Overseas Pakistanis routinely need someone in Pakistan to act on their behalf, whether to sell property, pursue a case or manage inherited assets. The instrument used is a power of attorney, and it is also the instrument most frequently misused against the person who granted it.
Attestation is what makes it usable
A power of attorney executed abroad ordinarily requires attestation by the Pakistani mission in the country of execution, and then further attestation in Pakistan before it can be relied on. A document that has not been through this chain is commonly refused by sub-registrars, banks and courts.
Requirements vary by country and are updated from time to time. Confirm the current process with the relevant mission before executing anything.
Special beats general
A general power of attorney granting broad authority is convenient and dangerous. A special power, limited to a defined transaction, is far safer.
Where the purpose is to sell one specific property, say so: identify the property, state the authority granted, and stop there. Broad authority granted for a narrow purpose is how families lose land.
Reducing the risk of misuse
- Limit the authority to the specific transaction and property
- Include an expiry date
- Specify that sale proceeds are payable only into your named account
- Choose the attorney on reliability, not on who is nearest
- Revoke formally, in writing and on the record, once the purpose is complete
Revocation
A power of attorney continues until revoked. Revocation should be documented and, where the instrument was registered, brought on the record. Simply telling the attorney verbally that it is over is not sufficient protection.
What to do next
Decide precisely what the attorney needs to do, have the instrument drafted to that scope, and confirm attestation requirements with the mission before signing.