Dharaa
noticeexecuted: served

Revocation of Power of Attorney

A notice revoking a power of attorney, served on the attorney and on everyone who has been relying on it. Revoking the authority and telling people about it are two different things: under the Contract Act a revocation binds a third person only once they know of it, so service is what makes it bite. Where the power revoked was registered, a deed of revocation should be registered at the same office as well.

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What this document contains

6 clauses every revocation of power of attorney carries, plus 3 you can add.

  1. 01

    Who the notice is from and to

    The head of the notice: the place and date it bears, who it issues from, and everyone it is addressed to. Recipients are entered here rather than through the party picker — a notice is served on its recipients, not agreed with them, and the Sender is its only signatory.

  2. 02

    Subject

    The one line a recipient reads first, and the line the notice is later found by in a file. Written by the Sender rather than composed from the facts — those live on other clauses, and a clause cannot read another clause's data.

  3. 03

    The power of attorney being revoked

    Which authority is being revoked, identified well enough that a bank or a registrar can match it to the instrument they hold. A revocation that does not identify what it revokes is one nobody can safely act on.

  4. 04

    The revocation

    The operative paragraph: the authority is revoked. The date it takes effect is the sender's own — nothing computes it — and the sentence about the sender no longer being bound is what a third party reading this needs to see.

  5. 05

    Return of the instrument

    The call on the attorney to stop acting and hand back the original. The original matters: an attorney holding it can still show it to somebody who has not heard about the revocation, and that person may be entitled to rely on what they were shown.

  6. 06

    Notice to everyone concerned

    The paragraph addressed past the attorney to everybody else. Mandatory, because it is what the notice is for: under s. 208 of the Contract Act a revocation takes effect against a third person only when they come to know of it, so a revocation served only on the attorney leaves the sender bound by whatever the attorney does with anyone acting in good faith.

Optional clauses

  • What the Sender intends if this notice is not complied with

    The paragraph a notice conventionally ends with, in which the Sender says what they intend if it is not complied with. Optional, and never added automatically: whether to say anything at all is the Sender's decision. Where the Sender has words of their own they are used verbatim; where they have none, a neutral closing sentence is rendered that names no remedy and predicts no outcome.

    Worth adding when: the sender has said what they intend to do if the notice is not complied with

  • Enclosures

    The documents sent with the notice. Optional, because many notices enclose nothing.

    Worth adding when: the sender is sending documents along with the notice

  • Custom Clause

    A free-form clause for bespoke provisions not covered by standard clauses. Use clauseId 'custom-clause-1', 'custom-clause-2', etc. to add multiple. The LLM provides clauseTitle and clauseBody. Use the sequence parameter to control placement.

What the law requires

A revocation binds a third person only when they know of it
Termination of an agency takes effect as to the agent when they come to know of it, and as to a third person when that person comes to know of it. Until then the principal remains bound by what the agent does with someone acting in good faith. Revoking the authority and telling people about it are two different acts, and only the second protects the principal.
Indian Contract Act 1872, ss. 206 and 208
When a period begins to run
A period running from receipt and a period running from the date of the notice count different things. Where a document is sent by post, service is deemed to be effected at the time the letter would be delivered in the ordinary course of post, unless the contrary is proved.
General Clauses Act 1897, s. 27
Stamp duty
The Indian Stamp Act charges the instruments listed in its Schedule. A notice is not among them: it creates no right, transfers no property and records no bargain.
Indian Stamp Act 1899, s. 3 and Sch. I
A registered power needs a registered revocation
Where the power of attorney was registered, the revocation should be executed as a deed and registered at the same office. This notice tells the people who need to know; the registered deed puts the revocation on the public record the authority is on, which is what a sub-registrar or a purchaser's advocate will check.
Registration Act 1908, s. 17
Some authorities cannot simply be revoked
Where an agent has an interest in the subject matter of the agency, the authority cannot in the absence of an express contract be terminated to the prejudice of that interest. An authority given as security for something, or coupled with an interest, is not revoked merely by saying so.
Indian Contract Act 1872, s. 202
Get the original back
An attorney who retains the original instrument can still produce it to someone who has not heard of the revocation, and that person may be entitled to rely on what they were shown. Recovering the original is part of making a revocation effective, not a courtesy.
Indian Contract Act 1872, s. 208