How to Cancel a Power of Attorney (POA) Issued in UAE for Use in India

Cancelling a Power of Attorney (POA) can feel like a daunting task, especially when it involves two different countries like the UAE and India. But don't worry, it's a manageable process once you understand the steps involved. This guide will walk you through everything you need to know, making it as clear and straightforward as possible.

At its core, cancelling a POA means revoking the authority you granted to someone else (the 'agent' or 'attorney-in-fact') to act on your behalf. This is crucial for safeguarding your interests and preventing any misuse of the power previously given.

Why Cancel a Power of Attorney?

People decide to cancel a POA for various reasons, including:

• Completion of Purpose: The specific task for which the POA was granted has been accomplished (e.g., property sale, bank transaction).
• Change in Relationship: A breakdown in trust or a change in personal circumstances with the agent.
• Agent's Misconduct: If the agent has misused or is suspected of misusing the authority.
• Principal's Change of Mind: You simply no longer wish for the agent to have that authority.
• Agent's Incapacity or Death: Though often leading to automatic revocation, formal cancellation provides clarity.

Key Considerations Before You Start

Before diving into the process, here are a few important points to keep in mind:

• Jurisdiction: The cancellation process largely depends on where the POA was originally executed (UAE) and where it was intended to be used and registered (India).
• Original POA: You'll ideally need a copy of the original POA for reference.
• Agent's Cooperation: The process is significantly smoother if the agent is cooperative. If not, don't worry, there are still ways to proceed.
• Type of POA: Was it a General Power of Attorney (GPA) or a Special Power of Attorney (SPA)? While both can be revoked, the scope of their impact differs.
• Registration: If the original POA was registered in India, its revocation deed must also be registered in India to be legally effective.

The Process: Cancelling a POA (Issued in UAE, to be Cancelled in India)

The steps vary slightly depending on whether you (the 'principal') are currently in the UAE or India.

Scenario 1: Principal is in UAE

This is the most common scenario: you're in the UAE, and you want to revoke a POA that was issued there for use in India.

1. Drafting the Revocation Deed:

   • You need to prepare a formal document called a "Deed of Revocation of Power of Attorney." This document explicitly states your intention to cancel the previous POA, clearly identifying the original POA by its date and details.
   • It's highly recommended to seek legal assistance from a local lawyer in the UAE to draft this deed correctly, ensuring it complies with both UAE and Indian legal requirements.
   • The deed should specify that the previous POA stands cancelled and revoked, and the agent no longer has any authority to act on your behalf.

2. Notarization in UAE:

   • Once drafted, the Deed of Revocation must be notarized by a public notary in the UAE. This verifies your signature and identity.
   • You will need your original passport and Emirates ID for this step.

3. Attestation/Legalization in UAE:

   • This is a crucial step for the document to be recognized in India. The notarized revocation deed needs to undergo a series of attestations:
     • Ministry of Foreign Affairs (MOFA) in UAE: The document must first be attested by the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC). This confirms the authenticity of the notary's signature.
     • Indian Embassy/Consulate in UAE: After MOFA attestation, the document must be attested by the Embassy of India in Abu Dhabi or the Consulate General of India in Dubai, depending on your jurisdiction. This step legalizes the document for use in India.
   • Keep multiple attested copies if the original POA was used or registered at multiple places in India.

4. Sending to India:

   • Once fully attested in the UAE, the original Deed of Revocation needs to be sent to India. You can send it yourself or through a trusted person or courier service.

5. Registration in India:

   • This is the final and most critical step for the revocation to be legally effective, especially if the original POA was registered.
   • The attested Deed of Revocation must be registered with the Sub-Registrar of Assurances in India, specifically in the jurisdiction where the original POA was registered or where the property/transaction is located.
   • You (the principal) can personally appear for registration, or if still in the UAE, you can issue a new, specific POA (attested in UAE as above) authorizing someone in India to register the revocation deed on your behalf.
   • Required documents for registration in India:
     • Original attested Deed of Revocation.
     • Your passport copy (attested).
     • Passport-size photographs.
     • Proof of identity and address of the person presenting the document.
     • Original POA (if available and you wish to submit it).

6. Informing the Agent:

   • Even after registration, it is imperative to formally inform the agent that their authority has been revoked. Send a legal notice via registered post with acknowledgment due to their last known address. This serves as proof that the agent was notified.
   • If the agent is uncooperative, this notice becomes even more critical.

Scenario 2: Principal is in India

If you are currently in India and wish to revoke a POA that was originally issued in the UAE for use in India:

1. Drafting the Revocation Deed:

   • Draft the Deed of Revocation with the help of a local lawyer in India.
   • Ensure it clearly references the original POA and states your intention to revoke it.

2. Notarization and Registration in India:

   • The Deed of Revocation must be notarized by a public notary in India.
   • Subsequently, it must be registered with the Sub-Registrar of Assurances in the relevant jurisdiction in India, especially if the original POA was registered there.
   • You will need your identity proof, address proof, and passport-size photographs.

3. Informing the Agent:

   • As in Scenario 1, formally notify the agent via a legal notice sent by registered post with acknowledgment due. If the agent is in the UAE, you might need to send the notice internationally.

4. Sending to UAE (if required):

   • If the original POA was also used or registered in the UAE (less common for a POA intended for India but possible), you might need to send an attested copy of the revocation deed to the UAE and have it attested by the UAE Embassy/Consulate in India and then by MOFA in UAE for it to be recognized there. This is usually only necessary if the agent might still try to use the POA in the UAE.

Scenario 3: Agent is Uncooperative or Unavailable

This can be a tricky situation but is not insurmountable.

1. Public Notice:

   • After executing and registering the Deed of Revocation, it's highly advisable to publish a public notice in a prominent English newspaper and a local language newspaper (e.g., Hindi, Malayalam, Tamil) with wide circulation in India.
   • Also, consider publishing in a newspaper circulated in the UAE, especially if the agent resides there.
   • The notice should clearly state that the POA has been revoked, including details of the original POA and the agent, and that any transactions entered into by the agent after the date of revocation will not be binding on you. This provides public knowledge of the revocation and protects you from future liabilities.

2. Court Intervention (Last Resort):

   • If the agent continues to act on the revoked POA despite notification and public notice, or if you anticipate significant issues, you may need to file a civil suit in an Indian court to declare the POA null and void and seek an injunction against the agent. This is a more complex and time-consuming process and should be considered a last resort.

Required Documents (General List)

While specific requirements can vary, generally you will need:

• Original POA (if available): For reference.
• Draft Deed of Revocation: Prepared by a lawyer.
• Your Passport: Original and copies for identity verification.
• Emirates ID (if in UAE): Original and copies.
• Indian Address Proof: (e.g., Aadhar Card, Voter ID, Driving License) if in India.
• Passport-size Photographs: Recent ones.
• Witnesses: For notarization and registration, typically two witnesses with their identity proofs.
• Fees: For notarization, attestation, and registration.

Costs and Timeframes

• Legal Fees: Can range from AED 1,000 to AED 3,000+ in UAE or INR 5,000 to INR 20,000+ in India, depending on the complexity and lawyer's experience.
• Notarization Fees: Usually nominal, around AED 100-300 in UAE or INR 100-500 in India.
• Attestation Fees (UAE MOFA & Indian Embassy): Can be AED 150-300 per document at MOFA and AED 50-100 at the Indian Embassy/Consulate.
• Registration Fees (India): Varies by state, typically a few hundred to a few thousand Indian Rupees, plus stamp duty (which can be nominal for a revocation deed).
• Public Notice Fees: Depends on the newspaper, can be INR 2,000 - INR 10,000+ per publication.
• Timeframe:
  • Drafting & Notarization: A few days to a week.
  • Attestations (UAE): 1-2 weeks (can be expedited for higher fees).
  • Shipping to India: 3-7 days.
  • Registration (India): 1-2 weeks once documents are submitted.
  • Total Time: 3-6 weeks if all goes smoothly. It could take longer if there are complications or delays in attestation/registration.

Common Questions & Pitfalls

• What if I don't have the original POA? It's still possible to revoke it. The Deed of Revocation will reference the details you do have (date, parties involved, purpose). Public notice becomes even more critical in this scenario.
• Does revocation affect past actions of the agent? Generally, no. Actions taken by the agent before the revocation was effective and known to third parties are usually still valid. The revocation applies from the date it becomes legally effective and known.
• Do I need to inform every institution where the POA was used? Yes, it's highly recommended. Send attested copies of the Deed of Revocation to banks, property registrars, societies, or any other entity where the original POA was presented.
• Pitfall: Not registering the revocation deed. If the original POA was registered, merely executing a revocation deed without registering it in India will not effectively cancel the POA in the eyes of the law, especially for property matters.
• Pitfall: Not informing the agent. Failure to formally notify the agent can lead to disputes and potential liability if the agent unknowingly acts on the revoked POA.

What Happens After Cancellation?

Once the POA is effectively cancelled and registered, and the agent has been duly informed:

• The agent's authority to act on your behalf ceases completely.
• You regain full control over the matters previously delegated.
• You should proactively inform relevant third parties (banks, government departments, property registrars) by providing them with attested copies of the Deed of Revocation. This prevents any future misuse or confusion.

Important Note

The information provided in this guide is for general informational purposes only and does not constitute legal advice. Laws can be complex and are subject to change. It is highly recommended to consult with a qualified legal professional in both the UAE and India to ensure compliance with all applicable laws and regulations for your specific situation.