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.
