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.
For more updates stay tuned to the best property blog in Pakistan.