Wakeelnama
Overseas

A notice cancelling a power of attorney

To your attorney, with a line for anyone who has dealt or may deal with them. It warns that what was already done stays done.

A starting draft. No lawyer has reviewed it. Have a lawyer in Pakistan read it before you sign or send it.

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The paper as it reads now

Notice cancelling a power of attorney

To: attorney's full name

CNIC number attorney's CNIC number

attorney's address in Pakistan

From: your full name

CNIC or NICOP number your CNIC or NICOP number

your address abroad

Subject: Cancellation of the power of attorney dated date of the power

I gave you a power of attorney dated date of the power, signed or attested at where it was signed or attested, registered or deposited as registration or deposit details, if any, over this property:

the property it covers

I cancel that power. Do not act in my name under it again.

Section 208 of the Contract Act 1872 says the end of your authority takes effect for you once it becomes known to you. This notice makes it known to you.

Please return the original power of attorney, and any copies you hold, to me.

Please tell me in writing what you have already done under the power, and send me copies of every paper you signed with it.

To anyone who has dealt or may deal with my attorney

The power of attorney I gave to attorney's full name is cancelled. Do not deal with them in my name under it. Under section 208 of the Contract Act 1872, the cancellation takes effect for you once you know of it. This notice tells you.

Signed by me: signature

Name: your full name

Date: date

Place: city and country

Copies sent to

offices, buyers or banks, one per line

Before you sign or send (notes for you, not part of the paper)

  • Give your attorney reasonable notice. Section 206 of the Contract Act 1872 says that otherwise the damage that results must be made good. Read the step
  • Cancelling does not undo what the attorney has already done under the power (Contract Act 1872, section 204). Read the step
  • Send a copy to every office, buyer or bank that may deal with the attorney. Until they know, the cancellation does not take effect for them (section 208). Read the step
  • UNCONFIRMEDNot confirmed: whether this notice must be attested, stamped or registered, and how a cancellation is recorded with the sub-registrar or High Court that registered or holds the power. No text we read says. Ask that office or a lawyer. Read the step

A starting draft. No lawyer has reviewed it. Have a lawyer in Pakistan read it before you sign or send it.

What this paper rests on

  1. You

    You can cancel the power at any time before the agent has used it.

    s203, Contract Act 1872, read .

    The text says

    The principal may, save as is otherwise provided by the last preceding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the principal.

    Read the step

  2. You

    If the agent has already used part of it, cancelling does not undo what was done.

    s204, Contract Act 1872, read .

    The text says

    The principal cannot revoke the authority given to his agent after the authority has been partly exercised so far as regards such acts and obligations as arise from acts already done in the agency.

    Read the step

  3. Your agent

    Give your agent reasonable notice that you are cancelling.

    s206, Contract Act 1872, read .

    The text says

    Reasonable notice must be given of such revocation or renunciation; otherwise the damage thereby resulting to the principal or the agent, as the case may be, must be made good to the one by the other.

    Read the step

  4. Registrar, buyers, banks

    Tell everyone who may deal with the agent. The cancellation does not bind them until they know.

    s208, Contract Act 1872, read .

    The text says

    The termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so far as regards third persons, before it becomes known to them.

    Read the step

  5. Sub-registrar or High Court

    Ask the office that registered or holds the power how to record your cancellation.

    UNCONFIRMED: No text we read says how a cancellation is recorded with a sub-registrar or the High Court. Ask that office or a lawyer.

    Read the step