Power of attorney deed is very crucial when someone wish to delegate some of his specific right against any immoveable property. This is very often demanded when someone reside abroad and unable to maintain the immoveable property in the mother country. The process of registering a power of attorney deed from abroad is very easy and systematic.
In this writing, we are guiding step by step how some one can execute and register a power of attorney deed from abroad. A deed registered from abroad through the process of attestation by concern embassy or consular offices are mostly known as Foreign Power of attorney.
STEP-1
PREPARATION OF POWER OF ATTORNEY DEED
Drafting of a properly formatted Deed of Agreement or power of attorney is the half done of total project. The document must be drafted as per the standard format recommended by Schedule-Ka, Form No. 03 of Bangladesh Gazette, dated- 23rd July 2015. A properly drafted deed shall, in addition include and maintain following requirements-
(a) Passport size photo of both attorney giver and receiver in white background captured within 6(Six) month.
(b) Both of the attached photos must be signed and identified by the power giver adding thumb impression of executants thereto.
(c) The attorney receiver shall provide an affidavit where the deed includes any schedule of immoveable property and the Power of Attorney maker is executing such form abroad.
It is highly recommended to draft the power of attorney deed by an expert Lawyer who is accustomed with the procedure and practice.
STEP- 2
ATTACHMENTS FOR POWER OF ATTORNEY FROM BANGLADESH
While sending a Deed of agreement or Power of Attorney having one or more schedule of immoveable property to overseas. The relevant documents of title ship and tenancy must be enclose with as follows-
(i) Copy of record of rights (Khatiyan) (CS,SA,RS,BS)
(ii) AC land Mutation with DCR, Mutation Katiyan and Up-to-date Khajna Receipt.
(iii) Documents related to succession when property is acquired by inheritance.
(iv) Purchase Deed, when property is acquired by purchase.
(v) Via deed(s) and other relevant documents.
(vi) Holding Tax.
(vi) Where the property is acquired by lease, Lease deed, Holding Tax, mutation from the authority. i.e. Rajuk, MOHPW is required.
N.B- This cheek list may varies from country to country.
STEP-3
SEND THE DOCUMENTS VIA COURIER SERVICE
Once the documents are prepared and required files are attached with, the same needs to be sent to country of resident of the executants of such foreign power of attorney. DHL is the most reliable courier service for fast and secure delivery of documents to abroad.
STEP-4
APPOINTMENT FOR POWER OF ATTORNEY AT THE CONSULAR/EMBASSY OFFICE
Once the documents are received by the principal or executants of foreign power of attorney, he shall book an appointment to the concern Consular General Office or Embassy of Bangladesh at the resident country of executants for execution.
The process for appointment is available both online and offline subject to the prescribed rules of concern authority (Varies from country to country).
See the full list of Bangladesh Embassy
STEP-6
SUBMISSION OF REQUIRED DOCUMENTS TO EMBASSY
The principal or executants shall place the documents for attestation to the concern embassy or consular office along with all of the supporting documents required by the authority.
Some of the consular office asks for notarization of the documents presented for attestation.
Click here to find a nearby Bangladesh Embassy
STEP-7
EXECUTION OF POWER OF ATTORNEY DEED
The executants or principal of the Power of Attorney shall physically present before the office of concerned Consular or Embassy on the appointment date.
He shall be required to sign the documents in front of the duty officer and shall affirms by an oath that he is singing the presented document being affirmed of all the legal consequences.
The embassy or consular shall only attached the documents with affirmation of the signature of the executants nor about the legality of the ownership or title of the documents presented.
STEP-8
POST EXECUTION PROCESS OF POWER OF ATTORNEY
The executants shall submit one set of photocopy of all signed documents and attachments to the dedicated counter of consular office for future reference.
STEP-9
RETURN OF DOCUMENTS TO BANGLADESH
When all of the formal proceedings are completed successfully, the executants or principal of the power of attorney deed shall return it to his attorney at Bangladesh to arrange post attestation process i.e. Attestation form MOFA, Law Ministry, Stamping, Forwarding to AC land, Sub-Register, Registration and other.
STEP-10
ATTESTATION BY MINISTRY OF FOREIGN AFFAIRS
The final attestation of the deed signed at overseas is performed at Ministry of Foreign Affairs, Bangladesh at Dhaka. Before submitting the deed to Ministry of Foreign Affairs, the same must be authenticated via Ministry of Law, Bangladesh. When the final attestation is completed, the attested deed shall be forwarded to the Treasury office of District Commissioner at Dhaka.
STEP-11
SUBMISSION OF ATTESTED DOCUMENTS TO TREASURY, DC OFFICE
When attestation is completed by Ministry of Law and Ministry of Foreign Affairs , all the attested documents will have to be placed to Treasury Unit of District Commissioner office of relevant district where the property is situated.
The treasury department will serve a confirmation letter to the ministry which has attested the documents earlier and having confirmation from the ministry, treasury shall affix all payable stamp duty and also fix a time period for submission of stamp fees.
As and when the payment of stamp fee is completed, the documents will be forwarded to concern AC land office and sub-registry office with a forwarding letter with a direction to register the deed. A forwarding memo number and issuance date shall be referred to the forwarding letter.
STEP-12
REGISTRATION OF THE POWER OF ATTORNEY DEED
In general, a forwarding letter of DC office takes 7-10 days to reach and received by the sub-registry office. The Power of Attorney receiver can place a request to register the attested Deed of Agreement, Deed of Contract or Power of attorney to the sub-register affixing an affidavit signed by him.
The receiver of deed may also register a deed by the way of commission under section 31 of the Registration Act-1908.
Frequently Asked Questions (FAQS)
As a leading legal firm in Bangladesh with extensive experience in Real Estate and Property Law, we have assisted numerous Bangladeshi immigrants. It became apparent that many lacked a clear understanding of the procedures and practices involved in drafting a Power of Attorney deed. In response to this common issue, our firm has undertaken the initiative to publish a comprehensive, step-by-step guideline. Our aim is to provide practical knowledge to individuals seeking clarification on matters related to Foreign Power of Attorney deeds.
How to give power of attorney to someone in Bangladesh from USA?
A person can appoint an attorney in Bangladesh to act on his behalf via a deed of Power of Attorney and for that he must attest the legally drafted deed from Bangladesh Embassy and then to register it from Bangladesh.
How can I give power of attorney to Bangladesh from UK?
A Bangladeshi citizen residing in UK may also appoint or register a Power of Attorney deed via Embassy attestation. As both UK and Bangladesh are the common law practitioner so, in UK the process is quite easy than USA and Canada.
Shall I use stamp paper when placing the Power of Attorney deed for Attestation?
Bangladeshi stamp paper has no legally effect in any other countries. Its practical to print the deed on 100 gsm Legal sized paper and the applicable stamp duties must be paid at the time of attestation at Treasury Office of Concerned District Commissioner at Bangladesh. However, some of the consular also attest the documents printed on the Bangladeshi Stamp paper.
What shall be the Language of the Deed Bangla or English?
Its recommended to draft the deed in English language. There are a lot of technical benefits when the deed is written in English. On the other hand, its easy for the concerned officer to understand the content of the deed and surely the attestation faces no hassle.
Do I need a lawyer to make a Power of Attorney?
It’s not mandatory to hire a lawyer when your are well versed at Bangladeshi Laws and have adequate knowledge of property registration. The post attestation formalities are very complex and requires enough time and practical knowledge. To ensure that the document accurately reflects your intentions and complies with relevant laws and regulations you somehow shall consult with a property lawyer.
Why we are best for speedy processing of foreign power of attorney?
At advmsmishuk.com, we excel in swiftly processing foreign Power of Attorney documents. We prioritize efficiency and accuracy, ensuring that your paperwork is handled promptly and effectively. Our team works diligently to expedite the process, allowing you to proceed with your legal matters without delay. Our regular work experience with various client from UK, USA, Australia, Canada and others countries help us to keep ourselves up-to-date and well bonded with the local offices.
CONTACT ME
Matin Sarkaer Mishuk
Advocate, Supreme Court of Bangladesh
Email : ranamishuk@gmail.com
Phone : +8801929125100
WhatsApp: +8801929125100
Address : House no. 36, Road no. 13, Block: D, Banani, Dhaka-1213.
