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Legal: Signing from abroad

Revoking a power of attorney you gave someone in India

The relationship changed. The document did not, and it is still live.

You gave a cousin a general power of attorney years ago so somebody could deal with the property while you were abroad. The relationship has soured, or the job it was for is finished, and you want it withdrawn. The worry is real: a power of attorney that is still in circulation can still be acted on.
Last reviewed: 11 September 20266 min readReviewed with a practising advocate

The short answer

Revocation is not effective just because you decided. Under Section 208 of the Indian Contract Act, termination does not bind the attorney until they know of it, and does not bind third parties until they know of it. So the job is not cancelling the document, it is creating proof that the attorney and the world were told. Writing cancelled across the page does nothing.

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Why the document is still dangerous after you decide

Section 208 of the Indian Contract Act is the provision that matters, and it cuts against you.

It says the termination of an agent's authority does not take effect, as regards the agent, before it becomes known to him, and as regards third persons, before it becomes known to them.

Read as a practical rule: until your attorney knows, they can still bind you. Until the buyer, the bank or the sub-registrar knows, they are entitled to treat the old authority as live. That gap between your decision and their knowledge is the exposure window, and closing it is the entire exercise.

Section 3 of the Powers-of-Attorney Act 1882 points the same way from the other side. Someone who acts in good faith under a power of attorney is protected if the power had been revoked and they did not know.

Writing cancelled on it does nothing

The Supreme Court dealt with exactly this in Amar Nath v Gian Chand in 2022. Merely writing the word cancelled on a registered power of attorney, or drawing a line through it, does not render it null and void. There must be a cancellation, and it must further be brought to the notice of the third party.

So the striking-through that feels decisive is worth nothing on its own. What counts is the act of revocation plus proof that the people who might rely on the document were told.

What actually closes the window

One warning before any of this. If anything has already been committed under the power of attorney, an agreement to sell, a development arrangement, money paid to the attorney, do not revoke first and ask afterwards. Revoking without sufficient cause can itself found a claim for compensation against you. Get the position assessed before the deed is executed.

There is no single statutory checklist, so treat the following as risk management aimed squarely at the knowledge requirement in Section 208.

Execute a deed of revocation. Where the original power of attorney was registered, register the revocation at the same sub-registrar's office, so anyone searching the record finds it. Serve written notice on the attorney by a method that produces proof of delivery, and keep that proof. Publish a notice in a newspaper circulating where the property is, in English and in the local language, which is the customary way of putting the world on notice. Notify the parties who are actually likely to rely on it: the bank, the housing society, the tenant, the buyer if a transaction is live.

Be clear about the status of these steps. Practitioners recommend all of them. None of them is written into a section that says you must. They matter because each one builds evidence that knowledge reached the people Section 208 cares about.

The power of attorney that cannot simply be revoked

One important exception. Section 202 of the Contract Act says that where the agent has an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of that interest.

This is the agency coupled with interest, and it is why a power of attorney described as irrevocable sometimes really is difficult to withdraw. It usually arises where the attorney has paid something, or has rights under a development or sale arrangement.

Note what it does not mean. The Supreme Court reiterated in 2025 that a general power of attorney, even one labelled irrevocable, creates agency and does not by itself transfer ownership. Calling it irrevocable does not make the holder the owner.

What happens when the principal dies

Under Section 201 of the Contract Act, an agency is terminated by the principal, meaning the person who gave the power, dying or becoming of unsound mind. So a power of attorney granted by a parent ends automatically on their death, unless the attorney genuinely had an interest in the property itself, which is the narrow Section 202 exception.

Heirs routinely discover this the hard way, when someone tries to sell an estate property on a POA the deceased signed. After death, the authority to deal with the property comes from succession, not from the old document, which means the right instrument depends on the asset: a grant of probate or letters of administration for immovable property, a succession certificate for debts and securities, and a legal heir certificate for the administrative steps that follow.

The exception in Section 202 can survive death where the agent genuinely holds an interest in the subject-matter, which is a question about the underlying arrangement rather than the wording of the POA.

What's involved

What needs an advocate, and what we can help you organise

  1. 1

    Drafting and registering the revocation

    A deed of revocation, registered where the original was registered, so the public record shows it. This is work for an advocate you engage.

  2. 2

    The notice trail

    The advocate serves the notice. We coordinate the proof of delivery, the newspaper publication where the property is, and the notices to the bank, society or buyer who might otherwise act on the old document.

  3. 3

    Checking what was already done under it

    Before revoking, the advocate searches the property record for anything executed under the power of attorney, and we arrange it. A revocation is forward-looking and does not undo a completed act.

  4. 4

    If something has already been done

    Where a transaction has gone through on a power of attorney you no longer stand behind, that is litigation, and an advocate advises you on it directly.

What to have ready

Documents you'll typically need

  • A copy of the original power of attorney, with its registration details if it was registered
  • The current address of the person you appointed
  • The property details and the latest record of rights or tax receipt
  • Anything you know about what has been done under the document

References on this page

  • Indian Contract Act 1872, Section 201, Section 202 and Section 208
  • Powers-of-Attorney Act 1882, Section 3
  • Amar Nath v Gian Chand (Supreme Court, 2022)

Frequently asked questions

Common questions

Yes. The revocation deed can be executed abroad and authenticated the same way the original was, then registered in India. What cannot be done from abroad is skipping the notice steps, because the effect of revocation depends on other people knowing.

No. The Supreme Court held in Amar Nath v Gian Chand that writing cancelled on a registered power of attorney, or striking it through, does not make it null and void. There must be a cancellation and it must be brought to the notice of third parties.

There is no provision that says you must, but where the original was registered you should. Registration is what puts a person searching the record on notice, and notice is what Section 208 makes decisive.

Not necessarily. The label alone does not decide it. Section 202 protects an agent who has an interest in the property that is the subject-matter of the agency, so the question is whether your attorney genuinely has such an interest, which turns on the underlying arrangement.

Almost certainly not. Under Section 201 an agency terminates on the death of the principal, so the power of attorney ended with him, unless the attorney held an interest in the property itself under Section 202. Dealing with the property now runs through succession. For immovable property that usually means a grant of probate or letters of administration, not a succession certificate, which covers debts and securities only.

Revocation is forward-looking and does not by itself undo a completed transaction. Whether the transfer can be challenged depends on the authority the document actually gave and what the buyer knew. That is a dispute, and it needs an advocate on the specific facts.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Power of Attorney executed abroad: the stamping clock

Right now: Stamped in India within 3 months of receipt in India

Where it works differently

The country is a Hague Apostille Convention member
Notarise locally, then apostille. Otherwise it needs attestation by the Indian mission.
Two different routes; using the wrong one means a rejected document at the sub-registrar.
The 3 months lapse
Penalty stamping is required and the document may be questioned. Sub-registrars do check the receipt date.
Indian Stamp Act.
The PoA is meant to transfer the property itself
It cannot. A GPA does not convey title, per Suraj Lamp (SC, 2011). A PoA authorises someone to ACT for you, not to receive your property.
The commonest and costliest misunderstanding.

Commonly got wrong

  • A PoA can be used to sell the property to the holder. Suraj Lamp held GPA sales convey nothing. A PoA lets an agent act for you; it does not transfer ownership to them.A Power of Attorney lets someone sign on your behalf. It does not transfer the property to them. Only a registered sale deed does that.

Related

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Thinking about withdrawing a power of attorney

Tell us when it was given, whether it was registered, and what you are worried about.

General information, not legal advice. An independent practising advocate assesses your matter and engages you directly. TrustNRI is not a law firm.