Q.804 Revoke Power of Attorney

given to relative in India

Question: Hi, I got this e-mail address from NriInformation Questions &Answers . I have some questions and doubts. Please help me to clear it. I am in Canada and executed a power of attorney to my brother in laws name. Now I am completely cheated by my power of attorney holder and he filed a suit against my family in my name. He never respond when I tried to contact him. So I need to cancel my power of attorney and withdraw the suit he filed without my permission or knowledge. My question is that : 1. if I need to cancel my power of attorney do I need to go through embassy or just send a revocation letter (without embassy attestation) to the power of attorney holder directly? because I found this answer in your site Q623" While a revocable power of attorney (POA) can generally be canceled by publication notice of revocation in two reputable newspapers and sending the same copy to the Power of Attorney holder. and If a POA is not registered, it can be revoked by drafting a revocation document and sending it by registered mail to the person who holds the POA and publishing a public notification in two well circulated newspapers in the area where the POA relates tor. ? (my POA is not registered) 2. If I send a letter to the court directly saying about his cheating and how he, without my knowledge and permission, filed a suit, how will it affect him? Does the Court will take any action against him? 3. Can I withdraw the suit he filed without my knowledge and permission? Please give me a reply as soon as possible. Thanks Susan Answer: When you gave Power of Attorney (POA) to your brother in law did you specifically mention in what particular matter he could act on your behalf and to what extent? In case you simply signed a general POA giving the holder the right to act on your behalf, then POA holder may go ahead and do whatever he wants and claim its in your best interest. You should take steps to protect yourself and seek the services/advice of a professional lawyer. Sending notice of revocation of POA through your lawyer will also have a better impact. Regarding your questions: 1. You can revoke the Power of Attorney by executing a document canceling the POA. For Non-Residents, attestation of documents by Indian consulate abroad gives the document more authenticity in India for all types of documents. Public notice in newspapers is always recommended. Once you contact a lawyer, he/she may advise you on the best way to proceed. 2. How a court will react if you sent the a letter is something I cannot comment as this would depend entirely on the Judge. 3. Generally the person who filed the suit should be the one withdrawing it (not an easy affair in India) A judge may also dismiss a case.