Power of Attorney (POA) in Pakistan

A Power of Attorney (POA) is a legal document that authorizes an individual (the agent or attorney) to act on behalf of another (the principal) in legal, financial, or administrative matters. It can be general (broad powers) or specific (limited to certain tasks).

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What is Mukhtar Nama?

Mukhtar Nama** (مختار نامہ) is the Urdu/Islamic term for Power of Attorney.

It is widely used in Pakistan, especially in property and court matters.

The term originates from Islamic law, where a Mukhtar(agent) is appointed to act for the principal.

Difference Between Power of Attorney and Mukhtar Nama ?

| Aspect | Power of Attorney (POA) | Mukhtar Nama |

|--------------------------------------|---------------------------------------|-------------------------------------------|

| Language/Term | English legal term | Urdu/Islamic term |

| Legal Validity | Same as Mukhtar Nama | Same as POA |

| Common Usage |Used in formal/business context| used in property & court matters |

| Registration | Required for property transactions | Same as POA |

Is Registration of POA Compulsory in Pakistan?

- For general purposes (banking, business, etc.): Not mandatory, but notarization is required.

- For property transactions: Mandatory under the Registration Act, 1908.

- Must be registered with the Sub-Registrar Office.

- Unregistered POA cannot be used for property sales/transfers.

- POA executed abroad: Must be attested by the Pakistani Embassy/Consulate.

How to Protect Against Forgery & Fraud in POA?

1. Notarization & Witnesses

- Always execute the POA before a Notary Public/Oath Commissioner.

- Have at least two witnesses sign the document.

2. Biometric Verification (if applicable)

- For high-stakes POAs (property, large financial transactions), ensure thumb impression verification from NADRA.

3. Registration for Property POA

- If the POA involves property dealings, register it to prevent fraud.

4. Limited & Specific Powers

- Avoid giving blanket authority (general POA).

- Clearly define the agent’s powers (e.g., "only for selling Plot No. XYZ").

5. Revocation Clause

- Include terms allowing the principal to revoke the POA anytime (unless irrevocable).

6. Regular Monitoring

- Keep track of the agent’s actions.

- If misuse is suspected, issue a public notice in newspapers and revoke the POA legally.

7. Use of Safe Custody

- Keep the original POA in a secure place (bank locker).

- Provide only certified copies to the agent when needed.

What to Do If POA is Forged?

- File a police complaint (FIR) for forgery.

- Approach the court for cancellation of fraudulent transactions.

- Publish a revocation notice in newspapers.

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