Overseas Pakistanis – Here’s how to get power of attorney attested and registered

Power of Attorney is a powerful legal document that can be used for a variety of purposes, but at its very basic, it is a permission for another person to act on one’s behalf. Power of Attorney is useful when a person cannot execute a particular document or transaction themselves, so they authorize someone else to do it for them.

A principal (the one granting the Power of Attorney) can also authorise someone to move the court or make an appearance in the civil court on their behalf. They can authorise them to buy, sell, lease, or take possession of property on their behalf. Indeed, this is one of the primary methods through which overseas Pakistanis unable to visit Pakistan conduct their business.

For a detailed introductory look at the variety of ways in which the Power of Attorney can be used in real estate, you can go here. This piece takes an in-depth look at one of the most important questions facing the overseas Pakistanis: how to attest and register Power of Attorney when the principal is overseas, while the agent (the one granted the power of attorney) is in Pakistan.

The answer and the process can be divided into two parts:

• Attestation of the Power of Attorney in consulate/embassy of Pakistan
• Registration of the Power of Attorney in Pakistan

ATTESTATION OF POWER OF ATTORNEY

Before a Power of Attorney can be registered in Pakistan, it needs to be attested at the respective consulate or embassy of Pakistan in the country of the principal’s residence.

For example, if your brother is residing in Australia and he needs you to construct a house in Lahore, on a plot that belongs to him.  You will need a Power of Attorney to do that. For this purpose, you (the agent) and your brother (the principal), will have to follow the below-mentioned steps:

Frame a Power of Attorney, or have it framed by a lawyer. It is recommended you discuss it with a legal professional before you make and sign it. In any case, this will need to include all the functions you will have to perform in relation to the plot for construction of a house.

Your brother will need to visit the Consular Section of the High Commission for Pakistan, Canberra or the Consulate General of Pakistan, Sydney. He will need to take along the following documents:

a. Original Power of Attorney and a few copies.

b. Application form for attestation of Power of Attorney.

c. His original passport along with its copy.

d. His original Computerised National Identity Card (CNIC) or National Identity Card for Overseas Pakistanis (NICOP) along with its copy.

e. Two recent passport size photographs affixed on Power of Attorney next to place of signature.

f. In case the document of power of attorney extends to more than one page, each page will have to be signed.

Copies of your CNIC and that of the witnesses.

g. Processing fee in the form of postal money order or bank cheque worth AUD 20.

The document will be attested by the authorities and you will be able to move the next phase.

REGISTRATION OF POWER OF ATTORNEY IN PAKISTAN

The original Power of Attorney would have to be given to the agent (you).

You will need to have it attested with the Ministry of Foreign Affairs. Take along your CNIC and its copies.

Now you can get it registered with registrar in District Courts and get an attested.

Submit to the relevant authorities. Whatever functions you have to perform, you will need to submit the document with the relevant authorities to perform the function on behalf of your brother.

It should be noted that you have six months after attestation from consulate/embassy in which to complete the process of registration because the attestation remains valid only for this time period.

All this sounds like a lot of hard work, but this should only serve to emphasise the importance of the document. It is an incredible useful and equally powerful document, and while, legally, you can’t do anything to the detriment of the principal, it is still recommended that you grant it only to the most trusted people. Hence all these lengthy processes to have it attested.

Do you have any more questions about it? You can talk to us in the comments section.