In Nepal, a Power of Attorney (POA) is a widely used legal instrument through which one person, called the principal (“mukhya byakti”), grants authority to another person, known as the attorney or agent (“Waris/वारिस”), to represent and act on their behalf in legal, financial, or administrative matters.
A Waris is permitted to appear before the court on behalf of the principal party, submit necessary documents, provide statements or testimony, respond to the court’s questions, and perform all procedural and legal duties required in the case. Such appointment must be made through a duly executed Power of Attorney, which clearly specifies the extent of authority conferred on the representative. This mechanism is particularly beneficial for individuals who cannot personally attend court due to reasons such as living abroad, physical incapacity, health concerns, or other justifiable circumstances.
The responsibilities of a Waris are not confined solely to court representation; they may also cover other legal activities such as:-
· Legal and Court Representation: Authorizes a representative to appear in court, sign legal documents, and attend hearings when the principal cannot be present due to illness, travel, or residence abroad.
· Propertyand Real Estate Management: Enables buying or selling property, handling Land Revenue Office (Malpot Karyalaya) procedures, paying land taxes, transferring ownership, and collecting rent.
· Bankingand Financial Matters: Allows management of bank accounts, deposits and withdrawals, and collection of pensions, dividends, or other financial claims.
· Governmentand Administrative Work: Permits signing and submitting documents, attending official meetings, and applying for or renewing licenses, permits, and certificates.
Types of Power of Attorneys
In Nepal, a Warishnama (Power of Attorney) can be executed in two ways.
- General power of attorney (Sadharan Waresh)
- Authorized power of attorney (Adhikrit Waresh)
General power of Attorney
A simple Power of Attorney is a legal document that authorizes a person (attorney or Waris) to perform routine legal or administrative tasks on behalf of another person (authority provider). It is commonly used when the authority provider cannot manage matters personally due to absence, illness, or living abroad.
The powers granted are generally limited and non-complex, such as filing or defending cases, submitting applications or written statements, collecting documents, and attending court or government offices. The attorney may act only within the scope clearly stated in the document.
In Nepal, a simple Power of Attorney is usually drafted and registered at the concerned District Court. The document must include full identification details of both parties, along with copies of citizenship certificates, photographs, and the signature or thumbprint of the authority provider.
This type of POA is mainly used for procedural and legal convenience and does not usually cover major decisions or property transactions.
Authorized power of attorney in Nepal
An Authorized Power of Attorney is granted for high-responsibility and significant legal acts. It allows the attorney to file or withdraw cases, submit statements of defense, enter into compromises, transfer ownership of property, execute gift deeds, or perform other major legal actions on behalf of the authority provider. It is commonly used when the person concerned cannot appear personally, especially in property matters or court cases.
Modes of Execution
Within Nepal: Executed and authenticated at the concerned District Court.
Outside Nepal: Executed and authenticated at a Nepali Embassy or Consular Office.
The authority provider must sign and affix a thumb impression in the presence of a District Judge (in Nepal) or a Nepali Ambassador/Consul General (abroad). Photographs of both parties and copies of their citizenship certificates or passports must be attached.
Authentication fees are generally NPR 500 for family members and NPR 5,000 for non-family members within Nepal, while fees abroad vary by country.
This form of POA is widely used by Nepalese living abroad to manage cases in Nepal, such as divorce, property partition, or transfer of immovable property.
Documents Required
- Citizenship certificates of both parties
- Two photographs of each party
- Copy of witness’s citizenship
Eligibility Require for Appointment as a Legal Representative
According to Section 145 of the National Civil Procedure Code, 2017, the following eligibility criteria must be met to appoint a legal representative.
- Legal Capacity: The individual must possess the legal competence to enter into contracts in accordance with prevailing laws.
- Absence of Financial Liabilities to the State: The person must not have any outstanding obligations to the government, including unpaid court expenses, legal fees, fines, or penalties resulting from the enforcement of a judicial decision.
- Integrity and Moral Standing: The individual must not have been convicted of any criminal offense involving Immorality including but not limited to forgery, fraud, or corruption.
Provided that, the Above-mentioned conditions shall not prohibit the appointment of a sole legal representative, where such role is found to be appropriate.
Termination of Authorized Power of Attorney
An authorized POA ends when:
- Power of authorized attorney specifies any certain act, purpose and period, and such act, purpose, or period gets completed or expires.
- Power of authorized attorney is so executed that it will cease to exist after the completion or termination of any specific event or circumstance and such an event or circumstance gets completed or does not exist,
- A person appointing an attorney voids the power of attorney by publishing a notice in any two national daily newspapers.
- The person appointing attorney or the attorney dies before the completion of the act referred to in the power of attorney,
- If the concerned person appears in person and transfers or exchanges the right in the property intended to be transferred or exchanged through attorney,
- If a case is filed in a court between the person appointing the attorney and the attorney or a person of his or her joint family about the property referred to in the power of attorney,
- If any case is filed in a court between the person appointing the authorized attorney and the attorney,
- If the authorized attorney gives the person appointing him or her information in writing expressing his or her unwillingness to act in such a capacity, accompanied by the original copy of the power of authorized attorney.
Overall, the concept of Power of Attorney under the Muluki Civil Procedure Code, 2074 ensures lawful representation and smooth handling of both simple and complex matters. By requiring formal authentication and setting clear termination rules, Nepali law balances convenience with accountability and protection of the principal’s rights.