Can a Irrevocable Power of Attorney be revoked ? Watch now

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Revoking an irrevocable Power of Attorney (POA) in India involves legal complexities but it possible . Here are five important facts along with relevant case details:
1. Legal Grounds for Revocation
Although termed "irrevocable," a POA can be revoked under certain conditions such as:
a. Mutual Consent: If both parties agree to terminate the POA.
b. Misuse or Fraud: If the agent acts beyond the authority granted or commits fraud.
c. Completion of Purpose: Once the objective of the POA is fulfilled.
d. Principal's Incapacity or Death: The POA automatically becomes void if the principal becomes incapacitated or dies.
e. Case Reference: In Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr. (2012), the Supreme Court of India emphasized that even irrevocable POAs can be revoked if there is misuse or fraud by the agent.
2. Notice Requirement
The principal must give proper notice to the agent about the revocation. Additionally, third parties who rely on the POA should be informed to avoid future disputes.
Case Reference: In Karnataka Electricity Board v. H. G. Balakrishna (1999), the court held that a POA revocation must be communicated effectively to prevent any third-party claims based on the previously granted authority.
3. Registration of Revocation
If the original POA was registered, the revocation deed must also be registered with the same authority. This ensures legal acknowledgment and avoids disputes.
Case Reference: In K. B. Saha and Sons Pvt. Ltd. v. Development Consultant Ltd. (2008), the Supreme Court ruled that revocation of a registered POA must be done through a registered deed.
4. Irrevocability Clause Conditions
An irrevocable POA is typically linked with an interest, such as in cases where the agent has a financial stake. However, if the agent violates the terms, it can be revoked despite the irrevocability clause.
Case Reference: In Jugraj Singh & Anr v. Jaswant Singh & Ors (1971), the Supreme Court clarified that the irrevocability clause in a POA does not apply if there is evidence of breach of trust or misuse.
5. Court Intervention
In cases of disputes or complexities, the principal can seek judicial intervention for revocation. Courts can annul a POA if it is proven that the agent acted against the principal's interests.
Case Reference: In Bharthari v. Shyam Sunder (1999), the court intervened to revoke an irrevocable POA when it was found that the agent was misusing his authority to the detriment of the principal.
Summary
While an irrevocable POA suggests permanence, Indian law provides mechanisms to revoke it under specific conditions such as fraud, misuse, or fulfillment of the POA's purpose. Proper notice, registration of revocation, and, if necessary, court intervention are critical steps in this process. Notable cases highlight the judiciary's stance on balancing the interests of both principals and agents to prevent abuse and ensure justice.
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[stanleyfernandes]

Hi, need help with guidance on selling or renting apartment in Goa. Are you available on what app. Trying to send a message but you are not on there

[herbs]

Ots not a sad truth. Its good that the POa Can be revoked. If the developer had registrred the agreement by paying the required stamp duty, than he would not need the POA.
The sad truth is that crooked developers make joint development agreements with landlords without oaying the due stamp duty. Then they get these POA to do as athey Outting the landlords and the investors at risk.
While the developer buys an bmw of 80 lacs and roams on the streets on Goa.
Flat buyers should stay away from developers that do not register their Joint Development Agreements.