Irrevocable Power Of Attorney: Its Concept And Revocability Along With The Effect Of Death On Joint

Irrevocable Power Of Attorney: Its Concept And Revocability Along With The Effect Of Death On Joint Power Of Attorney

Paramdeepsingh M. Tung, Lawyer, Practicing at the District & Sessions Court, Anand, Gujarat under Advocate Mr. Praveen Nanavati

ABSTRACT

This paper seeks to explain the circumstances under which an irrevocable power of attorney may be revoked. It emphasizes the point that the nomenclature of a document may be read in a completely opposite manner if the Court interprets it to be something different. Further, the paper delves into the basic concept of what is a power of attorney and the meaning of the term ‘power coupled with interest.’ The paper further seeks to explain the effect of death on a power of attorney executed by several principals. Does such a power of attorney cease to exist if one of the joint principals dies or can it still be used? What will the Courts do in such a situation? This paper seeks to lay down as well as examine the principles as stated by Courts that allow revocation of an irrevocable power of attorney and the principles governing a situation wherein one of the joint principals dies in case of a jointly executed power of attorney.

Keywords: Irrevocable, power of attorney, power coupled with interest, death, joint power of attorney, sale, agent, interest of an agent, nomenclature, document, primary object.