Power of Attorney — Land

A power of attorney (mokhtar-nama) is a legal instrument by which one person (the principal / donor) authorises another (the attorney / donee) to act on the donor's behalf in specified matters. In Bangladesh powers of attorney are governed by the Powers-of-Attorney Act, 2012 (which replaced the colonial 1882 Act) and, for property transactions, must be registered under Section 17 of the Registration Act, 1908. A general power of attorney gives broad authority; a special power is limited to specific acts. For land / property transfers, sale, or long lease, an irrevocable PoA coupled with consideration is common — but Section 8 of the 2012 Act now requires irrevocable PoAs relating to immovable property to be registered and disclose the consideration, curbing the earlier practice of disguised sale-by-PoA.

Stamp & registrationUnder the Stamp Act, 1899 and current NBR SROs, a general power of attorney is executed on a Tk. 300 non-judicial stamp; a special PoA for immovable property attracts a value-based stamp under Article 48(f), typically 2% of the property value. Registration under Section 17 of the Registration Act, 1908 is mandatory for any PoA authorising sale, lease exceeding one year, or transfer of immovable property. An unregistered PoA for such transactions is inadmissible in evidence and the transfer executed under it can be challenged. Foreign-executed PoAs require apostille or Bangladesh consular attestation before use in Bangladesh.

What this agreement typically contains

Principal (donor) full name, father name, address, NID
Attorney (donee) full name, father name, address, NID
Relationship between principal and attorney
Recital of reason for granting the power (e.g. principal abroad, ill health)
Precise scope of authority — general or specific enumerated acts
Property description (for property PoAs) — mouza, dag, khatian, area
Whether revocable or irrevocable (and if irrevocable, the consideration)
Duration or termination event
Principal's signature, photograph, and thumb impression
Two witnesses; Sub-Registrar signature and seal (for registered PoAs)

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Frequently asked questions

Do I need to register a power of attorney in Bangladesh?: Registration is mandatory only for powers of attorney authorising sale, transfer, or lease exceeding one year of immovable property — Section 17(1)(g) of the Registration Act, 1908, read with the Powers-of-Attorney Act, 2012. General powers for movable property, banking, or litigation can be executed on stamp paper without registration. Even where not mandatory, registration adds strong evidentiary weight and protects the donee from later challenges. Registered PoAs are notarised by the Sub-Registrar and stored in the sub-registry records, making them nearly impossible to forge or repudiate.
Can I revoke a power of attorney I have granted?: A revocable PoA can be revoked by the principal at any time by written notice to the attorney and, where the PoA was registered, by registering a deed of revocation. An irrevocable PoA (typically coupled with consideration paid to the principal) cannot be unilaterally revoked — Section 202 of the Contract Act, 1872 protects the attorney whose interest is at stake. Death of the principal automatically revokes the PoA unless it is coupled with interest. Third parties dealing with the attorney in good faith without notice of revocation are protected under Section 208 of the Contract Act.
Can I grant power of attorney to my relative living abroad?: Yes. This is common for NRB (non-resident Bangladeshi) landowners who authorise a relative in Bangladesh to manage or dispose of property. The PoA can be executed by the NRB principal at the Bangladesh embassy / high commission where the principal resides — the consular officer attests the signature, giving the document legal effect in Bangladesh. Alternatively, execution in the foreign country with apostille under the Hague Convention (if the country is a party) is accepted. The properly-attested foreign PoA is then presented to the Sub-Registrar in Bangladesh for registration if the scope involves immovable property.

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What this agreement typically contains

Principal (donor) full name, father name, address, NID

Attorney (donee) full name, father name, address, NID

Relationship between principal and attorney

Recital of reason for granting the power (e.g. principal abroad, ill health)

Precise scope of authority — general or specific enumerated acts

Property description (for property PoAs) — mouza, dag, khatian, area

Whether revocable or irrevocable (and if irrevocable, the consideration)

Duration or termination event

Principal's signature, photograph, and thumb impression

Two witnesses; Sub-Registrar signature and seal (for registered PoAs)

Frequently asked questions

Do I need to register a power of attorney in Bangladesh?

Registration is mandatory only for powers of attorney authorising sale, transfer, or lease exceeding one year of immovable property — Section 17(1)(g) of the Registration Act, 1908, read with the Powers-of-Attorney Act, 2012. General powers for movable property, banking, or litigation can be executed on stamp paper without registration. Even where not mandatory, registration adds strong evidentiary weight and protects the donee from later challenges. Registered PoAs are notarised by the Sub-Registrar and stored in the sub-registry records, making them nearly impossible to forge or repudiate.

Can I revoke a power of attorney I have granted?

A revocable PoA can be revoked by the principal at any time by written notice to the attorney and, where the PoA was registered, by registering a deed of revocation. An irrevocable PoA (typically coupled with consideration paid to the principal) cannot be unilaterally revoked — Section 202 of the Contract Act, 1872 protects the attorney whose interest is at stake. Death of the principal automatically revokes the PoA unless it is coupled with interest. Third parties dealing with the attorney in good faith without notice of revocation are protected under Section 208 of the Contract Act.

Can I grant power of attorney to my relative living abroad?

Yes. This is common for NRB (non-resident Bangladeshi) landowners who authorise a relative in Bangladesh to manage or dispose of property. The PoA can be executed by the NRB principal at the Bangladesh embassy / high commission where the principal resides — the consular officer attests the signature, giving the document legal effect in Bangladesh. Alternatively, execution in the foreign country with apostille under the Hague Convention (if the country is a party) is accepted. The properly-attested foreign PoA is then presented to the Sub-Registrar in Bangladesh for registration if the scope involves immovable property.