Power of Attorney in PakistanDrafting, Attestation & Registration

A power of attorney is a written authority in which the principal appoints another person to perform acts on the principal's behalf. The acts the attorney may perform are limited to those the document actually grants, so the wording of the instrument defines the boundary of the attorney's authority.

Pakistani law recognises powers of attorney for a wide range of purposes. Under the Registration Act, 1908, an instrument executed in the prescribed manner can be accepted for the registration of documents by the attorney. Where the principal resides outside Pakistan, the law also recognises instruments executed and authenticated through recognised authorities, subject to the applicable requirements.

Pakistani practice distinguishes between a general power of attorney, which may grant broad authority over the principal's affairs, and a special power of attorney, which is limited to a defined act or transaction. Choosing between them is an important drafting decision.

For property transactions, a special power of attorney can provide greater clarity by identifying the specific property and the specific acts authorised. The receiving registrar, bank or other institution may also have its own requirements, which should be checked before execution.

Powers of attorney are useful wherever a principal cannot or does not wish to personally perform a particular legal, administrative or transactional act.

Where the principal is in Pakistan, the process generally begins with identifying the purpose of the authority and preparing the instrument accordingly. The document is then signed and attested in the manner applicable to the intended use.

1. 1Decide whether a general or special authority is appropriate and identify the exact acts the attorney will perform.
2. 2Prepare the instrument with precise language, correct property particulars and matching identity details.
3. 3Execute the instrument before the appropriate attesting authority, with the witnesses and identification documents required for the purpose.
4. 4Complete registration where the transaction or receiving authority requires it.
5. 5Provide the attorney with the document required for the transaction and retain appropriate copies for the principal's records.

For overseas Pakistanis, the execution process may involve a Pakistani embassy or consulate in the country of residence, depending on the applicable procedure. The instrument must then satisfy the authentication or attestation requirements necessary for its intended use in Pakistan.

Some missions may require appointments, specific formats, witnesses, photographs or additional identity verification. Requirements should therefore be checked with the relevant authority before the principal attends for execution.

Pakistan has introduced online facilities through which eligible overseas Pakistanis may apply for a power of attorney digitally, subject to the applicable eligibility, identity verification and procedural requirements.

The digital route can be particularly useful for principals who live far from a Pakistani mission or who want to avoid an unnecessary physical visit. However, the applicable process and eligibility requirements should be confirmed before submission.

Having the draft reviewed before submission can help ensure that the scope, particulars and supporting documents are consistent with the transaction the attorney is expected to perform.

Requirements depend on where the principal is located, the purpose of the instrument and the requirements of the receiving authority. Commonly requested documents may include:

• Draft power of attorney containing the full names, identification details and addresses of the principal and attorney.
• Copy of the principal's CNIC, NICOP or passport and the attorney's CNIC.
• Property documents or title particulars where the authority relates to property.
• Passport-size photographs where required by the relevant authority.
• Witness information and identification documents where required.
• Case documents and relevant court details where the authority concerns litigation.

Attestation is intended to establish the identity of the principal and the authenticity of the execution. For that reason, authorities may focus on identification documents, witnesses and the principal's physical or verified digital participation.

Particular care should be taken where the principal's name or other details differ between a passport, CNIC, NICOP, title document or other record. Resolving discrepancies before execution can reduce the risk of rejection or further documentation.

Authentication and registration serve different purposes. Authentication generally concerns establishing that the instrument was properly executed or verified. Registration concerns recording the instrument with the relevant authority where registration is required or appropriate for its intended use.

Whether a particular power of attorney requires registration depends on its purpose and the requirements of the authority expected to rely on it. Property-related transactions often require greater scrutiny than limited administrative matters.

Property is an area where poorly drafted powers of attorney can create significant practical and legal problems. Property instruments should therefore identify the property and the authority granted as precisely as possible.

• Identify the property precisely using the particulars appearing in the relevant title or revenue record.
• Clearly state the specific acts authorised, such as executing a sale deed, completing a transfer or dealing with a defined registration.
• Avoid unnecessary open-ended authority over unspecified property.
• State whether the attorney may delegate or sub-delegate authority and address this expressly where appropriate.
• Define financial authority carefully and specify the manner in which transaction proceeds may be handled where relevant.
• Retain copies and records of the executed instrument and underlying property documents.

A power of attorney does not itself cure defects in the underlying title. Overseas owners should therefore keep their property records, title documents and relevant tax or revenue records properly maintained.

A power of attorney may be revoked in accordance with its terms and applicable law. The appropriate revocation process depends on the nature of the instrument and whether any acts have already been completed under the authority.

If the transaction for which the authority was granted has been completed, reviewing whether the instrument should remain in effect is sensible. The consequences of revocation should be assessed against the specific instrument and transaction.