Power of Attorney Property Registration in Pakistan

Power of Attorney

A Power of Attorney is a legal document  that is used by people to confer authority on somebody else to legally act on their behalf.

Power of Attoney (PoA) is an authority given by a formal instrument wherein one person called the Principal who authorizes the second person who is called Attorney to act on his behalf.  PoA allows attorney to act as the legal agent of principal and perform certain tasks on behalf of the principal. The attorney acquires all or limited authority to make legal decisions about the person’s property, finances or medical care. Generally, a family member, spouse or friend is appointed as an Attorney through a Power of Attorney (POA) to make decisions in case of non-availability, disability or illness.

پاور آف اٹارنی ایک قانونی دستاویز ہے جسے لوگوں کے ذریعہ کسی اور کو اختیار دینے کے لئے ان کی طرف سے قانونی طور پر کام کرنے کے لئے استعمال کیا جاتا ہے۔
اگر جائیداد کا مالک اپنی جائیداد بیچنا یا منتقل کرنا چاہتا ہے اور وہ جسمانی طور پر دستیاب نہیں ہے تو وہ کسی بھی شخص (اٹارنی) کو پاور آف اٹارنی دے سکتا ہے اور وہ شخص مالک کی جانب سے اس پراپرٹی کو فروخت یا منتقل کرسکتا ہے

In general, there are two types of Power of Attorney i.e General Power of Attorney and Special Power of Attorney.

1) General 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.

2) Special Power of Attorney

Special Power of Attorney is for only a specific purpose which is explained in that deed of Special Power of Attorney.

Registration Of Power Of Attorney

According to the Pakistani Laws under section 17 of the Registration Act, 1908. If the purpose of Power of Attorney is for any immovable property’s sale or mortgage then it should be registered with the office of Sub-Registrar which has the jurisdiction over the area where the principal resides.

All the documents written as a Power of Attorney should be verified 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.

Eligibility and requirements of Power of Attorney

Any 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 is eligible to 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 submitted via Embassy or Consulates are verified by Ministry of Foreign Affairs Pakistan.