Living abroad? Get your power of attorney right.

Any signed paper will do?

A costly mistake overseas families make.

• Myth: Any power of attorney I sign abroad lets my brother register the sale.
• Fact: For registration it must be executed before and authenticated by a Notary Public, court, judge, magistrate or Pakistan Consul (Registration Act, s.33(1)(c)).

Signed abroad? Authenticate it.

For presenting documents for registration (s.32), a principal living abroad needs a power of attorney executed before and authenticated by one of these.

“if the principal at the time aforesaid does not reside in Pakistan, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Pakistan Consul or Vice-Consul or representative of the Federal Government.”

Registration Act, 1908 · Section 33(1)(c), Powers-of-attorney recognizable for purposes of section 32

Done right, it proves itself.

A properly authenticated power of attorney is proved just by producing it (s.33(4)). The court presumes it.

“The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a notary public, or any Court, Judge, Magistrate, Pakistan Consul or Vice-Consul, or representative of the Federal Government, was so executed and authenticated.”

Qanun-e-Shahadat Order, 1984 · Article 95, Presumption as to powers-of-attorney

Inside Pakistan? Different office.

Section 33(1) of the Registration Act.

• Living where the Act appliesBefore the Registrar or Sub-Registrar of your district (s.33(1)(a)).
• Living in any other partBefore any Magistrate (s.33(1)(b)).
• Living abroadNotary, court, judge, magistrate, Pakistan Consul (s.33(1)(c)).

When it ends.

An agency ends on any of these (Contract Act, s.201).

• You revoke itThe principal revokes the authority.
• The work is doneThe business of the agency is completed.
• Death or unsound mindOf either the principal or the agent.
• Agent renouncesOr the principal is declared insolvent.

Before you sign.

Your attorney can act in your name. Read every power.

• Name the property exactlyKhasra, khewat, plot or house number.
• Give only the powers neededSelling is a big power. Say so only if you mean it.
• Revoke it when the job is doneAn agency ends when the principal revokes it (s.201).

Check your case. Free.

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• I live in Dubai. How do I give my brother power to sell my plot in Lahore?
• My attorney sold my house without telling me. What can I do?

Example questions

What this does not mean

• Not every paper signed abroad works for registration. It must be executed before and authenticated by a Notary Public, a court, judge, magistrate, Pakistan Consul or Vice-Consul, or a representative of the Federal Government (s.33(1)(c)).
• The section 33 rule covers powers of attorney used for presenting documents for registration under s.32.
• A power of attorney does not last forever. The agency ends on revocation, completion of the business, death or unsound mind of either side, renunciation by the agent, or insolvency of the principal (Contract Act, s.201).

Questions people ask

Sources

• Registration Act, 1908 · Section 33(1)(c)
  Powers-of-attorney recognizable for purposes of section 32 Pakistan Code
• Qanun-e-Shahadat Order, 1984 · Article 95
  Presumption as to powers-of-attorney Pakistan Code