In India, you must complete a Deed of Revocation, give notice to the agent, and issue a public notice to terminate an irrevocable Power of Attorney (PoA). An irrevocable Power of Attorney (POA) is usually structured as a power coupled with an interest. It means the agent has a proprietary stake tied to the authority given. Because of this, you cannot simply revoke it at will like a normal revocable POA.
However, Indian law and court practice allow cancellation under specific legal pathways.
Many POAs call themselves “irrevocable,” but unless the agent has a legal interest in the subject matter, the principal can still revoke it. Under Section 202 of the Indian Contract Act, 1872, a POA becomes genuinely irrevocable only if the agent has an interest that would be harmed by revocation.
The simplest way to cancel an irrevocable POA is mutual agreement in writing. Both you (principal) and the agent must sign a formal revocation document acknowledging termination of authority.
Regardless of irrevocability, a POA ends automatically if:
The object or purpose of the POA is fully accomplished.
The agent dies, becomes legally incapacitated, or insolvent.
The subject matter (e.g., property) ceases to exist.
If the agent misuses the POA, breaches fiduciary duties, commits fraud, or acts beyond their authority, the principal can approach a civil court to cancel the POA. Courts in India have annulled “irrevocable” POAs where misuse or breach of trust is proven.
Once revocation is agreed or ordered, issue a written notice to the agent and publish a public notice in a newspaper so that third parties relying on the POA are informed. If the original POA was registered, register the Deed of Revocation at the same Sub-Registrar’s office.
This is all about how to cancel irrevocable power of attorney in India.
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How to Cancel Irrevocable Power of Attorney in India?
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2025-12-19T07:40:58+00:00 2025-12-30T11:13:31+00:00Comment
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