Monday, June 23, 2025

Power of Attorney in Pakistan – Complete Guide for Property Matters (پاور آف اٹارنی)

 

Introduction

In today’s world, managing property is a responsibility that sometimes needs to be delegated to someone you trust — whether you're living abroad, facing health issues, or simply unavailable. This is where Power of Attorney (PoA) becomes a very useful legal tool. It gives legal authority to another person (called the “Attorney” or “Agent”) to act on your behalf in specific or general matters — including property sale, purchase, rental, construction, or legal representation.

In Pakistan, Power of Attorney (پاور آف اٹارنی) is widely used in real estate transactions, especially by overseas Pakistanis or people unable to attend legal procedures themselves.


What is Power of Attorney?

A Power of Attorney (PoA) is a legal document that authorizes someone else (your agent) to make decisions and perform actions on your behalf. The person giving the power is called the Principal (موکل) and the person receiving the power is called the Attorney or Agent (وکیل).


Types of Power of Attorney in Pakistan

There are generally two types of Power of Attorney documents used for property and legal purposes:

1. General Power of Attorney (GPA)

  • Used when broad powers are being given.

  • Covers multiple actions like selling property, managing bank accounts, attending court matters, etc.

  • Commonly used in real estate when someone wants to give another person complete control over their properties.

2. Special Power of Attorney (SPA)

  • Used for a specific task or purpose.

  • For example, you may authorize someone only to sell a specific plot or collect rent from a specific tenant.

  • The agent cannot act beyond what is written in the document.


When is Power of Attorney Needed?

Power of Attorney is useful in many situations, such as:

  • When the property owner is living abroad (Overseas Pakistani).

  • If the owner is physically disabled or elderly.

  • When the owner is busy, travelling, or unable to attend legal meetings.

  • In case of multiple property owners, one may be given the authority to represent others.


Uses of Power of Attorney in Real Estate

Here are the main ways PoA is used in real estate:

  • Selling or buying property on behalf of the owner.

  • Signing sale deed (سیل ڈیڈ) or gift deed (گفٹ ڈیڈ).

  • Collecting rent or managing tenant agreements.

  • Representing the owner in court or before government departments like KDA, SBCA, LDA, etc.

  • Managing property taxes, utilities, and construction approvals.


How to Make a Power of Attorney in Pakistan

The process involves the following steps:

✅ 1. Draft the Document

  • Clearly mention the name, CNIC, and address of the Principal and the Agent.

  • Write in detail the powers being granted (e.g., authority to sell a plot, sign documents, etc.).

  • Mention the property details (plot number, location, etc.).

  • Write the purpose and the duration of the power.

✅ 2. Stamp Paper

  • Print the document on Rs. 100 or Rs. 500 non-judicial stamp paper, depending on your province.

✅ 3. Attestation

  • If signed in Pakistan, the document needs to be:

    • Attested by a Notary Public.

    • Then submitted to Registrar or Sub-Registrar Office for official recording.

  • If signed outside Pakistan (e.g., UAE, UK, USA):

    • It should be attested by the Pakistan Embassy or Consulate.

    • Then sent to Pakistan, where it must be attested by the Ministry of Foreign Affairs (MOFA).

    • Finally, registered in the relevant local Registrar office.


Important Legal Requirements

  • CNIC/NICOP copies of both the Principal and the Agent.

  • Photographs of both parties.

  • Biometric verification at the registrar’s office (in most cities).

  • Property documents like title deed, lease papers, etc.

  • If the property is jointly owned, all owners must agree in writing.


Is Power of Attorney Revocable?

Yes. A Revocation of Power of Attorney can be submitted if the Principal wants to cancel the authority given. It must be:

  • Written on stamp paper.

  • Attested and submitted to the same registrar where the original PoA was registered.

  • Also notified to the Attorney and any third parties (buyers, authorities, etc.) involved.


Risks and Precautions

While PoA is a powerful tool, it can also be misused if given to someone dishonest. Therefore:

  • Always give PoA to a trusted person, preferably a close family member.

  • Use a Special Power of Attorney to limit the agent’s power.

  • Mention time limits and scope of power clearly.

  • Get it legally reviewed by a law professional or documentation expert.


Power of Attorney for Overseas Pakistanis

For expats, the process is slightly different:

  1. Prepare the PoA document and sign it at the Pakistani Embassy in the country of residence.

  2. The embassy will attest the document.

  3. Send the original document to Pakistan.

  4. Get it attested by the Ministry of Foreign Affairs (MOFA).

  5. Then register it at the local Registrar Office in Pakistan.

This document then becomes legally valid for property matters.


Where to Get Help?

If you are unsure how to prepare or register a Power of Attorney, it is best to contact professionals like:

  • Legal consultants

  • Real estate documentation services

  • Lawyers specializing in property law

For example:

📞 M.A Law Documentation
Experts in property documentation such as PoA, Sale Deeds, Gift Deeds, and more.
Contact:

  • Haji Gul – 0302-8118161

  • Mujahid Gul Advocate – 0340-0834767


Conclusion

Power of Attorney is an extremely useful legal document that allows you to maintain control of your property affairs even when you are not physically present. Whether you are selling, renting, or managing property, PoA provides the legal mechanism to appoint someone to act on your behalf.

However, it should be created carefully, with proper legal advice and full understanding of its implications. Always use a clear, specific, and properly registered document to avoid legal disputes later.