 |
| What is Abtal Nama |
In the name of ALLAH, the most beneficent, the most
merciful
What is Abtal Nama? –
Cancellation of Power of Attorney – How to Cancel a Power of Attorney
1.
In this article, I am going to explain about Abtal Nama
or Cancellation of Power of Attorney or Revocation of Power of Attorney. Abtaal
Nama/ Cancellation of Power of Attorney/ Revocation of Power of Attorney is a
document which is required to be executed for cancellation of Power of
Attorney.
2.
Before understanding an Abtal Nama or Cancellation of Power
of Attorney, Lets take a look at what is Power of Attorney? In Urdu, Power of
Attorney is called Mukhtar Nama. Two Types of Power of Attorney are usually
heard and seen i.e Special Power of Attorney (Mukhtar Nama Khas) and General
Power of Attorney (Mukhtar Nama Aam). Other type of Power of Attorney is also in
existence which is Irrevocable Power of Attorney, being explained in this
article later on.
3.
The Person who executes a Power of Attorney is called
“Principal” or Mukhtar Dahinda and the person in whose favour Power of attorney
is executed is called “Agent” or Mukhtar.
4.
The Power of Attorney of Attorney can be executed for many
purposes like authorizing the Agent to pursue court cases, to receive cheque,
to manage and look after any immovable property or to sell out any property
etc.
5.
The Power of Attorney other than Irrevocable Power of
Attorney stands automatically cancelled in case of death of Principal or
his/ her Agent. The principal can also cancel the Power of Attorney if he is
not in further need to continue agency with agent.
6.
Some Power of Attorneys are necessarily required to be registered
under section 17 of The Registration Act 1908 in the office of Sub Registrar concerned and some power of
Attorney are not required to be registered.
7.
According to law, the Power of Attorney, in which power to
sell any immovable property i.e House, Plot, Banglow, Flat
etc, is granted, such Power of Attorney must be registered in the office
of Sub Registrar. Other Power of
attorneys in which, Powers other than selling an immovable property are granted,
such Power of Attorney is not necessarily required to be registered in the
office of Sub-Registrar. Though, same is not necessarily required to be
registered however, can be registered in the office of Sub-Registrar if desired
so.
8.
So, If earlier, you have executed a registered Power of
Attorney in favour of someone and want to cancel it, you should keep in mind that what is the type of Power of
Attorney? what was its purpose? in which
office, it was registered either with Sub Registrar or with Notary Public?
9.
If the purpose of Power of Attorney intended to be cancelled,
was for selling any immovable property or creating any interest or title in the
immovable property and same was also registered in the office of Sub Registrar
Concerned, then you (Principal) can send notice to the Agent, informing him
your intention and all the details, you can also publish a notice in newspaper in
this regard. The most important thing
is to Execute a Deed of Revocation of Power of Attorney (Abtal Nama). Such Abtal Nama must be registered in the
same office of Sub-Registrar where the Power of Attorney intended to be
cancelled was registered.
10.
If the purpose of Power of Attorney intended to be cancelled,
was other than selling any immovable property and same was also not
registered in the office of Sub-Registrar Concerned, then you (Principal)
can send notice to the Agent, informing him your intention and all the details,
you can also publish a notice in newspaper in this regard. In this situation, no need to execute Deed of
revocation of Power of Attorney (Abtal Nama).
11.
Some times, the Power of Attorney conferring any powers other
than selling an immovable property is only attested by Notary Public (Only
stamped) or registered with Notary Public in his Register. So, if the Power
of attorney intended to be cancelled is registered only with Notary Public,
then you can also execute an Abtal Nama and can get it registered with Notary
Public where it was registered. This Abtal Nama is not required to be registered
in the office of Sub Registrar because the Power of Attorney intended to be
cancelled was not registered in the office of Sub Registrar.
12.
When writing an Abtal Nama, you should write the particulars
of Agent, information about Power of Attorney (Special or General), information
regarding registration of Power of Attorney like Registered number, Book No.,
volume No, Pages No and registering office of Sub-Registrar or registration
information with Notary Public, and purpose for which power of attorney was
executed. After that, you should write the reasons for canceling the power of
Attorney.
Click the following link for format of Abtaal Nama inUrdu
Learn more about POWER OF Attorney, its registrationand fee etc
process of cancellation of
power of attorney