A power of attorney sometimes called a mukhtar name, is a written instrument or deed that allows one person to permit another person to act and deal with all or a portion of that person’s problems on their behalf. Graana’s blog brings you a guide on power of attorney in Pakistan and how you can get one for yourself.
What is Power of Attorney?
The phrase “power of attorney” (POA) refers to legal permission that confers the authority to act on behalf of another individual on a specific individual who has been selected. As a result, a POA grants the ability to act on behalf of the principal upon the agent or attorney-in-fact named in the document.
When it comes to the principal’s property, money, investments, or medical care, the principal can delegate as much or as little decision-making authority as they see fit to their agent.
How Does Power of Attorney in Pakistan Work?
The agent, sometimes known as the attorney, and the principal are both parties to a power of attorney, which is a legal document. In the case that a principal suffers from a temporary or permanent sickness or handicap, or if they are unable to sign relevant papers, this is the procedure that is followed.
The principal is responsible for selecting a POA in whom they have complete faith to manage their affairs on their behalf. You can get documents by working with an attorney or obtaining them online. The papers need to be signed by both parties. In most cases, the presence of a third person is essential to act as a witness.
Most of the power of attorney papers grants the agent the authority to act on behalf of the principal in all property and financial concerns, provided that the principal is in a sound mental condition. If the primary loses their capacity to make choices independently, the agreement will be terminated immediately.
A power of attorney may come to an end for several different reasons, including when the principal revokes the agreement or passes away, when a court declares it invalid, when the agent is unable to carry out the responsibilities that were outlined, or when the agent is no longer able to carry out the responsibilities. If a married couple later decides to separate from one another, the authorization can be rendered null and void.
Power of Attorney in Pakistan
The “Power of Attorney Act 1882” is a piece of legislation that governs legal matters about authorized attorneys in Pakistan. We can create specialized Powers and see to it that they are registered in front of the appropriate registrar who is in charge of holding the record of rights.
Power of Attorney Law in Pakistan
Under typical conditions, for legal proceedings to carry out legal responsibilities or to conduct business in any other fashion, a person must be present to act on his behalf. However, if he cannot, he may delegate authority to another person to work on his behalf.
In the first case, the person known as the “Principal” is the one who authorizes another individual to carry out responsibilities on his or her behalf, and the one to whom power is delegated is known as an “Attorney.” The Principal could give the Attorney permission not only to prosecute his cases but also to make concessions or reach a settlement on his behalf while resolving the issues.
Under these conditions, each action carried out by the Attorney will be construed as having been carried out by the Principal, who will be held liable for the actions carried out by the Attorney as though he had carried them out himself.
Types of Power of Attorney in Pakistan
The General Power of Attorney and the Special Power of Attorney are the two categories of Power of Attorney that are available.
General power of attorney
With a general power of attorney, the attorney can take on more than one role on behalf of the principal, and the principal is legally obligated to accept all of the attorney’s actions as having been carried out by him and with his permission.
Special Power of Attorney
A Special Power of Attorney can only be used for one particular objective, which must be detailed in the document establishing the Special Power of Attorney.
It is important to note that any power of attorney, whether general or particular, transferred from the Principal to the Attorney must be documented in writing; the power of attorney cannot be communicated verbally. If the Power of Attorney is for the sale of any immovable property or to take out a mortgage, it must be registered under Section 17 of the Registration Act of 1908.
Things You Need to Know Before Getting Power of Attorney
You should take care of the following things before getting the power of attorney.
Attestation
Attestation of a power of attorney is required. All of the documents that are written in the form of a power of attorney should be authenticated by a Notary Public, any Court, Judge, Magistrate, Pakistan Consul or Vice-Consul, or a representative appointed by the Federal Government, and only then will it be presumed to be correct.
Essential Prerequisites for Power of Attorney
A Pakistani citizen who is of legal age, an adult, and who, by the law, is competent to enter into a contract, regardless of whether he or she resides in Pakistan or outside of Pakistan, can authorize another person to act on his behalf through the use of power of attorney.
If a power of attorney is executed outside of Pakistan, an authorized person from the Pakistani Embassy or consulate will validate it. If the power of attorney pertains to the property transfer, it must be registered in Pakistan with the appropriate registrar.
Power of Attorney in Civil Matters
A power of attorney can be used to pursue civil cases, which includes the ability to present in court, move an application, and continue with the process. In civil litigation, an attorney is authorized to take any actions on behalf of the client.
It will be considered that the principal has been served if the court summons or notices are served on the attorney instead of the principal. If the Power of Attorney is absent, the attorney will not be permitted to act on behalf of the principal in any of these situations by the court.
Liabilities of the Principal and Attorney in Civil and Criminal Matters
Civil responsibility of the Principal If a third party experiences a loss due to the execution of acts by a power of attorney, then the Principal will be responsible for compensating the third party, provided that a power of attorney authorizes the same conduct. Civil responsibility of the Attorney: if any action is taken for which he is not allowed, he will be accountable for the damages that a third party has incurred due to such actions.
Criminal liability
Criminal liability of the Principal Under normal circumstances, the Principal will not be held liable for the criminal activities of the Attorney. The illegal duty of the Attorney: if the Attorney is proven to be guilty of breaching trust, then he can be prosecuted and punished under sections 406 and 409 of the Pakistan Penal Code.
Cancellation of Power of Attorney
The Principal, regardless of whether the Power of Attorney is General or Special, can revoke it at any time. If the Attorney or the Principal dies, the Power of Attorney is immediately revoked.
The relevant Registrar will first cancel it at the location where the Power of Attorney was registered, and the information will also be published in a newspaper. If the task or assignment that the power of attorney was granted for is finished, the power of attorney will likewise be revoked.
Power of Attorney for Property-related Matters
It should be emphasized that the property that is being sold must be included in the Power of Attorney, as required by the 2016 amendment to CLC 1338. According to 2016 CLC P887, the representative is not allowed to transfer ownership of the property to any of his blood relatives or near relatives in any way (including selling, renting, or giving away the property).
PLJ 2016 Lhr 881 stated that the agent cannot sell the property on behalf of the Executant (the landlords in this scenario) if they do not have a Power of Attorney.
Steps to Apply Online for Power of Attorney
You can also apply online for the power of attorney through NADRA.
Step 1: create an account on the POA website
- To create an account, the applicant must have a working email address.
- Verify the correctness of the email address by using the One-Time Password (OTP) that was issued to you.
Step 2: Apply for the Online Power of Attorney (PoA)
- Put in your application for the Online PoA by providing the following information: Information Regarding the Applicant, Two Witnesses, and the Attorney (Picture, CNIC details, etc.)
- Scan and upload the original power of attorney, ensuring that the executor has duly signed it and that thumbprints have been included.
- The application will be denied if the copies are not signed, and the Consulate will not accept such copies.
- Please provide any further supporting documentation, including affidavits, if necessary (scanned copy).
- A scanned copy of the original power of attorney that includes the thumbprints and signatures of all witnesses and executants, as well as a photograph of the executant that has been attached to it.
Step 3: Biometrics
- You can save these fingerprint forms to your computer for biometric verification. You will need
One copy of the Application for Biometric Verification Form (s). - 2 copies of the Biometric Verification Form should be given to your Witnesses.
- The appropriate persons to whom each form is addressed are the only ones who can complete the forms.
- The applicant, as well as any witnesses, will need to place their fingerprints in the appropriate boxes.
Before signing the form, both the applicant and any witnesses are required to read all declarations.
Scan and then upload the finished form to the POA management system.
Step 4: fee payment
- You are going to be given the status of having your biometrics verified.
- After your application has been successfully verified, you will be asked to make the Online Fee payment against it, and the only acceptable forms of payment are credit or debit cards.
- After the money has been processed, those applications that have been successfully validated and paid for will be sent on to the Online Video Interview.
- If your biometric verification is unsuccessful, you will have four opportunities to re-upload the updated forms.
- If the biometrics cannot be validated after these four tries, you will be forced to visit the Pakistani Mission Abroad closest to you physically. In this particular scenario, the witnesses are required to physically accompany you when you make your way to the Pakistan Mission or Consulate.
Step 5: Video Interview
- After your information has been verified as accurate, you will be given the time, date, and link to the online video interview.
- To make a final determination on the case, the Consular Officer will schedule and carry out the online Video Interview with you, the Applicant.
- The applicant and any witnesses must be at the scheduled time and day for the online interview to respond to any questions or concerns raised by the officer in charge.
- The matter will be resolved by the appropriate Consular Official working for one of Pakistan’s Embassies or Consulates overseas.
Step 6: Final consent
- Following the Consular Officer’s successful acceptance of the application, the system will send an alert to the applicant(s) via email to collect their final consent about the application.
- After receiving this email, the applicant(s) must give their final approval within 15 days. Should you fail to meet these requirements, your application will be denied.
- After receiving your consent, the system will notify you to print the receipt details of your successful application. These details will include the case ID, details regarding the applicant(s), witness(es), and attorney(s), as well as information regarding the official approving case officer, and so on.
- Produce a hard copy of the receipt that was downloaded and hand it to the attorney-client together with the paperwork proving that you are authorized to act on their behalf.
- After the receipt and POA have been sent to the attorney in Pakistan, they are free to attend the Ministry of Foreign Affairs office.
Documents Required
- Executor (s) must be an overseas Pakistani with a valid identity document, including CNIC / NICOP / POC. Witnesses and attorneys also need to have these documents (both front and back sides)
- Email address that may be verified for the Executor(s), as well as their telephone number and mailing address in the nation where the application is being made (outside of Pakistan)
- Executor(s) and two witnesses each have their biometrics taken (4 fingers)
- Payment can be made through Credit Card or Debit Card for any Online Fees inside the Application.
- A scanned copy of the original power of attorney that includes the thumbprints and signatures of all witnesses and executants, as well as a photograph of the executant that has been attached to it.
- Any more papers that are pertinent (for example, Affidavit, if applicable, to be uploaded in the PoA system by the Applicant)
- Information Regarding the Attorney and Witnesses
- After having their papers authenticated by the relevant State Department or Ministry of Foreign Affairs of their home country, foreign nationals need to physically visit the related Pakistan Mission Abroad to get their POAs authenticated.
- When applying for the Digital Power of Attorney, the Executor (s) are responsible for selecting the Pakistan Foreign Mission (Embassy/High Commission/Consulate) involved with their application. If this is not done, the application may be sent to the incorrect location, which may result in its rejection.
Eligibility Criteria
There are no strict requirements that must be met to be considered a principal. Any Pakistani citizen who is a significant adult and, according to the law, is above the age of 18 and is competent to enter into a contract is eligible to authorize any other person through power of attorney to act on his behalf.
This is true regardless of whether the citizen resides in Pakistan or outside of Pakistan. If a power of attorney is executed outside of Pakistan, an authorized person from the Pakistani Embassy or consulate will validate it. If the power of attorney pertains to the property transfer, then it must be registered in Pakistan with the appropriate registrar.
The Ministry of Foreign Affairs Pakistan verifies powers of attorney presented through embassies or consulates. The verification process does not take very long, and once it is complete, a power of attorney can be used. In comparison, it is a straightforward and uncomplicated process, and you will not be required to travel to any courts or go through any problematic procedures.
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