The power of attorney is the instrument that lets the firm act for you in Pakistan while you remain abroad. It is also the most common point of failure in matters brought by overseas clients — not because the law is difficult, but because the procedure is exacting and unforgiving.
An instrument signed in the wrong place, attested by the wrong office, or drafted without the specific power that later turns out to be needed will be refused, usually at the worst moment and often months after it was executed.
Give the narrowest power that will do the job
A general power of attorney confers broad authority across your affairs. A special power confers authority for defined acts only — conducting one identified suit, or selling one identified property.
For almost every overseas client the special power is the right instrument. It is harder to misuse, and it is more readily accepted precisely because its scope is unambiguous. A general power handed to a relative so that they can 'deal with everything' is how property gets sold without the owner's knowledge, and we see the consequences regularly.
Drafting is where matters are won or lost
The instrument must name the required acts with precision. A power authorising an attorney to 'look after my property' will not satisfy a sub-registrar asked to register a sale, nor a court asked to accept a plaint signed by the attorney.
Where the attorney will need to file a suit, verify pleadings, appear before a particular forum, receive sale consideration, or present a deed for registration, each of those should appear on the face of the document. Drafting is the cheapest of the steps and the one that most often causes the failure.
Execution and attestation, in order
All three steps must be correct. Missing the third is the most common oversight, and an instrument properly attested abroad but never attested in Pakistan is, in practice, just paper.
- Sign before the Pakistani Embassy, High Commission or Consulate in your country of residence, which attests the instrument. Do not sign in advance — the mission is attesting that you signed in front of it.
- Have it attested by the Ministry of Foreign Affairs in Pakistan.
- Where the purpose requires it — certain property transactions in particular — register it with the sub-registrar.
Revocation, lapse and misuse
A power of attorney can be revoked, but revocation must be brought to the notice of those who might rely on it, and where the power was registered the revocation should be registered too. Telling the attorney is not enough to protect you against a third party who deals with them in good faith.
A power also terminates automatically on the death of the person who gave it. Transactions purportedly made under it afterwards are void — a recurring pattern in disputes among heirs, and one we act on frequently.
If you suspect a power has been misused, take advice immediately rather than waiting for confirmation. These matters depend heavily on how quickly they are brought.
Common Questions
Frequently asked
What do I need to take to the Pakistani mission?
Typically your original passport and CNIC or NICOP, photographs as required, the identity documents of the person you are appointing, and the unsigned instrument. Requirements differ between missions and change, so check what the specific mission publishes rather than relying on what a relative did some years ago.
Does a power of attorney transfer ownership of my property?
No. It authorises someone to do specified acts in your name; it does not make them the owner. That misconception causes a great deal of litigation in Pakistan, in both directions.
How long does a power of attorney remain valid?
Powers do not automatically expire unless the instrument says so, but registrars and banks grow reluctant as they age and some institutions apply internal limits. If a matter has been dormant for years, expect the instrument to be questioned and be prepared to execute a fresh one.
Can you prepare the instrument before I attend the mission?
Yes, and that is the right order. We draft it to cover the acts your matter actually requires and set out precisely which attestations apply, so that the appointment — the inconvenient, expensive step — only has to happen once.
Enquiries
Acting for you, from Karachi.
Almost every step can be conducted under a power of attorney, without your travelling. Tell us what the matter concerns.