Aoa dears,
I've been outside Pakistan while own real estate in Pakistan (KPK). For construction purposes, I gave special power of attorney to my uncle to take possession of my plot and obtain building approval. Since we have been through that, I was wondering how do I revoke that POA? Do I just discard the original document?
Wa alaikumussalam,
Brother, the principal can cancel the power of attorney at any time. However, it is cancelled automatically in case of the death of the principal or otherwise the attorney.
And yes power of attorney is also cancelled when the job for which it was given is completed.
If you want to cancel the power of attorney, you need to contact the concerned registrar who registered the POA.
I hope this would be of help.
May ALLAH bless us all in this world and hereafter. Aameen.
regards,
Zain Nadeem
Shahzad Siddique Alvi
(Advocate High Court)
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I am in thiland, I want to give power of atorney tp.my cousion to sell my property in Pakistan. My cousion is asking to sign the power pf atorney and get sign from paksitan high commission in thailand, which feel strange to me, and some one told me that high commission do not inlove in this..can any body advsie me how to make power of atorney. Is it need notery signatures.
Thanks
SADAF.
Under the normal circumstances for the purposes of legal process or to perform the legal duties or to transact in any other manner, person himself and if he is not in a position to do so may authorize anybody to act on his behalf. In first instance the person who gives right to the other to perform duty on his behalf is called “Principal” and the person to whom the authority is given is called “Attorney”. The Principal may authorize the Attorney not to pursue his cases only but also to compromise or settle the matters on his behalf. In these circumstances all the acts performed by the Attorney will be deemed to be performed by the Principal who will be responsible for the acts done by the Attorney as he has done them himself.
There are two kinds of Power of Attorneys: General Power of Attorney and Special Power of Attorney.
General Power of Attorney means that Attorney may perform more than one job on behalf of the Principal and all his acts will be binding on the Principal as done by him and under his authority.
Special Power of Attorney is for only a specific purpose which is explained in that deed of Special Power of Attorney.
It is relevant to mention here that power of attorney either General or Special given by the Principal to the Attorney must be in writing and it cannot be given orally. If Power of Attorney is for any immovable property, sale or for mortgage then it should be registered under section 17 of the Registration Act, 1908.
Power of Attorney should be attested: All the documents written as a Power of Attorney should be authenticated by a Notary Public, any Court, Judge, Magistrate, Pakistan Consul or Vice-Consul, or representative appointed by the Federal Government, and then it will be presumed correct.
Necessary requirements of Power of Attorney: Every Pakistani citizen who is a major, adult and according to law is competent to enter into a contract whether resides in Pakistan or outside Pakistan may authorize any other person through power of attorney to act on his behalf. If power of attorney is executed outside the country then Pakistani Embassy or consulate’s authorized officer will verify it and if the power of attorney relates to transfer of property then it should be registered in Pakistan with the concerned registrar.
Power of Attorney in Civil Cases: Civil cases can be pursued through power of attorney i.e. To appear in the court, to move application and to proceed in the matter. In civil cases the Attorney can do each and every act on behalf of the Principal. Service of summons/notices of the court on the Attorney will be presumed to be service on the Principal. For all these matters no court will allow the Attorney to act on behalf of the Principal unless Power of Attorney is there.
Civil and Criminal liabilities of Principal and Attorney: Civil liability of Principal; if in performance of acts according to the power of attorney the third party suffers a loss then the Principal will be responsible subject to authorizing for the same act in the power of attorney. Civil liability of Attorney; in case of any action for which he is not authorized he will be responsible for the losses occurred to the third party on the basis of such act.
Criminal liability of Principal and Attorney: Criminal liability of Principal; under normal circumstances the Principal will not be responsible for the criminal acts of the Attorney. Criminal responsibility of the Attorney; if Attorney is found guilty of breach of trust then he can be preceded under section 406 and 409 of Pakistan Penal Code and be punished.
Cancellation of Power of Attorney: The Principal can cancel the Power of Attorney whether General or Special at any time or in case of death of Attorney or the Principal, it will be cancelled automatically. In the first instance, concerned Registrar where Power of Attorney is registered will cancel it and it will also be published in a newspaper. Power of Attorney will also be cancelled if the job/assignment for which it was given is completed.
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The plaintiff filed suit through attorney (special power of attorney),and the said attorney signed wakalatnama and thus filed,if the said attorney is going to cancel his attorney,then what will be the status of the suit,wether this suit is maintainable or not? plz reply me wd court refrences
AOA
We are residing in UK our parents passed away recently and have left land and commercial properties in Pakistan but we are 2 brother 1 sister like to sell some of land that we have inherited so my question is, are there any taxes for selling inherited land in Rawalpindi and if we give POA to our Uncle or on my name from my brother and sister would it be better to have POA on my name or our Uncle's name, would it make any deference in cost wise or not, are there any taxes to pay for registering POA at Local Registry Office?
Would appreciate you kind reply in this regard, Many Thanks
Power of Attorney (POA) is quite a powerful document and it is critical to know how to revoke the power transferred to an agent, that is, how to terminate the Power of Attorney.
Generally, most of the POA should have a duration clause. So if you are currently in the process of writing a POA, you may want to include a duration clause.
Additionally, in majority of the cases POAs are drafted for a specific transaction which the Principal or the Grantor of the power of attorney cannot conduct himself. After that task is done, the power of attorney ends by itself.
Other cases that lead to a termination/cancellation of the Power of Attorney document include-
• Death of the Principal/Grantor, unless the power of attorney is a durable one
• Issuance of a Revocation of Power of Attorney document by the principal
• The task for which the POA was created has been performed. These include property sale, financial transactions etc
What are some of top reasons behind termination/cancellation of Power of Attorney?
Obviously the reasons could be vary significantly. However, some of the general reasons can be following-
• The power of attorney is no longer needed. I mean, if the POA was issued to carry out specific transactions, once the transactions have been done, it should be terminated.
• The principal, the person who granted the POA, has lost trust in the attorney or the agent. The reason could be anything, it is the choice of the grantor to cancel it. In fact it is generally recommended that it should be cancelled.
• If the principal feels that he now has access to a better individual/entity to act on his behalf, they can always cancel the POA issued to the previous agent and issue a new power of attorney to the new person.
• The same applies if the agent/attorney you have asked to perform the task is no longer able to perform the task.
Cancelling the Power Of Attorney
As previously mentioned, a power of attorney is immediately cancelled on the death of either the principal or the agent/attorney unless it is a durable power of attorney. In case of Durable Power of Attorney, the attorney/agent will continue to retain his powers even in case of the death of the principal.
If you want to do things by the book, the best option you have is to create another legal document on Revocation of Power of Attorney. It should clear state that the powers that you had previously granted to the attorney/agent now stands cancelled. This should then be submitted to the registrar where you registered the original power of attorney.
Why should it be a written revocation of POA?
Power of Attorney is an extremely powerful document and so it has equally immense potential to be misused. So you want to be sure you have done everything possible to ensure it is as per your wishes and that no one can misuse it. An attorney or an agent can act maliciously to take actions that are not in your best interests. They can even take over your properties or exploit the powers in other ways.
When can Power of Attorney be revoked?
A power of attorney can be revoked or terminated any time the principal or the agent wants. I mean if the agent does not or cannot perform the task or if the principal no longer wants the task performed or no longer trusts the agent to perform the task, it should be revoked immediately anyway – and it can be.
How to ensure revocation is legally binding?
To ensure that the revocation is legally binding and valid, you should ensure the following thing:
• Create the document revoking the power of attorney.
• Send it to registrar with whom you registered it.
• Send it to the agent/attorney.
• You might also want to send it to your bank and/or other people or institutions where it may be relevant.
• Save a copy for yourself too.
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Deed Type revocation cancellation of general power of sub attorney
please describe in detail