DEED OF REVOCATION OF POWER OF ATTORNEY
(MUKHTARNAMA MANSOOKHI)
THIS DEED OF REVOCATION is made on __________ at __________ (__________)
BY
CONCERNING THE AUTHORITY GIVEN TO
The Attorney is not a party to this deed, has not signed it, and his consent to it is neither required nor implied. Where this deed calls upon the Attorney to do or to refrain from doing anything, it does so by way of a demand founded on the duties the Indian Contract Act, 1872 already puts upon an agent, and not by way of any covenant by him: a person who has not signed an instrument is not bound by a promise written into it.
RECITALS
NOW THIS DEED WITNESSES as follows.
1. Revocation
1.1 I hereby revoke, cancel, annul and determine the said Power of Attorney, so far as the said Power of Attorney was given by me, with effect from the execution of this deed and subject to clauses 3.2 and 4.1 below. Except so far as this deed expressly identifies authorities as continuing in force, this revocation extends to the whole of the said Power of Attorney and to every authority, power and discretion contained in it, including every authority to appoint a substitute.
2. Nature of the agency
2.2 I make this revocation in exercise of such right as I have under sections 201 and 203 of the Indian Contract Act, 1872, and I intend this deed to serve as the reasonable notice contemplated by section 206 of that Act.
3. Notice to the Attorney
3.2 Under section 208 of the Indian Contract Act, 1872, the termination of the Attorney's authority does not take effect, so far as regards the Attorney, before it becomes known to the Attorney. Proof of despatch, the postal receipt and the acknowledgement due card shall be obtained, preserved with this deed, and produced at the registering counter when this deed is presented, so that the date of knowledge is on the public record and not merely in my own file.
4. Notice to the world: publication and intimation to the public offices
5. Acts done before notice
5.1 I acknowledge that, under sections 204 and 208 of the Indian Contract Act, 1872, an act lawfully done by the Attorney within the authority given, before this revocation became known to the Attorney or, as the case may be, to the third person concerned, may continue to bind me, and that I cannot revoke the authority so far as it has already been exercised so as to bind me.
5.2 This acknowledgement is not an admission that any particular act was within the authority given, that it was done before notice, or that it was done honestly. I reserve every right and remedy in respect of any act done outside the authority given, done after notice, or done in breach of the Attorney's duties to me, including my right to sue for cancellation of an instrument under section 31 of the Specific Relief Act, 1963, to seek a declaration under section 34 of that Act, to challenge any mutation up the revenue hierarchy of Assistant Collector, Collector, Commissioner and Financial Commissioner, and to make a complaint to the police.
6. Return of documents and account
6.1 I hereby call upon the Attorney — in discharge of his duties as my agent under sections 213 and 217 of the Indian Contract Act, 1872 to keep and render proper accounts to me on demand and to pay over all sums received on my behalf, and under section 209 of that Act to take, on the termination of the agency, all reasonable steps for the protection and preservation of the interests entrusted to him — forthwith to deliver to me the original of the said Power of Attorney and every deed, document, title paper, fard, allotment letter, key, record, cheque book, card and other property of mine in his custody, possession or control, and to render a true and complete account of all acts done and of all moneys received and paid under the said Power of Attorney.
6.3 The duties recited in clause 6.1 are the Attorney's duties as agent and arise from the agency and from the statute, not from this deed. This clause records the demand and the date on which it was made; it does not purport to impose a contractual obligation upon a person who is not a party to this instrument.
7. No substitution or delegation
7.1 I call upon the Attorney not to exercise or purport to exercise, after this revocation, any authority hereby revoked, not to appoint any substitute or delegate in respect of any authority hereby revoked, and not to permit any substitute or delegate earlier appointed to act in respect of it.
7.2 Independently of that demand, and as a matter of the power itself, any authority conferred by the Attorney upon any other person under the said Power of Attorney stands revoked to the same extent as the said Power of Attorney is revoked by this deed. A substitute or delegate can hold no more authority than the attorney who conferred it holds, and to the extent stated in clause 1 that authority has gone.
8. Stamp duty already paid
8.1 Any stamp duty paid on the said Power of Attorney is not refundable by reason of this revocation, and nothing in this deed is a claim for its refund. This deed is stamped as an instrument of cancellation under Article 17 of Schedule I-A of the Indian Stamp Act, 1899.
9. Governing law and jurisdiction
IN WITNESS WHEREOF I have signed this Deed of Revocation on the day and year first written above, in the presence of the witnesses named below.
SIGNED AND DELIVERED by the Donor
Signature: ______________________
(Photograph and thumb impression to be affixed as section 32A of the Registration Act, 1908 requires, at the time of presentation for registration.)
WITNESSES
ANNEXURE A — PUBLIC NOTICE, FOR PUBLICATION IN THE NEWSPAPERS
Everything between the two rules below goes to the advertisement counter exactly as it stands. Nothing else in this deed is published, and the reason you gave for revoking is deliberately not in it. Set the Punjabi insertion in GURMUKHI script: a Punjabi notice typeset in Roman letters is read by nobody in the village where it matters, and a name that has been transliterated into Roman and back is the first thing a purchaser's counsel will say did not identify anybody. Get the insertion order number and the rate in writing before you release the notice, and collect two complete tear sheets showing the masthead, the edition and the date — a cutting of the notice alone proves nothing four years later.
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PUBLIC NOTICE
(Revocation of a Power of Attorney)
Place: __________
Date: __________
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ANNEXURE B — INTIMATION TO THE SUB-REGISTRAR
Print on plain paper, sign it, and hand it across the counter with a copy of the deed. Ask for a diary number, and write that number on your own copy before you leave the building. Lodge one of these at the office where the deed is presented, and — if the original power was registered at a different office — a second one there.
Subject: Intimation of the revocation of a Power of Attorney, and request for a diary number and a note against the record
Sir / Madam,
I request that this intimation be taken on the record of this office against a diary number; that the diary number be endorsed on the copy I retain; that a note of this revocation be made against the entry and in the index relating to the said Power of Attorney so far as the practice of this office permits; and that the said Deed of Revocation be received for registration under section 18 of the Registration Act, 1908. My purpose in lodging this intimation is that a person searching the record of this office should find the revocation and not merely the power, and I ask that the office record reflect it accordingly.
Yours faithfully,