Guide for Special Power of Attorney in Pakistan

Special Power of Attorney in Pakistan

A guide for overseas Pakistanis, foreign nationals, and residents who wish to execute or attest a general or special power of attorney in Pakistan, whether for legal representation, property conveyance, or other specific legal or general tasks.

Meaning of Power of Attorney

Power of attorney in urdu is (مختار نامہ). It is a legal document through which one or more persons [the principal(s) ] authorizes another (the agent or attorney) to act on their behalf. This relationship, defined as “agency”.It can be observed in the judgment reported as 2021 CLC 1121, power of attorney is a document that is a written delegation of authority. The acts of agent carried out on behalf of the the principle are considered legally binding on principle.

Power of Attorney Meaning in Urdu

ایک قانونی دستاویز جس کے ذریعے کوئی شخص دوسرے کو مخصوص یا عام کام انجام دینے کے لیے اپنا نمائندہ مقرر کرتا ہے۔

Terms in Special Power of Attorney

In the execution of a special power of attorney, two primary parties are involved:

  • Principal or Executant: The individual(s) who are the delegating or appointing authority.
  • Attorney or Agent: The person authorized to act on the principal’s behalf is an agent or attorney.

In judgment reported as 2024 PLD 28, it was held that the agent’s actions are binding on the principal.

Types of Power of Attorney in Pakistan

1. Special Power of Attorney (Mukhtar-e-Khas / مختار خاص)

It is commonly used for performance of specific tasks, such as representing someone in court or managing particular transactions.

General Power of Attorney (Mukhtar-e-Aam / مختار عام)

This type of power of attorney provides broader authority, such as handling all business or property-related matters like general power of attorney for property in Pakistan.

Type of power of attorney depends upon the nature and scope of the task delegated to the agent.

Essentials of Specimen of Special Power of Attorney in Pakistan

Following are the details that must be included in a special power of attorney

  • Particulars and personal details of executants and attorneys.
  • Date
  • Place of execution
  • Reason for execution
  • Determining the role of the attorney
  • Setting the limits of the attorney
  • Signatures of parties
  • Witnesses
  • Identifier (Optional)

How to make power of attorney?

Following and putting the above-mentioned essential details in a draft of power of attorney can make a good POA.

International Special Power of Attorney for Overseas Pakistanis

Overseas power of attorney is for Pakistanis residing abroad or foreign nationals for legal or general representation in Pakistan who wishes to perform a specific task or execute a special power of attorney for court case in Pakistan. However, it is a necessity that the Embassy of Pakistan must attest to the document. Subsequently, by the Ministry of Foreign Affairs of Pakistan. Below is a detailed guide to the internationally recognised Power of Attorney.

Power of Attorney from Abroad to a Person in Pakistan

To execute an international power of attorney for example special power of attorney from the UK to Pakistan, or any other country, following are the steps:

1. Drafting of POA:

All essential details, such as particulars of the principal and agent, task description, and limitations, etc., must be included. As per Judgment reported as 2017 CLCN 4 and 2022 SCMR 1398, the POA in Pakistan must be constructed strictly and sternly.

2. Signatures

The principal, agent, and witnesses must sign the draft of power of attorney.

3. Embassy Attestation

Principle then needs to visit relevant embassy, for example in case where the principle is in United Kingdom then Pakistan Embassy UK, in case of UAE, the Pakistan Embassy UAE, with supporting documents, including CNIC, passport, and resident ID. After due process, the embassy will attest the POA and return it to the principle.

4. Courier to Pakistan

Principle must send the original attested POA to the appointed agent in Pakistan.

5. Cross-Attestation in Pakistan

The agent must visit the Ministry of Foreign Affairs for final attestation.

This procedure is mandatory to make sure that overseas power of attorney is valid in Pakistan.

Local Special Power of Attorney in Pakistan

Locally, a special power of attorney is executed for tasks such as property management, banking transactions, or representing parda nasheen ladies in legal matters or a special power of attorney for court case in Pakistan.

Procedure for Local Special Power of Attorney

1. Stamp Paper

The POA must be printed and executed on stamp paper of the appropriate value (PKR 1,225, as per the Stamp Act). The rates may be outdated; please contact us for updated rates.

2. Signing and Witnessing

The principal and agent must sign in the presence of witnesses. Adding identifier who verify the identities of parties is optional.

3. Registration of Special Power of Attorney

Registration of a Special Power of Attorney is not mandatory but optional under the Registration Act. However, in certain cases, it may be necessary to register the document.

Attestation of Special Power of Attorney from Notary Public

A Special Power of Attorney intended for local use must be notarized by a Notary Public, or approved by the court when presented in court or government officer, before it can be accepted or used

Online Power of Attorney in Pakistan

With technological advancements, certain authorities such as NADRA, now offer online power of attorney verification in Pakistan . You can read full guide on online power of attorney through NADRA Pakistan.

How to Cancel Power of Attorney in Pakistan:

Cancellation of Special Power of Attorney can be using by following methods:

  • Executing a cancellation deed (ابتال نامہ).
  • Publishing the cancellation in a widely distributed newspaper.
  • Filing case for cancelation of power of attorney.

As observed in 2024 SCMR 1319, forgeries must be challenged by filing a cancellation suit under Section 39 of the Specific Relief Act.

Registration of Power of Attorney in Pakistan

Registration of a Special power of attorney is optional. However, if the special power of attorney is continuous, registration before the Area Registrar will help avoid further complications.

On the other hand, General power of attorney must be registered when dealing with immovable property transactions.

Power of Attorney Act Pakistan

The legal framework for power of attorney is governed mainly by The Powers of Attorney Act, 1882. The registration of documents is dealt under The Registration Act, 1908. The rates of stamp papers and their values of stamps duties are regulated under The Stamp Act, 1899.

Note:

M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to offer valuable insights to the general public, but this content shall not be considered as legal advice. Additionally, please note that the information provided here may be outdated as laws are amended regularly or may contain human error; therefore, we recommend not relying solely on this content. For personalized guidance or the most up-to-date information, we encourage our valued readers to contact our expert family lawyers in Pakistan by calling or WhatsApp at +92-310-8888539 or emailing info@lex.com.pk. We are here to assist with tailored solutions.

Frequently Asked Questions (FAQs)

Q1. Can I execute a power of attorney while living abroad?

Yes, through the Pakistan Embassy or consulate, followed by cross-attestation in Pakistan. it can also be done online via NADRA.

Q2. What is the fee for a power of attorney in Pakistan?

Stamp paper costs for special power of attorney is PKR 1,225, with additional fees for notarization or registration. However, for general power of attorney fee differs from case to case as per the value of property. 

Q3. What is a cancellation deed called in Urdu?

It is termed as Abtaal Nama (ابتال نامہ).

Q4. How to register power of attorney?

Power of attorney, whether special or general, is registered before the registrar of a specific area. Registration of special POA is optional; however, a general power of attorney for the property must be registered compulsorily.

Q5. What is a special power of attorney used for?

A special power of attorney is used for specific tasks, such as representing someone in a court case or selling property.

Q6. Can I execute a power of attorney online?

Yes, online power of attorney verification in Pakistan and its execution via NADRA is available in certain cases.

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