Power of Attorney

What this covers

A power of attorney (আমমোক্তারনামা) lets one person, the principal, authorise another, the attorney, to act for them. The Power of Attorney Act 2012, in force since 1 July 2013, replaced the 1882 Act and sets out how powers of attorney are made, registered, terminated and disputed. We prepare general and special powers of attorney for property, banking, litigation and family matters; irrevocable powers of attorney for sale, mortgage and land development; powers of attorney signed by NRBs abroad; and revocation notices.

General, special and irrevocable powers

A general power of attorney covers a range of acts, such as managing property, collecting rent and dealing with offices. A special power covers a single task, such as appearing in one case or signing one deed, and ends when it is done. An irrevocable power of attorney under the Act is one given for selling immovable property, executing a sale deed, mortgaging property against a loan, or land development in exchange for consideration. It is for a fixed term, cannot be cancelled at will during that term, and passes to heirs on death under section 4. Registration is mandatory for irrevocable powers of attorney (section 6), and in practice any power to sell or transfer land must be registered at the Sub-Registry office.

Powers of attorney signed abroad

Many clients sign in the UK, Middle East, Malaysia or North America. The usual route is to sign before the Bangladesh embassy or high commission, with photographs and identity documents of both parties as the Act requires, or before a local notary with the document then apostilled or legalised as the host country allows. Once the document reaches Bangladesh, section 6 requires authentication by the Ministry of Foreign Affairs and stamping by the Collector (Deputy Commissioner’s office), and section 18 of the Stamp Act allows an instrument executed abroad to be stamped within three months after it is first received in Bangladesh. The 2015 Rules add short deadlines for authentication and for sending the document to the Sub-Registrar, so plan the courier and appointments before signing.

Revocation, death and misuse

Under section 11, a general power of attorney ends when the task is done, the term expires, or the principal dies, becomes insolvent or loses capacity, and the principal can revoke it by giving the attorney 30 days’ notice. Acts done before notice remain binding. A registered power should be revoked by a registered deed of revocation, and notice should be sent to the Sub-Registrar, banks and anyone dealing with the attorney. Where an attorney sells or mortgages beyond the authority given, remedies include a suit for declaration and cancellation, accounts, and in cases of fraud a criminal complaint.

What helps

• NID or passport of the principal and the attorney, with recent photographs
• Deed numbers, khatians and schedule of the property involved
• A clear list of the acts you want to authorise, and for how long
• For signing abroad: the embassy’s appointment details or local notary and apostille information
• Any earlier power of attorney you want to cancel

Where it is handled, and how long it takes

Registration is at the Sub-Registry office with jurisdiction over the property. Powers signed abroad pass through the Bangladesh mission or a foreign notary, then the Ministry of Foreign Affairs and the Collector’s office in Bangladesh before use. Domestic drafting and registration can often be completed within one to two weeks; the overseas route commonly takes several weeks including courier time.