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A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority. This can be done by showing an affidavit made by your agent where he states that he is your agent and that you have given him the power of attorney.
An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.
Cancellation of power of attorney in India In India, if the attorney is unable to do any particular act, execute any particular document, or fails to appear before the Court or any other authority, then the principal can revoke a Power of Attorney.
Although a PoA is something when granted is of an irrevocable nature, if there is gross mismanagement on part of the agent, if the agent breaches the terms of the contract or if the agent acts beyond the scope of the powers, then the PoA can be revoked.
In the sentence, the person writing the statement must state that he or she is stating that the information is accurate. (Example: I, Jane Doe, solemnly swear that the contents of this document are true and correct, and that I agree to abide by the terms in this affidavit.)
3. Breach of Contract by an agent. Originally when made, the Power of Attorney is irrevocable but can be revoked in case of gross mismanagement on behalf of an Agent.
Affidavits are a vital part of court proceedings since they provide a written account of the details surrounding the case, which can make it easier for judges to make decisions. They are also useful for record-keeping purposes.
Section 202 of the Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent.
The principal can revoke a POA when there is gross mismanagement on the agent's part, the agent breaches the contract terms, or acts beyond his/her scope of powers. In such cases, even an irrevocable POA can be revoked by issuing a revocation notice.
How to write an affidavitWrite the heading AFFIDAVIT.State your name and personal details (i.e. ID number, gender, address, contact details, etc.).State that you are making a declaration under oath (i.e. I, the undersigned, declare the following under oath).Write the facts in a numbered list.More items...