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Legal Documentation discussions and advice. Participate in ongoing dicussions and get invaluable Legal Documentation advice from people who are experts in their industries or start a new Legal Documentation discussion.
Asad
( 6 posts )

[6 Replies]
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?

    2035 days ago In Legal Documentation
    Post Answer
    Real Estate ..
    (1046 posts)
    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
      2035 days ago 

      Alvi
      (3 posts)
      Shahzad Siddique Alvi

      (Advocate High Court)

      we believe Straight forward legal advice, believe in long-term relationships, not quick fixes.we talk your language,and will deliver your point of view.

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        1991 days ago 

        Sadaf
        (1 post)
        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.
          1829 days ago 

          Shabab Hassa..
          (1 post)
          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.
            1786 days ago 

            Shams ul Azh..
            (1 post)
            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
              1049 days ago 

              Malik300
              (5 posts)
              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
                945 days ago 

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