Q623. How to revoke power of

attorney given in India from abroad

Question: Hello sir my name is Ramandeep Sihota. My question is my parents want to cancel power of attorney they made in India. We have been to notary public to revoke the power of attorney and went to indian consulate In Canada. Now what is my next step. I have been told I would have to go to India , but I can not as and my parents are to ill to go, and we have no relative there. Could you kindly inform on what is the next process in this matter. Also another question my parents have house in India , that they have not been allowed into for over 10 years. As my father's uncle is illegally occupying the home , but my parents are paying the full tax on the house. No police, lawyer or anyone has helped us , selling has become difficult for us. India has become in a dangerous place for us. Is there any way my parents can stop paying tax on the property if we are unable to get into it. I have written letters that I am not responsible for anything that happens regarding that happen with that house. Thank you Ramandeep Sihota Answer: How a Power of Attorney can be revoked depends on: 1. The type of Power of Attorney given. Basically, there are two kinds of Power of Attorneys (PoA) o Revocable Power of Attorney o Irrevocable Power of Attorney 2. Power of Attorney document that is registered • 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. In the case of irrevocable POA, the revocation can be done by approaching a court in India in the appropriate jurisdiction. • 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 to. Please keep in mind that revocation would depend on the type of POA and you should consult a lawyer who can advise you after studying the actual POA document. Lawyer’s in India can also be contacted on-line or by telephone. Regarding your second question, As long as your parents pay the taxes, they have some proof of ownership, I suggest you try and contact a reputable lawyer in India for help and guidance. it is very difficult to fight property cases in India from abroad. If you wish to reclaim your property, someone from your family should go to India and register a complaint with the authorities with the help of a lawyer. If the property you have is located in Punjab, you may be interested to know that on January 4, 2013, Punjab Chief Minister Parkash Singh Badal at the Pravasi Punjabi Sammellan-2013 announced the creation of a fast-track court for ensuring quick settlement of NRI cases.