The article will describe the process of using a deed of revocation to cancel the rights of a person whom you have given the power of attorney to. It will help you go through the simple step procedures so that you can understand how to reovoke power of attorney and registration of revocation deed in Pakistan.
Power of Attorney
For any property, one of the most powerful document that one can hold is the Power of Attorney. As the name itself suggests “power”, this document is used to give the rights of your property to another person to act on your behalf in all sorts of matters (e.g. private dealings, legal issues). The person who transferred the authority to another person is called the principal while the person who has been given the rights is normally called the agent (attorney).
Learn more about Power of Attorney and its Registration in Pakistan.
In Pakistan, normally the power of attorney is given to another person in case the principal is of age (incapable of self-handling), going to live abroad/elsewhere, or is busy in his life and does not have time to look after the property. However it can still be used for any other reason as well.
Deed of Revocation
It might be possible that for any reason you do not want to continue giving the other person the rights of your property and you want to get it back. For this very purpose you can use the Deed of Revocation to cancel the Power of Attorney under the law. Once you have started the process of registering the deed of revocation than the other person will have no more rights to act on your behalf.
How to revoke a Power of Attorney
The principal can cancel the power of attorney at any time. However, it is cancelled automatically in case of the death of the principal or otherwise the attorney
The process for revoking the power of attorney is very simple. As you may have registered the power of attorney with the registrar, similarly you will have to register the deed of revocation through the same legal route. Verbal communication is not going to be enough to revoke the rights. However if the power of attorney has not been registered then you do not need to register the deed of revocation as well.
The principal (owner) and only he has the right to draft the deed of revocation and no one can do this on his behalf. The document should mention the need to cancel the power of attorney along with the relevant date. If you feel any complication then you may consult a lawyer to help you write this document for your peace of mind.
The second step for you would be to finalize the document with proper formatting and submit it to the registrar or sub registrar office to continue the process. It is also important to mention that you should be registering the deed of revocation in the same office that you had submitted the power of attorney in, to avoid any kind of flaws or discrepancy.
Once you have submitted the document than you need to write a notice to the person who has been given the power of attorney. Remember to give this notice after the legal registration of the deed of revocation so that the person is not informed about your canceling his authority and does not get time to do any mysterious act or fraud on your property. Therefore, it is important that the notice is submitted afterwards. Another benefit of this notice will be that once the notice is received by the person who has the power of attorney then he will have no more rights to carry out any act over your property until the matter has been sorted out legally.
Essentials of a Deed of Revocation
Just like any other important document, the deed of revocation should also have the most basic foundation details that help give the document credibility under law. Some of the essentials are:
- The correct name of the owner with the same spelling that was written in the power of attorney.
- The name of the Attorney who has been granted the power
- Both the dates that the power of attorney was given and the date for the cancellation should be mentioned.
Read more about Sample Format of Revocation Deed in Pakistan
Once the deed of revocation has been submitted in registration office the attorney can either hand you back the rights or you will have to go through the court proceedings. In either way it is a simple procedure and you do not need to worry about the property being handled under wrongful means since you have started the legal process for revocation.
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