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.
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.
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.
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.
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.
The General Power of Attorney and the Special Power of Attorney are the two categories of Power of Attorney that are available.
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.
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.
You should take care of the following things before getting the power of attorney.
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.
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.
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.
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 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.
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.
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.
You can also apply online for the power of attorney through NADRA.
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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