Power of Attorney in Bangladesh: Types, Registration, Format and How to Cancel It

In this guide: Types of power of attorney · What a safe power of attorney contains · How to make and register a power of attorney · How to cancel a power of attorney · Power of attorney fraud: how to protect yourself

The short answer

A power of attorney (ammoktarnama) is a written authority for another person, the attorney, to act for you. Under the Power of Attorney Act 2012, a power to sell immovable property, sign a sale deed, mortgage property for a loan, or develop land for consideration is an irrevocable power of attorney and must be registered. Other powers can be general or limited to one task. Every power of attorney must clearly state what the attorney may do and carry photos and NID copies of both parties.

Types of power of attorney

For land, give a special power for the specific plot and task rather than a broad general power. Broad powers are where fraud happens.

What a safe power of attorney contains

• Full names, fathers’ names, addresses and NID numbers of both parties, with photos.
• The exact powers granted, listed one by one. Avoid “all acts whatsoever”.
• For land: mouza, dag, khatian, area and the deed under which you hold it.
• Whether the attorney may receive money, and into which account.
• A time limit, or the task after which it ends.
• Whether the attorney may appoint a substitute (usually: no).
• A duty to account to you and keep records.

A downloaded format can be a starting point, but each power should be drafted for its task.

How to make and register a power of attorney

1. Decide the scope and draft the deed.
2. Pay the stamp duty under the Stamp Act. The amount depends on the type; powers to sell or develop land cost more. Check the current figure before signing.
3. Execute it. A registrable power is signed before the sub-registrar, with photos and fingerprints. A general power for routine matters is usually signed before a notary.
4. Register it where required, and keep a certified copy.
5. From abroad: sign at the Bangladesh mission or with an apostille, then stamp it in Bangladesh. See our guide for people abroad.

How to cancel a power of attorney

• General or special power: revoke it in writing and send the revocation to the attorney by registered post. Tell banks, tenants and offices that dealt with the attorney.
• Registered power: register a deed of revocation at the sub-registry and ask that it be noted against the original.
• Irrevocable power: as the name says, it cannot be cancelled at will once the attorney has acted on it or has an interest. Disputes go first to negotiation and mediation, then to court.
• A power also ends when its task is done, its period expires, the property is destroyed, or the principal dies, becomes insolvent or loses mental capacity.

Power of attorney fraud: how to protect yourself

• Before buying land through an attorney, get a certified copy of the power from the sub-registry and check it covers this plot and a sale.
• Confirm the owner is alive and has not revoked it; a power ends on death.
• Be wary of powers given years ago, or by owners living abroad who cannot be contacted.
• If someone has used a forged power against your land, act fast: a criminal complaint for forgery and a civil suit to cancel the deed.