Legal Question in Real Estate Law in India

I live in Ghaziabad (UP) India. About 10 years back I had given a room of my flat to someone on power of attorney on payment of some amount. This power of attorney was only notarized not registered with Registrar. The person given it to another person on power of attorney and now third power of attorney holder is occupying that room and using it as commercial. When the power of attorney was done by me the flat was not registered with Registrar and now full cost is paid and whole flat (including that room) is registered in my name. I now want to cancel the power of attorney and take back that room. My question is that "whether I can legally cancel the power of attorney done by me and take back the room" or "any other legal remedy is available to me to take back the room which is an integral part of the property".


Asked on 10/05/10, 12:05 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

it would depend what all documents you have executed in addition to the power of attorney. Power of attorney coupled with consideration cannot be revoked. However, it is general law that power of attorney can be revoked by giving notice to the person. you must seek fact base advice by showing all the documents.

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Answered on 10/05/10, 9:00 am


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