How to Execute a Power of Attorney in Pakistan
A Power of Attorney (PoA) is a vital legal instrument in Pakistan that allows one person (the Principal) to authorize another person (the Attorney) to act on their behalf in legal, financial, or property-related matters. Whether you are residing abroad, managing property, or handling litigation, executing a valid Power of Attorney ensures your affairs are conducted lawfully and efficiently.
This article explains the legal process of executing a Power of Attorney in Pakistan, its types, requirements, and practical considerations, with expert insight from MAJ Legal, a firm recognized by many as the best law firm in Karachi for property and civil documentation matters.
What is a Power of Attorney?
Under Pakistani law, a Power of Attorney is governed primarily by the Power of Attorney Act, 1882, along with relevant provisions of the Registration Act, 1908. Through this document, the Principal authorizes the Attorney to perform specific or general acts, such as:
- Buying or selling property
- Managing bank accounts
- Representing the Principal before courts or authorities
- Handling succession, mutation, or revenue matters
The authority granted depends entirely on the wording of the document.
Types of Power of Attorney in Pakistan
1. General Power of Attorney (GPA)
A General Power of Attorney authorizes the Attorney to perform a broad range of acts on behalf of the Principal. It is commonly used for managing property, business affairs, or litigation.
2. Special Power of Attorney (SPA)
A Special Power of Attorney is limited to a specific act or transaction, such as selling a particular property or appearing in a specific court case.
Choosing the correct type is crucial, and consultation with an experienced lawyer in Karachi is strongly recommended to avoid future disputes.
Legal Requirements for Executing a Power of Attorney in Pakistan
To ensure validity, the following legal requirements must be fulfilled:
- Drafting of the PoA
The document must clearly state the names, CNIC/passport details, addresses of both parties, and the exact powers being granted. - Stamp Paper
The Power of Attorney must be executed on appropriate stamp paper as per the applicable stamp laws of the province. - Signatures and Witnesses
The Principal must sign or affix thumb impressions in the presence of at least two witnesses. - Attestation
- If executed in Pakistan: Attestation is done before a Notary Public or Oath Commissioner.
- If executed abroad: The PoA must be attested by the Pakistani Embassy or Consulate and later verified by the Ministry of Foreign Affairs (MOFA) in Pakistan.
- Registration (Mandatory in Certain Cases)
If the Power of Attorney relates to immovable property, it must be registered with the relevant Sub-Registrar under the Registration Act, 1908.
Procedure for Overseas Pakistanis
For overseas Pakistanis, executing a Power of Attorney involves additional steps:
- Draft the PoA in Pakistan or abroad
- Attest it from the Pakistani Embassy or Consulate
- Courier the original document to Pakistan
- Get it verified from MOFA
- Register it with the Sub-Registrar, if required
Given the technical nature of this process, engaging the best lawyer in Karachi ensures compliance and prevents rejection by authorities.
Common Mistakes to Avoid
- Using vague or overly broad language
- Failing to register a PoA relating to immovable property
- Improper attestation or missing witnesses
- Granting unrestricted powers without legal advice
Such errors can render the Power of Attorney ineffective or expose the Principal to legal risk.
How MAJ Legal Can Assist You
MAJ Legal provides comprehensive legal services for drafting, attestation, registration, and execution of Powers of Attorney across Pakistan. Our team includes some of the most experienced lawyers in Karachi, with extensive expertise in property law, civil documentation, and overseas client matters.
Clients trust MAJ Legal as the best law firm in Karachi for:
- Precise and legally sound drafting
- End-to-end handling for overseas Pakistanis
- Property-related PoA and registration
- Dispute prevention and legal compliance
Conclusion
Executing a Power of Attorney in Pakistan is a legally sensitive process that requires strict adherence to statutory requirements. Whether you are based in Pakistan or abroad, professional legal guidance is essential to safeguard your rights and interests.
For reliable assistance, consult MAJ Legal, where you will find the best lawyer in Karachi and a dedicated team committed to delivering clear, lawful, and effective legal solutions.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.
