Power of attorney is a legal authorization that gives a designated person a written sanction and endorsement to stand in for or act on another’s behalf in different events, businesses or legal matters having fiduciary relationship with the principal, being responsible to manage the affairs in terms of powers vested in the indenture and execute all necessary legal or other business related and/or personal documents in line with this authority.
Principal may allow an agent to handle a variety of activities including the execution of contracts, dealing with property affairs, overseeing and governing financial affairs and managing and supervising diverse or multiple accomplishments. Principal may revoke or cancel the power of attorney at any time unless it is with consideration.
This is the most common question which every Overseas Pakistani asks us: how to register a power of attorney from residing abroad and what procedure to follow.
NADRA has introduced an online Power of Attorney registration for Overseas Pakistanis, but this service is only available in the United Kingdom and United States so far. Before going to the step-by-step procedure, we warn our Overseas Pakistanis to consult with your lawyer as it may involve a higher risk because you are going to delegate your rights to your representative.
Step 1: This step is with regard to the registration of power of attorney by executant (a person giving power of attorney). However, it involves two options and depends on the convenience of our Overseas Pakistani.
Step 2: When your representative receives a power of attorney, he will seek attestation from the Foreign Office in Pakistan. And in case of General Power of Attorney with respect to the immoveable property, registration of power of attorney requires further attestation from the concerned Registrar as explained below.
We care about the privacy of our clients, and we understand the importance of client’s data and we make sure it remains confidential. We also understand how records of our clients are very valuable to them and this is why we have a complete security protocol to follow that helps secure these valuable documents and records to the complete satisfaction of our clients. In our years of running this law firm, we have a reputation of never having misplaced or damaged any document or record of our clients which in turn helps our clients to entrust us with their valuable documentation.
If you want to register a General Power of Attorney, please scroll down and click on the tab you will find complete information.
Listen Overseas Pakistani, you need to check all the listed requirements when you go to the Consulate Office.
Note: The executant will have to show original CNIC/NICOP & will sign and impose thumb impression on the document in presence of Consulate General’s officer/official at the time of submission of Power of attorney for attestation.
If you have any confusion, contact us!
According to Section 32 of the Registration Act 1908 (“Registration Act”), every document, whether registrable either compulsorily or optional, shall be presented by some person executing or claiming under the same, or claiming under the decree or order of the Court or by the representative or assign of such person, or by the agent of such person, representative or assign duly authorized by power of attorney executed and authenticated, whereas section 33 is correlated to the power of attorney recognizable for the purposes of section 32, which provides, inter alia, that if the principal at the time of executing power of attorney resides in any part of Pakistan in which this Act is for the time being in force, a power of attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides shall be recognized.
Under subsection (4) of section 33 of the Registration Act, it is clearly provided that any power of attorney mentioned in this Section may be proved by the production of it without further proof when it purports on the face of it to have been executed and authenticated by the person or Court.
Article 95 of the Qanun-e-Shahadat Order 1984 (Section 85 of Evidence Act) which relates to the presumption as to power of attorney whereby the Court has to presume that every document purporting to be a power of attorney and purported to have been executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Pakistan Council or Voice-Council or representative of Federal Government was so executed and authenticated.
The documentary evidence, particularly for a registered document, enfolds a presumption of truth and genuineness and such presumption of truth is attached to the registered power of attorney which is admissible unless its genuineness is suspected and proved to be counterfeited or deceptive; its admissibility cannot be doubted to impede the agent from acting on behalf of principal unless the indenture of power of attorney is controverted and repudiated with satisfactory evidence.
All the more so, the provisions contained under Article 79 of the Qanun-e-Shahadat Order 1984 interpret and deduce that it is not necessary to call attesting witnesses in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Registration Act unless the person by whom it is purported to have been executed specifically denies its execution which is missing in this case where execution of power of attorney is admitted.
For complete process information, please contact us!