Power of Attorney for property means giving legal authority to an individual to manage the property, i.e., selling, renting out, or managing the legal matters on behalf of the owner of the property. Power of Attorney is also known as Mukhtar Nama in Pakistan. Getting a Power of Attorney in Pakistan is quite a straightforward process that involves minimal fees and documentation.
However, the procedure is crucial, and you have to be cautious regarding the types of Power of Attorney (POA), its rules, and its requirements. Therefore, every little detail about Power of Attorney for property is given in this comprehensive guide for your convenience.
Legal Terminologies for Power of Attorney
Before knowing about the types of Power of Attorney for property or Mukhtar Nama, you should be familiar with the legal terminologies related to Power of Attorney. These include:
Principal/Grantor/Donor:
The person who gives the legal authority to another individual to represent him in legal matters.
Agent/Attorney-in-fact:
The individual who represents the principal/grantor in legal matters.
Types of Power of Attorney in Pakistan
Power of Attorney (POA) or Mukhtar Nama in Pakistan has three major types. Each type has its characteristics and limitations. Power of Attorney for property is the same as Mukhtar Nama, but it is strictly for the dealings of legal matters regarding a property.
Here is the detail about these three POA types:
General Power of Attorney
General Power of Attorney means giving full authority to the agent on behalf of the principal. General Power of Attorney enables the agent to take any legal stand or fulfill any task for the principal in their absence. It is also known as Mukhtar Nama Aam in Pakistan. However, the terms and conditions can be defined for general Power of Attorney for property as necessary. The principal can set the period for Mukhtar Nama Aam as well.
Special Power of Attorney
In contrast to general legal authority, Special Power of Attorney means giving very limited authority to the agent for undertaking a particular legal task. For instance, It is also known as Mukhtar Nama Khas in Pakistan.
Legal Power of Attorney
Legal Power of Attorney means that the grantor makes his/her lawyer his/her representative in a certain case instead of any other individual. It is also known as Wakalat Nama in Pakistan. It is a very common type of POA.
What is a general power of Attorney for property in Pakistan?
General Power of Attorney for property means that the agent has full authority regarding a property, i.e., selling, renting, or representing the grantor in court proceedings regarding the legal issues of the property. In this case, the agent has the authority to sell the assets or make any legal decision as well.
Most overseas Pakistanis utilize this type of POA so they don’t have to visit the country to purchase or sell a property. However, the general Power of Attorney gets abrogated if the grantor dies. So, there is a limitation on this type of POA as well. Moreover, the grantor can also set conditions and a time period for Mukhtar Nama Aam as well.
Power of Attorney for Property Sale
Power of Attorney for the sale of property comes under the category of Special Power of Attorney, also known as Mukhtar Nama Khas. In this type of POA, the agent can only sell a property, but they cannot perform any other legal task. In contrast, Power of Attorney for property management comes under the category of General Power of Attorney, where the agent can undertake various legal tasks, such as selling, renting, registering an asset, or managing the finances of the property. Contact Makaan Solutions to get professional assistance in finding the best residential properties in Pakistan’s renowned housing societies.
Power of Attorney for property registration
Registration of Power of Attorney in Pakistan requires:
- Statement of the grantor on the stamp paper worth 500 to 5,000PKR
- Two witnesses and copies of their CNICs
- Copy of Registry of the property
Note:
There is no fee for the registration if the agent/attorney-in-act is the blood relation of the grantor/principal.
Requirements for Power of Attorney
There are some essential requirements for Power of Attorney for property in Pakistan. The applicants, grantor, and agent are required to provide these documents:
- Original application form of Power of Attorney
- Attested application form from notary public or judge
- Original CNICs of both grantor and agent
- Two passport-size photographs of each individual
- Paid processing fee slip
Registration Fee for Power of Attorney in Pakistan
The fee for getting a Power of Attorney (POA) depends on several things. For instance, as mentioned above, there is no fee for POA if the agent is the blood relation of the grantor. However, the value of the property determines the registration fee. The 1% of the value of the property is the registration fee for Power of Attorney for property in Pakistan. In addition, there is a 2% tax on the registration fee as well.
How long Power of Attorney is valid in Pakistan?
General Power of Attorney is valid until the grantor withdraws it legally. The grantor is required to provide the reason behind the withdrawal so it can be referred to in the future if needed.
In contrast, Special Power of Attorney is only valid until the specific task is performed, for which the Power of Attorney for property was granted in the first place. However, the POA for overseas Pakistanis is only valid for six months, after this period, they are required to visit the embassy to either continue it or let it get revoked.
Power of Attorney and Overseas Pakistanis
Overseas Pakistanis utilize the Power of Attorney for property quite consistently since they’re unable to visit the country often. The government of Pakistan has enabled overseas to grant POA from their residing country without even visiting Pakistan. However, they are required to be present in the embassy of their residing country to get the application of POA validated and attested.
Here are the two most common types of Power of Attorney for overseas Pakistanis:
Special Power of Attorney for Overseas Pakistanis
Special Power of Attorney for overseas Pakistanis lets them choose a legal task that the agent or attorney-in-fact can perform in their absence. This type of POA is valid only for a specific task. For example, if the grantor needs to sell a property in Pakistan but can’t travel to Pakistan. They can authorize a special Power of Attorney for a property just for the selling of the property. The agent will be able to represent the grantor in documentation regarding the sale of the property. Moreover, the grantor can also authorize the agent for the task of registry of property in Pakistan.
Financial Power of Attorney
The second most utilized type of Mukhtar Nama for Overseas Pakistanis is financial Power of Attorney. It lets the agent manage the finances of the grantor who is residing in another country and is unable to do so themself. It includes managing funds in the bank accounts as well.
Digital Power of Attorney for Overseas Pakistanis
The government of Pakistan has enabled overseas Pakistanis to grant Power of Attorney for property digitally. It means that digital Power of Attorney is now valid for legal proceedings in Pakistani courts. NADRA has an online portal for the POA. All you need to do is register on the official website, and then you can apply for the registration of POA or Mukhtar Nama.
Requirements for Digital POA
- The principal/grantor’s NICOP (National Identity Card for Overseas Pakistanis) is necessary
- Valid non-expired CNIC
- Copies of the grantor’s passport
- Email Address
- Postal address
- The grantor’s biometrics
- 2 witnesses’ biometrics
- Scanned copy of thumb impressions of grantor and witnesses
- The grantor shall visit the Pakistani embassy in the residing country to get these documents attested
Power of Attorney for property Islamabad
Most people believe that registration for Power of Attorney for property in Islamabad is different. However, that is not the case. The procedure for the registration of POA for property in Islamabad is the same as mentioned above. There are no additional requirements for POA in Islamabad. Hence, you can apply for it just like any other province in the country.
Conclusion
A power of attorney for the property is quite practical for people who are unable to undertake important tasks regarding the property. Some people suffer from chronic illnesses that bar them from attending court proceedings or taking care of legal matters. In this case, they can authorize an individual to represent them in legal spaces with the help of Power of Attorney.
Moreover, overseas Pakistanis can also take advantage of the Digital POA, and they can register someone in Pakistan to take care of their properties. The government of Pakistan makes the process of registration quite convenient, and now you should avail this facility for convenience and ease. However, Capital Smart City is a major project with great prospects that you should put on your list if you are looking to invest in a housing scheme in Pakistan. This project is a major success in the country’s real estate industry.
Power of Attorney for Property: Detailed Analysis
If you want to know about Power of Attorney for Property, contact Makaan Solutions. Our Sales Executive Officer will provide you with all the latest information. Starting from consultation to choosing the property, and from booking to owning your dream property. For further details, please do not hesitate to contact on the below-given information:
