MUSLIM PROPERTY MATTERS
POWER OF ATTORNEY
(MUKHTARNAMA)- as per The Power of Attorney Act VII of 1882)
What is a Power of
Attorney?
A Power of Attorney is an instrument empowering a specified
person or person to act for or in the name of the person executing it.
A Power of Attorney may be executed jointly by number of
person as the Principals. It may be executed in favour of one person or number of person as the
attorney or attorneys.
General and Special
Power of Attorney
A Power of Attorney is either General or Special.
If the appointment is made for a Specified Act or Acts, the
Deed is called “Power of Attorney”. If it is made generally authorizing the
Attorney to act generally or in more then one transaction for certain acts it
is called “General Power of Attorney”.
Who can execute a Power
of Attorney?
Any person who has the capacity to Contract can execute
Power of Attorney i.e. person must be major and sound of mind.
General Principles and
Rules of Construction of Power of Attorney
A Power of Attorney must be strictly construed as giving
only such powers as it confer expressly or by necessary implication.
One of the most important rules of construction of Power of
Attorney is that regards must be had to recitals, which as showing the scope
and object of Power which control, all the general terms in the operative part
of the instrument.
The General Power of Attorney does not necessarily give
unlimited authority to the attorney.
Where a Special Power of Attorney confers power to a person
to contract a particular suit pending in a particular court and does not
expressly gives power to engage an Advocate, for other litigation than the
Attorney does not have authority to
engage an Advocate and sign plaints etc.
Registration of Power of Attorney
The Registration of Power of Attorney is not compulsory, yet
the Courts are not bound to presume its genuineness unless it is registered.
However, it is to be executed before the “Notary Public” or
any “Court”, judge, Magistrate ,Pakistan Council or vice Council or the
representation of the Central Government because in that case any Court before
which it is produced shall presume its genuineness under Article 95 of The
Qanun-e-Shahadat Order:1984.
Duration of Power of Attorney
·
When power of attorney is given for a fixed
period power of attorney expires on lapse of time.
·
When power of attorney is given for a specific
act, on completion of such act, power of attorney terminates.
·
Power of attorney terminates on the death of the
principal/donor or the attorney/done.
·
Power of attorney can be terminated by giving
public notice of termination/revocation by the principle/donor.
Revocation
·
Power of attorney can be revoked by giving
public notice in newspaper
·
Power of attorney is always revocable but power
coupled with interest is irrevocable until the interest has been satisfied.
·
When Power of Attorney is part of security for
money then it is not revocable. This principle is applicable to every case
where a Power of Attorney is necessary to affect any security. But this rule of
common law does not apply to prevent revocation by death of principal.
·
No revocation of power of attorney if given for
consideration.
