::Power of Attorney Law and Procedure in Pakistan

Q. What is Power of Attorney?

A. Power of Attorney is a legal instrument/document by which another person is authorized by the maker to act on his behalf.

Q. What is the difference between “General Power of Attorney” and “Special Power of Attorney”?

A. In General Power of Attorney power is given to the attorney to do more than one act, while in Special Power of Attorney power is given to do only one act.

Q. When would a General Power of Attorney gets cancelled?

A. General Power of Attorney gets cancelled on the death of the Principal or Attorney or when principal cancels it.

Q. Is photocopy of power of attorney is as authentic as original?

A. No. Photocopy produced in the absence of an original will not be taken into consideration.

Q. Can I appoint more than one person as Attorney through a single deed in Power of Attorney?

A. Yes.

Q. Two attorneys were appointed to act jointly, one dies, can the other act alone?

A. Where two attorneys were appointed to act jointly and one of them dies, the survivor cannot act alone.

Q. Does a Power of Attorney require attestation by witnesses?

A. Yes, Power of Attorney to be attested by witnesses.

Q. Can an attorney be fired?

A. Yes, the Principal may revoke or fire Attorney any time.

Q. Can an Attorney is compensated for his/her work?

A. Yes, if so agreed by the Principal and Attorney.

Q. Can an attorney be held liable for his/her actions?

A. Yes, but only if he/she acts with willful misconduct or gross negligence.

Q. My uncle is mentally incapacitated; can he create a Power of Attorney?

A. A mentally incapacitated person cannot create a power of attorney he must know and understand what he is doing.

Q. How do I select an agent for a Power of Attorney?

A. You should choose someone whom you trust fully. He/she can be your family member or a friend. Certainly, you should never give a power of attorney to someone you do not trust fully.

Q. Can a company (private or public limited) grant Power of Attorney?

A. Yes, as company is a legal person, and if authorized by Memorandum and Articles of Association can grant power of attorney.

Q. What are the precautions one must take when giving a general power of attorney?

A. Whenever power of attorney is given by you, he should be trustworthy person. Power of attorney is almost like signing a blank cheque and should be given only where it is absolutely necessary and there is no alternative.

Q. I gave a Power of Attorney to my relative, can I still make any decision for myself?

A. The attorney is only your representative if you intend to do anything yourself you are fully competent for the same, even there is an attorney appointed by you.

Q. Is attorney answerable to Principal?

A. Yes, attorney/agent is answerable to principal.

Q. What does Irrevocable Power of Attorney mean?

A. If the Power of Attorney is executed for consideration then it cannot be unilaterally revoked.

Q. Can all Power of Attorneys be revoked?

A. No, only those which are without consideration.

67 comments on “::Power of Attorney Law and Procedure in Pakistan

  1. If property is in Multan and principal as well as attorney living in karachi so whether power of attorney can be registered in karachi ?

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  2. Dear Sir,
    My three sisters given irrevocable Gernal power of attorney to my father
    my father using this power of attorney with consultation of all sisters transfered that property on my name through registered lease deed.it was ok at that time.
    But after my father death now they are saying give back our property otherwise we will go to court.
    Now my question is that after transferring of 10 years is it possible they can case against me and win
    I am eagerly waiting to your reply
    Thanks

    Like

  3. Hi sir.
    i have a question about a GPA with an agreement of sale (property) from a deceased , can this GPA and the agreement can be revoked (cancelled) by the legal heirs of the deceased?

    GPA = General Power Of Attorney

    regards

    Like

    • any general power of attorney GPA gets abolished with the death of the deceased, but if the deceased have some independent agreement for the sale of land, then the purchaser can get performance of the agreement from the legal heirs of the deceased.

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      • thank you for you reply sir. But what i really wanted to confirm is that the defendants (legal hiers) can take a defence , and somehow this property go back to the legal hiers ?

        Like

        • you questions need the perusal of documents, you better send me the documents for further legal consultation

          Like

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