Revocation and renunciation may be expressed or implied

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Thankamma George vs Lilly Thomas

   Supreme Court of India 09 Jul 2024 Binding (SC) Marked not reportable 2024 INSC 494

   Court's Decision & Legal Precedent

   When a principal, during the subsistence of a power of attorney, independently executes a deed concerning the property that is the subject matter of the power of attorney, such independent action by the principal amounts to implied revocation of the power of attorney under Section 207 of the Indian Contract Act, 1872. The revocation becomes effective as to third parties when they have knowledge of such independent dealing by the principal, as required by Section 208. A sale deed executed by an agent after such implied revocation is void ab initio and does not bind the principal.

   On this section: Revocation and renunciation may be expressed or implied in the conduct of the principal or agent. The Court held that the Appellant's independent execution of sale deed dated 18.01.2008 (Ex. A-3) amounted to implied revocation of the power of attorney granted to Respondent No. 1.

   Read the full order on eCourts India

2. Amar Nath vs Gian Chand

   Supreme Court of India 28 Jan 2022 Binding (Supreme Court) Reportable (2022) 1 SCC (Online) [Citation format as per Supreme Court reporting standards]

   Court's Decision & Legal Precedent

   When a person holding a power of attorney executes a document on behalf of the principal and presents that document for registration, such person is the 'person executing' the document within the meaning of Section 32(a) of the Registration Act and is entitled to present it for registration without producing the original power of attorney. The production of the original power of attorney is not mandatory for valid registration. Section 18A of the Registration Act requires production of a true copy of the document being registered (not the power of attorney) to expedite the copying process. Sections 32(c) and 33 of the Registration Act, which deal with production of power of attorney, apply only to agents presenting documents for registration, not to persons who have themselves executed the document. Cancellation of a power of attorney, even if validly effected, does not become effective against third parties until notice of such cancellation is brought to their knowledge, as per Section 208 of the Indian Contract Act. The High Court exceeded its jurisdiction under Section 100 CPC by reappreciating evidence and reversing concurrent findings of the trial court and first appellate court on factual matters.

   On this section: Deals with revocation of agency; revocation may be express or implied in conduct of principal or agent

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.