Power of Attorney for Property in Pakistan: Types and Process

A power of attorney lets one person act on behalf of another. In property deals in Pakistan, it is used when the owner cannot be present to sell, rent, transfer or manage a property, for example because they live abroad, are unwell or are busy elsewhere. It is also one of the most misused documents in property fraud. This guide explains the types of power of attorney, how to make and register one, what it costs, how to cancel it and the checks every buyer should make before dealing with an attorney.

Quick answer: A power of attorney (mukhtar nama) is a legal document in which the owner (the principal) authorises another person (the attorney) to act for them. A general power of attorney gives wide powers, while a special power of attorney covers one specific task, such as selling one plot. A power of attorney to sell or transfer property must be registered with the Sub-Registrar where the property is located, and it ends if the owner cancels it or dies.

Types of Power of Attorney

General Power of Attorney (Mukhtar-e-Aam)

A general power of attorney gives the attorney wide authority over the owner's affairs, such as managing, renting, selling or mortgaging property. It is convenient but risky, because the attorney can do almost anything the owner could.

Special Power of Attorney (Mukhtar-e-Khas)

A special power of attorney is limited to one task or one property, for example selling a named house or signing a single rent agreement. It ends once that task is done. For most property work, this is the safer choice.

Irrevocable Power of Attorney

When the attorney has a financial interest in the property, for example a buyer who has already paid, the power of attorney may be made irrevocable. Under the Contract Act, such authority cannot simply be cancelled in a way that harms the attorney's interest. These documents need careful legal advice.

Sub-Power of Attorney

Some powers of attorney allow the attorney to pass the authority to another person. If you do not want this, say so clearly in the document.

When Is a Power of Attorney Used in Property Deals?

• An overseas owner selling or renting out property in Pakistan
• An elderly or unwell owner who cannot visit offices
• Handling a transfer, mutation or society paperwork on the owner's behalf
• Managing rented property and collecting rent
• Representing the owner in a land record or court matter

Overseas Pakistanis can make one online through NADRA or at a Pakistani embassy. Our guide for overseas Pakistanis buying property in Pakistan explains the online process.

How to Make and Register a Power of Attorney

1. Draft the document. Name the owner and the attorney with their CNICs, describe the property exactly and list the powers being given. A lawyer or deed writer can help with the wording.
2. Get the e-stamp paper. Pay the stamp duty that applies through the e-stamp system. Our guide to e-stamp paper in Punjab explains the steps.
3. Sign before witnesses. The owner signs the document in front of two adult witnesses, who also sign with their CNIC details.
4. Register it. For any power to sell, transfer or deal with immovable property, the owner appears before the Sub-Registrar of the area where the property is located for biometric verification and registration.
5. Keep certified copies. The attorney will need the registered copy when dealing with the land record office, society or registrar.

A power of attorney for simple tasks, such as dealing with utility bills, may only need to be attested by a notary. One used to sell or transfer property should always be registered.

Stamp Duty and Fees

The stamp duty depends on what the power of attorney allows and who it is given to:

• A power of attorney to sell property to someone outside the family, especially one given for payment, is usually charged duty linked to the property value, similar to a sale.
• A power of attorney given to a close family member, or for management only, usually carries a small fixed duty.
• A registration fee is charged by the Sub-Registrar on top of the stamp duty.

Rates change with provincial budgets, so check the exact amount on the e-stamp portal or with the Sub-Registrar before you sign.

How to Cancel a Power of Attorney

1. Prepare a deed of revocation that names the original power of attorney and its registration details.
2. Register the revocation with the same Sub-Registrar.
3. Send written notice to the attorney.
4. Inform the offices where the attorney may act, such as the land record centre, housing society and your bank.

A power of attorney also ends automatically when the owner dies. After that, the property passes to the legal heirs, and the attorney can no longer sell it. Our guide to inheritance mutation in Punjab explains what happens next.

Buying Property From an Attorney: Checks to Make

Many frauds involve forged, cancelled or outdated powers of attorney. If you are buying from someone who is acting for the owner:

• See the registered original and get a certified copy from the Sub-Registrar's office.
• Check the powers given. Make sure it clearly allows sale of this exact property.
• Confirm the owner is alive and has not cancelled it. Speak to the owner directly by video call if possible.
• Check the land record or society file to make sure the owner still owns the property. See our guides to the fard online check in Punjab and plot file verification.
• Pay into the owner's bank account where possible, not in cash to the attorney.

Tips for Owners Giving a Power of Attorney

• Choose someone you trust completely.
• Prefer a special power of attorney for one property and one task.
• Add a time limit where possible.
• Never sign a blank or incomplete document.
• Cancel it formally once the work is done.

Once the paperwork is clear, you can compare property values and listings on Pakistan Property before deciding to sell or rent.

Frequently Asked Questions

1. What Is a Power of Attorney in Property?

It is a legal document in which a property owner authorises another person to act for them, such as selling, renting or transferring the property.

2. What Is the Difference Between a General and Special Power of Attorney?

A general power of attorney gives wide powers over the owner's affairs, while a special power of attorney is limited to one specific task or property.

3. Does a Power of Attorney Need to Be Registered?

Yes, if it allows the attorney to sell or transfer immovable property. It is registered with the Sub-Registrar where the property is located.

4. Can a Power of Attorney Be Cancelled?

Yes. The owner can register a deed of revocation and notify the attorney and relevant offices. An irrevocable power of attorney given for the attorney's own interest is harder to cancel.

5. Is a Power of Attorney Valid After the Owner Dies?

No. A power of attorney ends when the owner dies, and the property then passes to the legal heirs.

6. Can I Make a Power of Attorney From Abroad?

Yes. Overseas Pakistanis can make one online through NADRA's power of attorney service or at a Pakistani embassy or consulate.