Recap: We learned what power of Attorney is, and talked about the types of POA, laws, amendments, and terms to be considered while signing any power of attorney to determine what you receive in exchange for your application.
In part 1 of this series: Power Of Attorney in Real Estate in Pakistan: Legal Perspective - Part 1, details of the legal perspective of the power of Attorney (POA) in general including the main elements, legal aspects, and how to prevent frauds while transferring the POA.
In part 2, we are going to discuss the influence of other Government departments while completing the POA process. In Pakistan, the process of obtaining and validating a Power of Attorney involves the collaboration of various government departments. These departments play essential roles in ensuring the legitimacy and effectiveness of the POA. Let's explore the key government departments involved in the Power of Attorney process in Pakistan. Let's unfold these
- Government departments and their Roles
- Documentations issued by the Government Departments
- Online and digital POA process
Government departments and their Roles
In Pakistan, the Sub-office, Registrar's which falls under the purview of the Board of Revenue, plays a key role in the registration and validity of powers of attorney. The Registration Act of 1908, which regulates the registration of different legal instruments, including Powers of Attorney, defines how the Sub-office registrars operate. The government department preserves the integrity of the Power of Attorney system in the nation by supervising the registration process, confirming identities, resolving conflicts, and preserving public records.
Below are the main government department that plays a vital role,
| Government Department | Task for Power of Attorney (POA) |
| Notary Public | Notary Public Witnessing the signing of the Power of Attorney document. |
| Ensuring the identity of the parties involved. | |
| Verifying that the document is well executed. | |
| NADRA | NADRA Verifying the identity of the parties involved. |
| Providing the National Identity Card – CNIC details of the grantor(s). | |
| MOFA – For Overseas | MOFA – For Overseas Attestation of the Power of Attorney for use abroad. |
| Providing legal recognition of the document in foreign countries. |
Note: NADRA is not involved in generic POA
1. National Database and Registration Authority (NADRA):
The main government agency in charge of preserving Pakistani citizens' national identity databases is NADRA. When executing a Power of Attorney, the principal, and the attorney-in-fact must present their original National Identity Cards (CNICs) as proof of their identity. NADRA verification is crucial to establish the identity of both parties involved in the POA.
2. Directorate General of Immigration and Passports:
For individuals residing outside Pakistan or foreign nationals seeking to grant Power of Attorney for matters within the country, the Directorate General of Immigration and Passports comes into play. In such circumstances, the principal or grantor is required to show their passport as proof of identity.
3. Notary Public:
The government appoints a Notary Public to witness and certify the execution of legal papers, including powers of attorney. Notary Public attestation ensures that the POA document is properly executed, the parties involved are competent, and the signatures are genuine. Additionally, the Notary Public may also oversee the signing of affidavits and stamp papers, if necessary, for certain types of POAs.
4. Ministry of Foreign Affairs (MOFA):
When the Power of Attorney is intended for use abroad, it requires attestation by the Ministry of Foreign Affairs. MOFA attestation grants the document legal recognition in foreign countries and is often necessary for various international transactions and legal proceedings. It ensures that the POA holds validity and authenticity outside the borders of Pakistan.
5. Relevant Courts or Judicial Authorities:
In some cases, the Power of Attorney may require attestation or validation by a court or judicial authority. This is especially true for certain complex or specialized matters where legal oversight is necessary. Court attestation provides an additional layer of authenticity and credibility to the POA, particularly when it involves substantial assets or property transfers.
Power of Attorney Requirements and Attestation of Documents
| Required Documents | Attestation From | Issued By Government Department |
| Application Form | ||
| National Identity Card | National Database and Registration Authority (NADRA) | |
| Passport (if applicable) | Directorate General of Immigration and Passports | |
| Witness(es) ID Proof | ||
| Power of Attorney Form | ||
| Affidavit (if required) | Notary Public (Optional | Notary Public (Lawyer or Oath Commissioner) |
| Stamp Paper (if required) | Notary Public (Optional) | Notary Public (Lawyer or Oath Commissioner) |
| Translation (if required) | Notary Public (Optional) | Notary Public (Lawyer or Oath Commissioner) |
| Ministry of Foreign Affairs Attestation (for use abroad) | Yes, for international usage | Ministry of Foreign Affairs (MOFA) |
| Court Attestation (if required) | Yes, for specific cases | Relevant Court or Judicial Authority |
Please note that the fees, requirements, and processes can vary depending on Pakistan's specific region or jurisdiction. Additionally, some documents like the Power of Attorney Form and Witness IDs are not issued by any government department but are required for the POA process. For the most precise and recent information regarding Power of Attorney proceedings in Pakistan, always consult legal professionals or the appropriate government authorities.
For more information, click here: https://mofa.gov.pk/attestation-of-documents/
Online/Digital process Top of Form
Through its online platform, Pakistan's National Database and Registration Authority (NADRA) has shortened the procedure for requesting a Power of Attorney (POA). People can simply and securely submit their POA applications using our digital service from the comfort of their homes. Faster processing times are guaranteed by the online solution, which does away with the need for physical visits to NADRA offices. Electronic submission of required paperwork and data by applicants streamlines the entire process. NADRA seeks to improve customer experience, reduce bureaucracy, and advance openness with this effective strategy. Unquestionably, online POA application processing has altered how legal documents are obtained in Pakistan.
1. Online Application Processing
The online process of the Application must know the process of the digital Power of Attorney following procedure guidelines which are:
Step 1: How to register, activate, and log in to the Power of Attorney Portal
- Applicants need to create an account on the NADRA website and log in.
Step2: How to apply for Digital Power of Attorney
- They must fill out the POA application form, provide accurate details, and upload relevant documents. Click on submission.
- After submission, the application goes through a verification process to ensure authenticity. Once verified, the applicant receives a reference number for tracking purposes. NADRA then processes the application, and upon approval, the digitally signed POA is issued to the applicant. The online process simplifies the otherwise complex procedure, making it convenient and time-efficient for citizens.
- Providing personal details including Country of stay
- Making Free Payment
- Providing Executor(s) Details
- Providing Recipient Details.
2. Digital Verification:
For the digital process to be secure and authentic, the online application contains the biometric verification process. This process involves the use of biometric verification or other digital authentication methods to ensure the identities of the parties involved.
- Download the fingerprint form for biometric verification for both executor and the witnesses.
- Get the biometric verification via email
- Make your fee payment with online banking
- After, successful verification status, the executor will proceed further
3. Notary Public Involvement:
Despite the online process, certain legal requirements still necessitate the involvement of a Notary Public. In this case, the Notary Public could digitally notarize the POA document, ensuring its validity and authenticity.
4. Ministry of Foreign Affairs (MOFA) Attestation:
The attorney receives the receipt & POA in Pakistan and goes to the Ministry of Foreign Affairs (MOFA) office to get an attestation.
5. Court Involvement:
In certain cases, where court attestation is necessary, the digital process for the submission of documents electronically to the relevant court or judicial authority for verification.
Useful Links
- For more information about online and digital POA, click here: https://poa.nadra.gov.pk/
- To get realistic information about Eligibility and Pre-requisites, click here: https://poa.nadra.gov.pk/
- To get accurate information about Application Submission Guidelines, click here: https://poa.nadra.gov.pk/how-to-apply/
It's crucial to emphasize that the development of a fully digital and online Power of Attorney process in Pakistan may still be in the early stages or may differ depending on the region. For accurate and current information on the digital process and the government departments' involvement in Power of Attorney in Pakistan, it is crucial to examine the most recent updates from official government sources or consult legal professionals.
Conclusion
It's important to realize, however, that the government department's engagement in Power of Attorney (POA) proceedings in Pakistan has been essential in establishing a legal framework and guaranteeing accountability in the transfer of power. The government has worked to safeguard the rights and interests of those engaged in giving and receiving powers of attorney through clear regulations and oversight. This involvement has increased trust in the legal system and made transactions easier to complete, both for private and professional reasons. The government's dedication to safeguarding the integrity and effectiveness of the power of attorney processes remains crucial in fostering a secure and dependable environment for legal proceedings as the nation continues to develop and face new challenges.
Important Information: As a result, it's essential to review the most recent editions of the pertinent statutes or get legal counsel from a licensed practitioner, such as a lawyer or real estate consultant like ilaan.com.
Stay tuned for the next series regarding Power of Attorney. We went into further detail about the guideline for Pakistani residency in power of attorney in Part 3 of our blog series. " Power of Attorney in real estate in Pakistan: Guideline for Pakistani Residents - Part 3" would be the subject. As we anticipate Part 3, keep reading for even more thrilling disclosures and helpful advice that will enable you to comprehend the Power of Attorney.
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