Sending a power of attorney to a relative back home, or granting one to sell your property while you’re abroad, is common practice for overseas Pakistanis and busy families alike. But a poorly drafted or unregistered power of attorney is also one of the easiest tools for fraud — which is exactly why understanding how to use one correctly matters.

1️⃣ What a Power of Attorney Actually Does

A power of attorney (POA) is a legal instrument by which a person (the principal) authorizes another (the attorney/agent) to act on their behalf. For property matters, this typically includes authority to sell, lease, mortgage, or manage immovable property.

2️⃣ General vs Special Power of Attorney

• General Power of Attorney — grants broad authority over multiple matters or an ongoing period. Higher risk if misused, since the scope is wide.
• Special Power of Attorney — limited to a specific transaction, such as the sale of one identified property. Generally safer and preferred for one-off transactions.

3️⃣ Making It Legally Valid

1. Execute the POA on the appropriate stamp paper as prescribed under the Stamp Act 1899.
2. Register it under the Registration Act 1908 where it relates to immovable property — an unregistered POA carries significant legal risk and may not be accepted by revenue authorities or buyers.
3. If executed abroad, have it attested by the Pakistani Embassy/Consulate and, where required, authenticated by the Ministry of Foreign Affairs on return to Pakistan.

✅ Practical example: An overseas Pakistani in the UK granted a general power of attorney to a cousin to “manage” his property. Years later, the cousin sold the property to a third party using a POA the principal believed was limited to rent collection. Because the document was broadly worded, the buyer’s title was upheld — a special, clearly worded POA would have prevented this.

4️⃣ Revoking a Power of Attorney

• A POA can be revoked at any time by the principal, but revocation should be formally executed and, ideally, publicly notified — including to the Sub-Registrar and any relevant banks or authorities — to protect against misuse after revocation.
• A POA is automatically revoked upon the principal’s death — any transaction after that point is not valid, though buyers may not always know this, which is why verification matters on both sides.

💡 Practical Tips

• Prefer a special power of attorney limited to one clearly defined transaction over a broad general POA.
• Always register the POA, and confirm its validity through the relevant Sub-Registrar before relying on it.
• If granting a POA, choose someone trustworthy and consider requiring your confirmation before any sale is finalized.
• If you’re buying property through someone acting under a POA, verify the document is registered, current, and not revoked before proceeding.

Need Legal Assistance?

HSJ Legal, led by Advocate Hina Saleem Jessani (High Court Advocate, Karachi), drafts, registers, and verifies powers of attorney for property transactions in Pakistan and for overseas Pakistanis.

📞 Get in touch with us today before you grant or rely on a power of attorney.