In This Post:
– How to Attest Power of Attorney
– Requirements of Power of Attorney
– How to Avoid Fraud
Power of attorney is a powerful legal document that can be used for a variety of purposes, but at its very basic, it is a permission for another person to act on one’s behalf. Power of attorney is useful when a person cannot be physically present to submit the documents.
So they authorize someone else to do it for them. In short, it is a legal document in which you delegate certain legal powers, for example the right to sell or lease a property, to some other person.
Power of Attorney For Overseas Pakistanis
Many overseas Pakistanis investing in Pakistan need to send a power of attorney to someone living in the country. It is recommended to hire a lawyer, who can draft the required documents and also explain the process of attesting the documents. Drafting documents requires a lot of care as typos or incorrect information can result in the document being rejected. A competent lawyer can help prepare the paperwork and also avoid unnecessary delays.
A principal (the one granting the power of attorney) can also authorize someone to move the court or make an appearance in the civil court on their behalf. They can authorize them to buy, sell, lease, or take possession of property on their behalf. Indeed, this is one of the primary methods through which overseas Pakistanis, unable to visit Pakistan, conduct their business.
The process can be divided into two parts:
- Attestation of the power of attorney in consulate/embassy of Pakistan
- Registration of the power of attorney in Pakistan
Attestation of Power of Attorney
Before a power of attorney can be registered in Pakistan, there needs to be an attestation of power of attorney at the respective consulate or embassy of Pakistan in the country of the principal’s residence.
How to attest for power of attorney?
Let’s consider an example: Your brother is residing in Australia and he needs you to construct a house in Lahore on a plot that belongs to him. You will need a power of attorney to do that. For this purpose, you (the agent) and your brother (the principal), will have to follow the below mentioned steps:
Frame a power of attorney, or have it framed by a lawyer. It is recommended you discuss it with a legal professional before you make and sign it. In any case, this will need to include details on what needs to be done on your behalf. Your brother will need to visit the Consular Section of the High Commission for Pakistan, Canberra or the Consulate General of Pakistan, Sydney. He will need to take along the following documents:
Requirements for Power of Attorney
- Original power of attorney and a few copies.
- Application form for attestation of power of attorney.
- His original passport along with its copy.
- His original Computerized National Identity Card (CNIC) or National Identity Card for Overseas Pakistanis (NICOP) along with its copy.
- Two recent passport size photographs affixed on power of attorney next to the place of signature.
- In case the document of power of attorney extends to more than one page, each page will have to be signed.
- Copies of your CNIC and that of the witnesses.
- Processing fee in the form of a postal money order or bank cheque worth AUD 20.
The document will be attested by the authorities and you will be able to move on to the next phase.
Registration of power of attorney in Pakistan
- The original power of attorney would have to be given to the agent (you).
- You will need to have it attested with the Ministry of Foreign Affairs. Take along your CNIC and its copies.
- Now, you can get it registered with the registrar in District Courts and get an attested copy.
Submit to the relevant authorities. Whatever dealings your brother will execute on your behalf, you will need to submit the documents with the relevant authorities. It should be noted that you have six months after attestation from consulate/embassy in which you have to complete the process of registration because the attestation of power of attorney remains valid only for this time period. It is also recommended that you grant it only to the most trusted people.
Avoid fraud when selecting the power of attorney
Are you scared of a possible fraud when selecting power of attorney? Here is how you can avoid any possible scam:
- Name two people who can act jointly as your power of attorney
- Do not share any bank account details or discuss other assets with your attorney
- Keep valuable assets like legal documents, which the attorney does not have permission to deal with, in a safe place
- Talk to your attorney and keep all communication channels open
Real estate-related paperwork can seem daunting as it involves a lot of legal jargon. But don’t worry. We’ve got you covered. In case you’re looking for information on how to sell property in Pakistan, you can check out step-by-step guide for the entire procedure. Also, don’t forget to read our analysis of the impact of budget on the real estate market.
If you are looking to buy property in Pakistan, then take a look at some popular areas in these major cities of Pakistan – Karachi, Lahore, Islamabad, Peshawar, Gwadar and Multan.
For more updates stay tuned to the best property blog in Pakistan.
Comments are closed.
if no limit is mentioned what is the maximum period of authorization
It depends on the kind of Power of Attorney but generally the Power of Attorney remains effective, until the job is done, the Power of attorney is cancelled, or the principal (or agent) dies.
what is total registery cost involved if an overseas pakistani buy property in pakistan. he is non filer of income tax because he is not earning in pakistan.
Let me confirm and I will get back to you about it. We will also publish a blog on the topic, so keep following.
Any update on cost of power of attorney process.
I have submitted my power of attorney on 06-02-2018 how can I know whether it is ready or not. is there any site for that?
Where did you submit your power of attorney? If you mean with the registrar for registration, then it must be registered by now but you will have to visit registrar’s office to confirm.
Dear sir,
I have received power of attorney from UK to sell a house in Sheikhupura, Punjab. I have also attested it with the Ministry of Foreign Affairs in Lahore. What is the next step? How can I make it effective for a long time such as 3 to 4 years if house is not sold urgently.
Plz answer.
You will have to get it registered with the registered in the district courts. After that it will be effective until you can sell the house, no matter how long it takes. Though the person who gave you the POA revokes it.
A POA is to be attested Pakistan Consulate that is executed by two residents of USA for managing and sale of a property in Pakistan.My question is whether the POA need to be printed on a Stamp paper,? if yes how they will get a Pakistan stamp paper in USA.In case it is executed on a normal paper,can it be stamped later in Pakistan before registering it in Board of Revenue.
Thank you
It has to be on stamp paper. You will have to contact the relevant embassy for the purpose.
Can a POA be prepared here in Pakistan by an OP, if or when he is here.
Yes, of course.
respected sir,
i am in Saudi Arabia i want mack one attorney letter for a sale of property in Pakistan. but i no have CNIC. can possible without CNIC Pakistani consult issue me this letter. thanks.
I am not sure they will be able to do that, though you will have to contact the consulate to confirm. They might be able to help you in any case.
Very useful information. Thank you Muhammad Farhad
Glad to be of help!
I live in U.K. and I have given power of attorney of my property to my friend in Pakistan and would like revoke it and give it to my mother. Kindly advise step by step process, I would really appreciate you help into this matter.
To cancel a power of attorney, you will have to make an application to registrar with whom you registered the power of attorney.
my sister resides in UAE. she has given me POA for sale of plot in lahore. i have received the POA attested by Pakistani Embassy in UAE. kindly share next steps required for registration of POA.
You will need to have it attested with the Ministry of Foreign Affairs. Take along your CNIC and its copies. Then you will have to get it registered with registrar in District Courts and get an attested copy.
Do you have any format of power of attorney?
The power of attorney shall be on stamp paper or plain paper is enough?
Power of attorney has to be on stamp paper.
I am in Australia. Do i need to get the power of attorney prepared on a stamp paper issued in Pakistan & then get it here for attestation from Counsualte? or i just need to print the required wording for power of attorney on a simple paper & start getting it attested here in Australia?
I think the consulate will be able to help you in the matter.
Assalamoalaikum.
i am in saudi arabia and i have sold a property in pakistan. how can i get power of attorney here in saudi arabia. what documents i will need to take with me to the saudi concelate for power of attorney to issue. please need your help
Thanks
ismail khan
Same document as required in Australian example mentioned above:
a. Original Power of Attorney and a few copies.
b. Application form for attestation of Power of Attorney.
c. Original passport along with its copy.
d. Original Computerised National Identity Card (CNIC) or National Identity Card for Overseas Pakistanis (NICOP) along with its copy.
e. Two recent passport size photographs affixed on Power of Attorney next to the place of signature.
f. In case the document of power of attorney extends to more than one page, each page will have to be signed.
g. CNIC of the witnesses.
we are 4 sisters and brother live in US, we all have US passports but 2 have NICOP and 2 have none. We have a property in Pakistan and need to do a POA for its sale. we all live different places in US. what is the best way to get this POA without all going to Pakistan Embassy, or it is a must.
Personal visit is mandatory for the attestation of POA.
Salaams Farhad,
My uncle has given me a Power of Attorney which has been attested by the Pakistani Consulate in UK.
I am wanting to go to pakistan and put the land in my name, what is the procedure to do this when i get to pakistan? and what are the fees etc ? and where do i need to go ?
The land is in Rawalpindi.
If you could shed some light on this issue would be most grateful.
Jazakhallah Khair