A Special Power of Attorney (POA) is an important legal document through which one person authorizes another person to perform specific acts or deal with specific matters on their behalf.
For overseas Pakistanis, a Special Power of Attorney can be particularly useful when they need someone in Pakistan to handle property matters, court cases, documentation, government departments, or other specified legal affairs while they are living abroad.
A properly prepared Power of Attorney can save an overseas Pakistani from repeatedly travelling to Pakistan. However, the document should be carefully drafted because the authority granted to the attorney should correspond with the purpose for which the Power of Attorney is being executed.
This guide explains the general procedure, requirements, attestation and digital options for a Special Power of Attorney in Pakistan.
Important: The exact requirements can vary depending on the country where the document is executed, the purpose of the Power of Attorney and the authority where it will ultimately be used. The applicable Pakistani mission and relevant authority should therefore be checked before execution.
What is a Special Power of Attorney?
A Special Power of Attorney is a legal authorization under which a person, known as the principal or executant, authorizes another person, known as the attorney, to perform specified acts on their behalf.
Unlike a broad general authorization, a Special Power of Attorney is normally prepared for particular purposes or specified transactions.
For example, an overseas Pakistani may authorize a person in Pakistan to:
- deal with a particular property;
- execute or receive specified documents;
- pursue a particular court matter;
- appear before a specified authority where legally permissible;
- complete a particular transaction;
- collect specified documents;
- deal with a particular government department; or
- perform other clearly described acts.
The powers should be drafted carefully and should not be broader than necessary.
Why do Overseas Pakistanis Need a Special Power of Attorney?
An overseas Pakistani may own property, have a pending court case, maintain family assets or have other legal matters in Pakistan.
Travelling to Pakistan for every transaction can be difficult and expensive.
A properly executed Power of Attorney may allow a trusted person in Pakistan to deal with specified matters on the overseas Pakistani's behalf.
Common examples include:
Property matters
An overseas Pakistani may require someone to deal with a property transaction or other property-related matter in Pakistan.
Court cases
A person living abroad may need to authorize someone to assist with specified litigation-related matters, subject to the requirements of the relevant court and applicable law.
Government departments
A Power of Attorney may also be used for specified dealings with government or other authorities where such authorization is legally acceptable.
Documentation
An attorney may be authorized to obtain or submit specified documents on behalf of the principal.
How Can an Overseas Pakistani Make a Power of Attorney?
There are currently manual and digital avenues for Overseas Pakistanis, depending upon the circumstances and the applicable Pakistani Mission.
The Ministry of Foreign Affairs states that the Digital Power of Attorney system was developed by NADRA in collaboration with MoFA, allowing eligible Overseas Pakistanis to apply online without physically visiting the Pakistani Mission in circumstances where the digital facility is available.
The official portal is:
NADRA Digital Power of Attorney Portal
Digital Power of Attorney for Overseas Pakistanis
The digital system is particularly useful for eligible Overseas Pakistanis who want to grant a Power of Attorney to a person residing in Pakistan.
According to information published by Pakistani Missions, the general online process includes:
- Creating an account on the Digital Power of Attorney portal.
- Providing the required details.
- Uploading the required documents.
- Completing biometric requirements.
- Paying the applicable online fee.
- Completing the required verification/interview process.
- Providing final consent where required.
The Ministry of Foreign Affairs describes a process involving account creation, application submission, biometrics, fee payment, video interview and final consent.
The exact procedure and requirements should be checked on the official portal at the time of application because procedures and requirements can change.
Documents Generally Required for Digital Power of Attorney
Official Pakistani Mission guidance identifies a number of documents and details that may be required for an online Power of Attorney.
These can include:
- valid CNIC, NICOP or POC of the executor;
- identification documents of witnesses;
- identification documents of the attorney in Pakistan;
- valid email address;
- contact number;
- overseas mailing address;
- biometric information;
- scanned copy of the Power of Attorney;
- relevant supporting documents, where applicable; and
- payment method for the applicable online fee.
Some missions also specifically instruct applicants to ensure that the original Power of Attorney contains original signatures and thumb impressions, together with the required photograph and witness information, before scanning and uploading it.
Therefore, an applicant should carefully follow the current instructions of the relevant Pakistani Mission and the Digital POA portal.
Manual Attestation of Power of Attorney
The digital system does not mean that manual processing has universally disappeared.
The Ministry of Foreign Affairs states that manual and online systems can operate in parallel.
For manual execution, the requirements may include personal appearance of the executant, valid identification documents, photographs, the Power of Attorney document and identification documents of the attorney and witnesses.
However, requirements differ between Pakistani Missions and jurisdictions.
For example, official Mission instructions in different countries specify different document and appearance requirements.
Therefore, an overseas Pakistani should check the requirements of the particular Pakistani Embassy, High Commission or Consulate before visiting.
Power of Attorney for Property in Pakistan
Property-related Powers of Attorney require particular care.
If an overseas Pakistani wants to authorize someone to deal with property in Pakistan, the document should clearly identify the relevant authority and the powers being granted.
Depending on the transaction, the document may need to specify matters such as:
- identification of the property;
- authority to deal with the relevant department;
- authority to sign specified documents;
- authority concerning transfer or registration where legally permissible;
- authority to receive or submit documents; and
- other specific powers required for the particular transaction.
A poorly drafted POA may create problems when it is presented before a registration office, revenue authority, housing society, bank or other institution.
Therefore, property-related Powers of Attorney should ideally be drafted according to the actual transaction rather than using a generic template.
Power of Attorney for a Court Case in Pakistan
An overseas Pakistani may also need to authorize someone in Pakistan in connection with a legal matter.
However, a Power of Attorney should not automatically be treated as meaning that the attorney can perform every act that only a legally qualified advocate or the party personally may perform.
The nature of the case, the court, applicable procedural law and the particular authority granted in the document must be considered.
For this reason, a Power of Attorney intended for litigation should be prepared with reference to the actual proceedings.
What Does Pakistani Registration Law Say About Power of Attorney?
The Registration Act, 1908 contains provisions concerning Powers of Attorney that are recognizable for purposes of registration.
Section 33 addresses Powers of Attorney used for purposes connected with registration. Where the principal resides outside Pakistan, the provision recognizes, among other specified forms, a Power of Attorney executed before and authenticated by a Notary Public, court, judge, magistrate, Pakistan Consul/Vice-Consul or specified representative of the Federal Government.
This is one reason why it is important to distinguish between:
a Power of Attorney being validly executed, and
a Power of Attorney being acceptable for a particular transaction or registration purpose.
The applicable requirements should be checked according to the transaction for which the document will be used.
Common Mistakes in a Special Power of Attorney
Overseas Pakistanis should be careful about the following issues:
1. Using a generic template
A generic POA may not contain the powers actually required for the transaction.
2. Incorrect identification details
Names, CNIC/NICOP/POC numbers and other identification information should be checked carefully.
3. Unclear property description
Where property is involved, the relevant property should be identified accurately.
4. Giving unnecessarily broad powers
A Special Power of Attorney should normally be limited to the purpose for which it is required.
5. Ignoring the requirements of the receiving authority
A POA accepted by one authority may not automatically satisfy the requirements of another.
6. Using outdated attestation procedures
Overseas Pakistanis should check the current instructions of the relevant Pakistani Mission and the official Digital POA portal.
7. Failing to consider revocation
Where appropriate, the principal should understand how and when the authority may be revoked.
Frequently Asked Questions
Can an overseas Pakistani give Power of Attorney to a person in Pakistan?
Yes. The Government of Pakistan provides mechanisms through which eligible Overseas Pakistanis can grant Power of Attorney to persons residing in Pakistan, including the Digital Power of Attorney facility.
Can Power of Attorney be made online?
Eligible Overseas Pakistanis can use the Digital Power of Attorney system developed by NADRA in collaboration with the Ministry of Foreign Affairs. Availability and applicable requirements should be confirmed through the official portal and relevant Pakistani Mission.
Can a Power of Attorney be used for property in Pakistan?
It can be used for appropriate property-related purposes, subject to the terms of the document and the requirements of the relevant authority. Property-related POAs should be drafted specifically for the intended transaction.
Can Power of Attorney be used for a court case?
A POA may be relevant to legal matters, but the exact authority and the requirements of the relevant court and procedural law must be considered.
Is a general Power of Attorney the same as a Special Power of Attorney?
No. A Special Power of Attorney is generally focused on specified acts, matters or transactions, whereas a General Power of Attorney can confer broader authority.
How should a Special Power of Attorney be drafted?
It should clearly identify the principal, attorney, purpose and specific powers being granted. Where property, litigation or another significant legal transaction is involved, the document should be prepared according to the requirements of the particular matter.
Legal Assistance for Special Power of Attorney in Pakistan
A Power of Attorney can have significant legal consequences. The wording of the document should therefore correspond to the actual purpose for which authority is being granted.
If you are an Overseas Pakistani who needs a Special Power of Attorney for property, litigation, documentation or another legal matter in Pakistan, Hafiz Law Chamber can assist with the preparation and legal guidance concerning the document.
Hafiz Law Chamber
District Courts, Rawalpindi, Pakistan
Contact Hafiz Law Chamber for legal assistance regarding Special Power of Attorney and related legal matters.