Power of Attorney Bangladesh: Types, Registration, and Legal Risks

A Power of Attorney (POA) is a legal document authorizing one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in legal, financial, or property matters. In Bangladesh, POAs are governed by:

• Powers of Attorney Act 2012
• Registration Act 1908
• Transfer of Property Act 1882

A properly executed POA can authorise the agent to buy/sell land, file court cases, sign contracts, manage bank accounts, and engage in almost any legal act — within the scope defined in the document. Consult a civil lawyer in Dhaka before granting broad powers to any agent.

The two core types differ in scope:

• General Power of Attorney (GPA): Grants the agent broad authority over the principal's affairs — typically covering all property transactions, legal proceedings, and financial matters. GPAs are often used by NRBs (Non-Resident Bangladeshis) to manage affairs back home.
• Special Power of Attorney (SPA): Restricts the agent to a specific, defined act — for example, "to execute the sale deed for Plot No. X" or "to appear in Case No. Y." An SPA expires once the specific purpose is fulfilled.

Key rule: For property transactions, always use a Special POA specifying the exact property and transaction. Broad GPAs are a major source of fraud in Bangladesh.

Under the Registration Act, POAs are mandatory to register when they relate to:

• Transfer of immovable property (land, flat, building).
• Receiving consideration (payment) for property.
• Filing suits relating to immovable property.

Unregistered POAs for property transactions are legally invalid and will not be accepted by the Sub-Registrar's office for executing deeds. Registration fees apply based on the value of the property or transaction covered.

For Bangladeshis abroad (NRBs), the POA must go through additional authentication steps:

1. Draft the POA in Bangladesh or abroad.
2. Have it notarized by a local notary or court in the foreign country.
3. Get it authenticated (apostilled or attested) at the Bangladeshi Embassy or High Commission in that country.
4. Upon arrival in Bangladesh, submit it to the Sub-District (Upazila) Land Registry for local verification if property matters are involved.

Countries that are signatories to the Hague Apostille Convention can use apostille stamps; others require full embassy attestation. Advocate Md. Shah Alam in Uttara assists NRB families with the full POA authentication and registration process.

POA fraud is rampant in Bangladesh. Common schemes include:

• Forged POAs: Fake documents presented to Sub-Registrars to sell land without the owner's knowledge.
• Broad GPAs exploited: An agent with a General POA sells or mortgages property that was not intended to be touched.
• POAs from deceased persons: Using old POAs after the principal has died — legally void but fraudulently misused.

If you suspect your POA has been forged or misused, take immediate legal action — file FIR and apply for a court injunction to halt any resultant transaction.

No. A POA automatically terminates on the death of the principal. Any act performed by the agent after the principal's death is invalid and potentially fraudulent. Heirs should immediately cancel any outstanding POAs upon a principal's death.

Yes. A POA can be revoked by the principal at any time (unless it is an "irrevocable POA" coupled with an interest). Revocation should be in writing, registered, and notice given to third parties who relied on the POA.

Yes. The NRB executes the POA abroad, has it notarized locally, authenticates it at the Bangladesh Embassy, and it becomes valid in Bangladesh after local verification. Most major cities have Bangladesh Embassies or High Commissions to assist with this.