What is Power of Attorney? 

power of attorney

Waris is another name for Power of Attorney in Nepali. According to Section 144 of the National Civil Code of 2017, the party to the lawsuit who appoints someone to initiate the case on his or her behalf is known as a warish. The warish may appear in court on behalf of the party involved in the case. can give testimony and perform all other tasks on behalf of the party to the case In Nepal, there are two kinds of Warish practices.

  • Simple Power of Attorney
  • authorized Power of Attorney

Simple Power of Attorney

A simple power of attorney can be used to appear in court and register a case. A power of attorney can also be delegated to a family member or any other individual sitting at home.

Authorized  Power of Attorney

An individual is granted authorized power of attorney in a lawsuit for the purpose of reaching a mutual consent agreement in the lawsuit, as well as selling and purchasing land by delegating all rights.

How to Create a Power of Attorney?

A duly authorized power of attorney If it is to be provided in Nepal, it can be provided in any district court of the country’s 77 districts.

Nepali Embassy in a Foreign Country

If you live in another country and want to sell or buy land in Nepal, or if you want to file a divorce suit in Nepal, you should contact the Nepal embassy. Then you can go to the Nepal embassy in your country of residence and give authorized power of attorney.

What are the basic requirements for obtaining an authorized Power of Attorney?

In Nepal, anyone can give another person the authority to represent or act on his or her behalf for the purpose of selling legally held property or representing himself or herself in court in a specific form. The person granting such power of attorney may seek attestation from the Embassy.

The Embassy may verify the signature of those providing Power of Attorney (POA), in which case the procedure outlined below should be followed.

Prepare the PoA (two copies) and an application from a Nepalese legal practitioner in the format specified.

Make an appointment at the Embassy for the attestation (or send an email).

Come to the Embassy in person with the necessary documents at the time of your appointment.

Pay the revenue and have the documents attested.

Documents required for all

  • Two original copies of Power of Attorney (drafted by a registered Nepalese legal practitioner and signed by him/her with full name and registration number, printed on Nepali paper)
  • Original application (drafted by a registered Nepalese legal practitioner and duly signed by him/her with full name and registration number, printed on Nepali paper)
  • Citizenship certificate (original and photocopy) (national ID for foreigners)
  • Passport (original and copy)
  • Each applicant and attorney must provide two photos taken within the last six months.
  • A copy of the attorney’s citizenship certificate attested by a Nepalese notary public.
  • If it is stated that the witnesses are to be presented in the Embassy, they must physically come to the Embassy; however, if only the names of the witnesses are mentioned, they must only sign the document.

Lack of willingness on the part of the power of attorney recipient

If the person who takes the power of attorney wishes to withdraw from the power of attorney, the power of attorney is canceled if the authorized power of attorney is returned.

  • Warish for bringing the suit
  • a photocopy of your passport
  • The lawsuit’s documentation
  • a copy of your citizenship
  • Marriage certificate
  • Relationship certificate
  • Power of Attorney for Land Purchase
  • 4 copies of the photograph
  • Receipt of the land-papers
  • a copy of the citizenship

How to cancel Power of Attorney?

Many people are surprised to learn that they can buy and sell real estate even if they are not physically present at the Land Revenue Office. The house and land registered in our names may be sold to others even if we are not present in the office.

People who live overseas or elsewhere in the country can delegate their power of attorney to a qualified individual to sell their lands. The person who obtains a power of attorney will have the same rights as those who are owners.

The person who has been granted a power of attorney is recognized in the same way as the main person conducting business. ‘ If a person is unable to perform the legal duties that require them to be present in the legal body, the authorized heir is the official person given the legal authority to do so.

If a person is unable to attend the office in order to sell, distribute, or barter any immovable property of his rights and ownership, or to make a donation, or to transfer a right in any other way, or to pass any deed requiring registration in accordance with the law, there is a legal provision to appoint an authorized heir by the authority to sell and distribute such property, or to transfer the right from a donation deed, or to pass any deed.

Power of Attorney Cancellation Procedure

The legal procedure must be followed in order to appoint heirs. Both the landlord and the heir must accompany the application to the district court.

The approved heir should be chosen from among members of the same family, close relatives, family members, or trustworthy friends as often as possible. Both the giver and taker must appear in court.

The competent district court completes the necessary steps, registers it, and forwards it to the bench after receiving the application.

The judge will keep both parties while explaining the reason for the course of action and will certify two copies, one of which will be kept in court and one will be delivered to the party in question.

If the landlord lives abroad, the Nepali embassy in the relevant country should confirm it, . The advocate must prepare the necessary paperwork, which includes the party’s photo, land deeds, proof of the recipient’s citizenship, and payment receipt, in order for the embassy to certify the authorized power of attorney.

The advocate must then notarize the paperwork before delivering it to the appropriate person via courier or other delivery service. Following receipt of the papers, the individual forwards them to the ambassador for signature.

Power of attorney invalidation

A person is given authorized power of attorney for a specific task with a time limit. Once that time period has passed, the power of attorney will no longer be valid. The heir’s power of attorney for that specific duty expires once the task is completed.

If you assign the power of attorney for a specific time period, the validity of the authorized power of attorney expires at the end of that time period. For example, if a power of attorney is granted for the divorce process, the power of attorney will expire once the divorce proceedings are completed.

Similarly, if a power of attorney is granted to sell land or a house, the power of attorney will expire once the land sale is completed.

Condition fulfillment

If the power of attorney is assigned with specific conditions, then if those conditions are met and the work is completed, the validity of the authorized power of attorney is restored.

New case created

If there is a disagreement between the assignor and assignee of the power of attorney. The authorized power of attorney is then revoked. If the assignor and assignee of a power of attorney file a lawsuit against each other.

Lack of willingness on the part of the power of attorney recipient

If the person who takes the power of attorney wishes to withdraw from the power of attorney, the power of attorney is canceled if the authorized power of attorney is returned.

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