Introduction

Power of Attorney (POA) is commonly used by Non-Resident Indians (NRIs) to manage property and legal affairs in India. However, when trust breaks down or misuse is suspected, revoking the POA becomes urgent. Many NRIs believe they must travel back to India to cancel a POA, which is not correct.

Indian law allows revocation of POA from abroad, provided the correct legal procedure is followed. This blog explains how NRIs can lawfully revoke a POA without returning to India and prevent further misuse.

When Should an NRI Revoke a POA?

Revocation should be considered immediately if:

• Property is being sold or negotiated without consent

• Revenue records change unexpectedly

• The attorney holder exceeds authority

• Relationship of trust breaks down

• Purpose of POA is completed

Delay can lead to irreversible damage.

Legal Basis for Revoking a POA

Under Indian law:

• A POA is an agency relationship

• The principal (owner) has the right to revoke it at any time

• Revocation is valid unless the POA is irrevocable for consideration

Most property-related POAs are revocable.

Step-by-Step Procedure to Revoke POA from Abroad

1. Draft a Deed of Revocation

Prepare a Revocation of Power of Attorney deed clearly stating:

• Details of original POA

• Reason for revocation (optional)

• Effective date of cancellation

Clarity is crucial.

2. Execute the Revocation Abroad

NRIs must:

• Sign the revocation deed before the Indian Embassy or Consulate

• Follow local notarisation and attestation procedures

This gives international validity.

3. Send the Revocation Deed to India

The original attested revocation deed should be couriered to India for:

• Stamp duty compliance

• Registration, if required

Proper handling ensures enforceability.

4. Stamp and Register the Revocation in India

For property-related POAs:

• Stamp duty must be paid

• Registration is strongly recommended

• In Punjab, compliance with Collector embossing rules is essential

Unregistered revocations weaken protection.

5. Serve Legal Notice on the Attorney Holder

A formal legal notice must be served informing the attorney holder of:

• Revocation

• Effective date

• Consequences of continued acts

Proof of service is important.

6. Inform Concerned Authorities

Notify:

• Sub-Registrar offices

• Revenue authorities

• Banks or institutions involved

This prevents further transactions.

7. Issue a Public Notice (If Necessary)

In sensitive cases:

• Publish a public notice in newspapers

• Especially useful if property is at risk of sale

Public notice protects third parties.

What Happens After Revocation?

Once properly revoked:

• Attorney holder loses all authority

• Any act done afterward is invalid and challengeable

• Owner can initiate civil or criminal action if misuse continues

Timely revocation strengthens legal remedies.

Special Considerations in Punjab

In Punjab:

• Agricultural land disputes escalate quickly

• Revenue record misuse is common

• Early intimation to local authorities is crucial

Proper compliance prevents encroachment and illegal transfer.

Common Mistakes NRIs Should Avoid

• Revoking POA verbally

• Relying only on emails or messages

• Delaying legal notice

• Failing to inform authorities

Revocation must be formal and documented.

Conclusion

Revoking a POA from abroad is legally permissible and practically effective if done correctly. NRIs must act promptly, follow proper legal procedures, and ensure that revocation is communicated to all concerned authorities.

Distance does not weaken legal rights—but delay does. Proper revocation is the first and most important step in preventing misuse of property in India.