Power of Attorney in Bangladesh: A Complete Legal Guide for Property Owners, NRBs and Businesses

Execution, registration, overseas authentication, revocation and practical safeguards under Bangladesh Power of Attorney law.

By: Sawdip Roy Sajib·24–28 min read·
Power of Attorney in Bangladesh 2026 legal guide by Advocate Sawdip Roy Sajib

Key points

Last reviewed: 25 August 2026

A Power of Attorney can allow another person to manage property, complete a transaction, deal with a bank, sign documents or perform specified legal and administrative functions on behalf of the person granting the authority.

However, a Power of Attorney is not merely a signed authorisation letter. Its validity and legal effect depend on the nature of the authority, the language of the instrument, proper stamping, authentication, registration where required, and compliance with the applicable statutory procedure.

This distinction is particularly important in property transactions and in Powers of Attorney executed outside Bangladesh. A defectively drafted or improperly processed instrument may be rejected by a Sub-Registrar, bank, court or government authority—and may also expose valuable property to fraud or unauthorised dealings.

This guide explains the current law and practice relating to Powers of Attorney in Bangladesh, including the significant changes affecting overseas execution.

  • A Power of Attorney delegates authority; it does not ordinarily transfer ownership.
  • The attorney can exercise only the authority granted by the instrument, together with lawful incidental authority recognised by law.
  • An irrevocable Power of Attorney falling within section 2(4) of the Power of Attorney Act, 2012 must be registered.
  • A POA authorising an agent to present or admit execution of a registrable deed must comply with sections 32 and 33 of the Registration Act, 1908.
  • Notarisation is not a universal substitute for statutory authentication or registration.
  • Every class of POA executed outside Bangladesh must follow Rule 10 of the Power of Attorney Rules, 2015.
  • A general POA ordinarily terminates on the principal’s death or incapacity, but an irrevocable POA may continue and bind heirs or successors.
  • A POA cannot lawfully delegate certain inherently personal functions, including execution of a will, declaration of gift or heba, adoption authority and execution of a trust deed.
  • The description placed at the top of the document does not determine its legal character; its substance and powers do.

Select a topic to read the detailed guidance

1. What Is a Power of Attorney?

Section 2(1) of the Power of Attorney Act, 2012 (opens in a new tab) defines a Power of Attorney as an instrument by which one person lawfully authorises another person to perform the acts described in that instrument on the former’s behalf.

The parties are commonly described as:

  • Principal, donor or grantor: the person granting the authority;
  • Attorney, donee or agent: the person receiving the authority.

The word “attorney” in this context does not necessarily mean an advocate or lawyer. It means an authorised agent.

The underlying agency relationship is also governed, where consistent with the 2012 Act, by Chapter X of the Contract Act, 1872 (opens in a new tab). Section 182 describes an agent as a person employed to perform an act for another or to represent another in dealings with third parties.

2. What Does a Power of Attorney Actually Do?

A valid POA may authorise the attorney to perform one or more functions, such as:

  • managing identified property;
  • collecting rent and issuing receipts;
  • paying land development tax or utility charges;
  • applying for mutation or correction of land records;
  • signing or presenting specified documents;
  • entering into a contract within defined limits;
  • operating a designated bank account, subject to the bank’s requirements;
  • representing the principal before specified government offices;
  • conducting defined business or corporate compliance functions;
  • making authorised appearances, applications or procedural acts in legal proceedings;
  • executing a sale, mortgage or other instrument when such authority is expressly and lawfully granted.

Section 7 of the Power of Attorney Act provides that acts lawfully performed by the attorney have legal effect as if they had been performed by the principal.

However, this does not mean that every act of the attorney binds the principal. Under sections 227 and 228 of the Contract Act, acts beyond the attorney’s authority may not bind the principal, particularly where the unauthorised portion cannot be separated from the authorised transaction.

Example

Rahman authorises Karim only to collect rent, pay taxes and supervise repairs concerning an apartment. Karim cannot rely on that management authority to sell the apartment. A power to manage property does not ordinarily imply a power to dispose of it.

By contrast, if the instrument expressly authorises Karim to negotiate a sale, execute the sale deed, receive consideration and complete registration, the document may fall within the statutory definition of an irrevocable POA and must satisfy the corresponding legal formalities.

3. The Principal Laws Governing Powers of Attorney

The legal framework includes:

  1. The Power of Attorney Act, 2012;
  2. The Power of Attorney Rules, 2015;
  3. S.R.O. No. 54-Law/2025, amending the 2015 Rules;
  4. The Registration Act, 1908;
  5. The Registration (Amendment) Act, 2026;
  6. The Stamp Act, 1899;
  7. The Contract Act, 1872;
  8. The Transfer of Property Act, 1882;
  9. Applicable procedural, banking, company, land and court rules.

Section 3 of the Power of Attorney Act permits the application of provisions found in other laws, provided they are consistent with the 2012 Act.

The former Powers-of-Attorney Act, 1882 was repealed by section 16 of the 2012 Act. References to the repealed 1882 Act should therefore not be used as the primary legal foundation for a new POA in Bangladesh.

4. Types of Power of Attorney Under Bangladeshi Law

Descriptions such as “General Power of Attorney” and “Special Power of Attorney” are often used loosely. The statutory classification is more precise.

4.1 General Power of Attorney

Section 2(7) of the 2012 Act defines a general POA as a POA concerning a matter other than those classified as irrevocable under section 2(4).

Therefore, a general POA is not necessarily broad. It may contain extensive administrative powers, or it may be limited to a single matter that does not fall within the statutory definition of an irrevocable POA.

Examples may include authority to:

  • collect rent;
  • manage a business;
  • operate an account;
  • appear before a tax or regulatory authority;
  • pay taxes and charges;
  • manage litigation-related procedural matters;
  • supervise property without selling or mortgaging it.

A general POA can ordinarily be revoked by following the procedure prescribed in section 11(2).

4.2 Special Power of Attorney

Under Rule 2 of the Power of Attorney Rules, 2015, a “Special Power of Attorney” has a specific statutory meaning. It is a POA prepared under section 33 of the Registration Act for authentication purposes.

Rules 6 and 7 contemplate its use where, for example:

  • the principal has executed a deed but authorises the attorney to present it for registration and admit execution;
  • the attorney presents a deed executed by the principal;
  • the attorney presents a deed executed in favour of the principal.

In everyday practice, lawyers sometimes use “special POA” to describe any narrowly drafted authority for a particular act. That practical usage should not be confused with the narrower definition under the Rules.

4.3 Irrevocable Power of Attorney

Section 2(4) defines an irrevocable POA by reference to its substance. It includes authority granted for:

  • selling immovable property;
  • executing a contract for sale of immovable property;
  • mortgaging immovable property against a loan;
  • land development and related execution of documents where consideration is involved.

Section 6(1) makes registration of an irrevocable POA compulsory.

Calling a document “General Power of Attorney” will not avoid registration if its actual provisions bring it within section 2(4). Rule 5(4) reinforces this principle by providing that the legal nature of the instrument is determined by its contents, not by the stamp duty paid or the label used.

5. Is Registration Mandatory?

The statement that “every POA relating to immovable property must be registered” is too broad.

The more accurate position is:

Irrevocable POA

Registration is mandatory under section 6(1) of the Power of Attorney Act.

POA used to present a registrable document

Where an agent will present a document for registration, the POA must be executed and authenticated in accordance with sections 32 and 33 of the Registration Act, 1908 (opens in a new tab).

General property-management POA

A POA limited to management, rent collection, payment of taxes or similar functions does not automatically become an irrevocable POA merely because land is mentioned. Nevertheless, registration may be advisable or required in practice by the relevant office, institution or intended transaction.

Important warning

Registration does not cure every defect. A registered document can still be challenged for fraud, forgery, coercion, incapacity, absence of title, illegality or conduct exceeding the authority granted.

Registration satisfies an important formal requirement and creates an official record; it does not guarantee that the principal owns the property or that the transaction is otherwise lawful.

6. Is Notarisation Always Required?

No. Notarisation and registration are different legal processes, and notarisation is not a universal substitute for statutory authentication.

For a POA executed by a principal residing in Bangladesh and intended to authorise presentation of a document for registration, section 33(1)(a) of the Registration Act requires execution before and authentication by the Registrar or Sub-Registrar within whose jurisdiction the principal resides.

Section 33 provides different rules where the principal resides elsewhere in Bangladesh or outside the country.

A notarised POA may be accepted for certain administrative, banking, commercial or evidentiary purposes, depending on the applicable law and the requirements of the receiving institution. But notarisation alone will not satisfy a requirement for registration or section 33 authentication.

7. Who May Grant a Power of Attorney?

Section 183 of the Contract Act requires the principal to be:

  • of the age of majority;
  • of sound mind;
  • legally capable of appointing an agent.

The principal must understand the nature and consequences of the authority being granted and must execute the instrument voluntarily.

A POA may be challenged where its execution was caused by:

  • fraud;
  • coercion;
  • undue influence;
  • misrepresentation;
  • forgery;
  • lack of mental capacity.

Where the principal is elderly, seriously ill or otherwise vulnerable, contemporaneous medical evidence, independent legal advice and carefully documented execution can materially reduce the risk of a later capacity or undue-influence dispute.

8. Who May Be Appointed as Attorney?

Section 184 of the Contract Act technically provides that any person may act as an agent in relation to third parties, but a minor or person of unsound mind cannot be responsible to the principal in the same way as a competent adult.

For legal and practical protection, an attorney should ordinarily be:

  • an adult of sound mind;
  • trustworthy and financially responsible;
  • capable of maintaining accounts and records;
  • free from undisclosed conflicts of interest;
  • available to complete the relevant work;
  • familiar with the subject matter.

Trust should not be the only safeguard. Even a close relative should receive no more authority than is reasonably necessary.

9. Powers That Cannot Be Delegated

Rule 4 of the Power of Attorney Rules restricts delegation of certain functions. A POA cannot be used to confer authority to:

  • execute a will;
  • present for registration a will executed by the principal;
  • execute an authority relating to adoption, or present such an instrument for registration;
  • make a declaration of gift or heba;
  • execute a trust deed;
  • perform any other act prohibited by a general or special government order.

These are significant restrictions. A broadly drafted sentence purporting to authorise the attorney to execute “every kind of deed” cannot override them.

Although the Registration (Amendment) Act, 2026 expanded section 52A of the Registration Act to include gifts and declarations of heba, the prohibition in Rule 4 against delegating such declarations through a POA remains material.

11. Essential Drafting Requirements

Rule 3 requires a POA to state the necessary particulars concerning:

  • the principal’s intention and purpose;
  • the attorney’s duties and powers;
  • limitations on those powers;
  • the duration of the authority, where applicable;
  • conditions attached to the authority;
  • whether multiple principals or attorneys will act jointly, separately or jointly and separately;
  • financial transactions and responsibilities;
  • the relevant movable or immovable property;
  • particulars required by section 52A of the Registration Act, where applicable.

A properly drafted instrument should also address:

  • full identity and address of each party;
  • source and scope of the principal’s title;
  • exact property schedule;
  • authority to receive or not receive money;
  • approved payment method and account;
  • power to sign, present and admit execution of specified documents;
  • whether substitution or sub-delegation is allowed;
  • accounting and document-retention obligations;
  • conflict-of-interest restrictions;
  • expiry and termination;
  • notice addresses;
  • return of originals following termination.

Property description

Where land is involved, the schedule should identify, as applicable:

  • district, upazila or thana and mouza;
  • JL number;
  • CS, SA, RS, BS, city survey or mutation khatian;
  • dag or plot number;
  • class and area of land;
  • boundaries;
  • title deed number, date and registration office;
  • the principal’s share where the property is jointly owned.

A vague expression such as “all my land in Bangladesh” creates avoidable risk.

12. Multiple Principals and Multiple Attorneys

Where there is more than one attorney, the document should say whether they may act:

  • jointly;
  • separately or severally;
  • jointly and separately;
  • by majority decision.

Without clear wording, a bank, Sub-Registrar or counterparty may refuse to act because it is uncertain whether every attorney’s signature is required.

For an irrevocable POA, section 8 addresses the death of a joint principal, while section 9 provides that the death of one of several attorneys does not automatically cancel the instrument as against the surviving attorneys.

13. Procedure for Executing a POA in Bangladesh

The precise procedure depends on the nature and intended use of the document.

Step 1: Identify the transaction

Determine whether the authority concerns management, presentation of a deed, sale, mortgage, development, banking, litigation or another function.

Step 2: Determine the statutory category

Consider whether the document is:

  • general;
  • special for registration authentication; or
  • irrevocable under section 2(4).

This determines whether registration is compulsory and what procedure applies.

Step 3: Verify title and capacity

For a property POA, review the title documents, khatians, mutation, land development tax, possession, encumbrances, pending litigation and the principal’s legal capacity.

A POA should not be drafted on the assumption that the principal has a valid and transferable title.

Step 4: Prepare the prescribed form and attachments

The Rules prescribe forms and require relevant identity documents, photographs, signatures or thumb impressions and, for property matters, a proper schedule and affidavit where applicable.

Step 5: Pay the correct stamp duty

Under Rules 5 and the Stamp Act, 1899 (opens in a new tab), the applicable duty depends on the legal character of the instrument.

There is no single universal “POA cost.” Different duties apply to registration-only authority, general authority, irrevocable authority without consideration and consideration-backed irrevocable authority.

Step 6: Authenticate or register

Complete authentication under section 33 where applicable and register the document if it is an irrevocable POA or registration is otherwise legally required.

Step 7: Provide controlled copies

Provide copies only to institutions that must rely on the authority. Maintain a record of every person or office receiving the POA so that they can be notified promptly if it is revoked or terminated.

14. Power of Attorney Executed Outside Bangladesh

Foreign execution requires particular care. Rule 10 applies to special, general and irrevocable POAs executed outside Bangladesh.

The High Court Division confirmed in *Abu Khair Md. Nazmul Huq and others v Bangladesh and others*, 18 SCOB [2023] HCD 247, that Rule 10 does not exempt a general POA. The prescribed post-execution requirements must be followed for every class of POA executed abroad. The Court found the foreign-executed general POA in that case invalid for non-compliance, affecting the maintainability of the proceeding. The decision is reported in the Supreme Court Online Bulletin (opens in a new tab).

14.1 Preparation and execution abroad

The document should ordinarily:

  • follow Schedule Ka, Form 3;
  • be prepared in original and duplicate;
  • contain the required particulars and attachments;
  • carry recent photographs of the principal and attorney;
  • be signed and thumb-marked as prescribed;
  • be executed or re-executed before a competent officer recognised under section 33(1)(c) of the Registration Act.

Section 33(1)(c) recognises execution and authentication before a Notary Public, Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul or a representative of the Government, where the principal does not reside in Bangladesh.

The concerned Bangladesh mission may impose appointment, personal-appearance, document and fee requirements. Its current instructions should be checked before execution.

15. The 2025 Amendment for NRBs and Persons of Bangladeshi Origin

S.R.O. No. 54-Law/2025 amended the Power of Attorney Rules on 12 February 2025. The amendment is recorded in the Bangladesh Government Press Gazette (opens in a new tab).

The amendment expanded the identity-document options for a POA executed abroad. Depending on the person’s circumstances, identification may now be based on:

  • a Bangladeshi passport;
  • a foreign passport containing a No Visa Required endorsement for a person of Bangladeshi origin;
  • a National Identity Card;
  • a birth registration certificate.

The amendment also inserted Rule 10(4ka), requiring the authenticated original and copy to be sent to Bangladesh within six months of authentication.

This development is particularly important for persons of Bangladeshi origin who have acquired foreign citizenship or no longer hold a current Bangladeshi passport.

16. What Must Be Done After the POA Arrives in Bangladesh?

Under Rule 10(5), the attorney must calculate time from the document’s first entry into Bangladesh and complete the following:

Within two months

Submit the authenticated original and copy to the Ministry of Foreign Affairs, or another authorised officer, for the required domestic authentication.

Within three months

Complete stamping under the Stamp Act or pay the applicable duty through a legally recognised mode.

Section 18 of the Stamp Act also allows an instrument executed outside Bangladesh to be stamped within three months after it is first received in Bangladesh.

Within four months

Where registration applies, present the original to the appropriate Sub-Registrar with the required fees.

Important 2026 timing issue

The Registration (Amendment) Act, 2026 (opens in a new tab) amended section 26 of the Registration Act by extending the statutory period for acceptance of a document executed outside Bangladesh from four months to six months after arrival.

However, Rule 10(5)(c) of the Power of Attorney Rules still expressly states four months for presenting an applicable POA for registration.

Until the Rules are amended or authoritative clarification is issued, the safer course is to comply with the shorter four-month deadline. The six-month provision should not be treated as permission to disregard the existing POA-specific Rule.

Power of Attorney process at a glance

Define

State the exact authority, limits, property and duration

Verify

Check identity, legal capacity, title and supporting records

Formalise

Complete the required authentication, stamping and registration

Control

Track copies, money, reporting duties, expiry and revocation

A practical overview only. The correct formality depends on the instrument, transaction and place of execution.
17. Does a Power of Attorney Transfer Ownership?

A POA does not, by itself, ordinarily transfer ownership of immovable property.

Section 54 of the Transfer of Property Act, 1882 (opens in a new tab) provides that a sale of tangible immovable property can be made only through a registered instrument. A contract for sale also does not itself create an interest in or charge over the property.

A registered POA may authorise the attorney to execute a sale deed on behalf of the owner. Ownership passes through the properly executed and registered conveyance—not merely because the attorney possesses a POA.

A consideration-backed development or irrevocable POA may create significant contractual and statutory rights between the parties. It should not, however, be treated as a substitute for the conveyance required to transfer title to the ultimate purchaser.

18. Can an Attorney Sell the Principal’s Property?

Yes, but only where:

  • the principal has transferable title;
  • the POA expressly and lawfully grants the necessary authority;
  • the POA satisfies the definition and formalities applicable to an irrevocable POA;
  • the relevant property is precisely identified;
  • the sale complies with the Transfer of Property Act, Registration Act and other applicable land laws;
  • the authority remains effective at the time of execution and registration;
  • any approval imposed by the relevant authority, lease, allotment or development scheme has been obtained.

For example, properties administered by RAJUK or another development authority may be subject to lease conditions or approval requirements. A POA cannot override those restrictions.

19. Can a POA Be Used in Court?

Order III, Rules 1 and 2 of the Code of Civil Procedure recognise a person holding a POA as a recognised agent for authorised appearances, applications and acts.

This does not automatically give a non-advocate the professional right to plead a case as a lawyer. The court may also direct the party to appear personally.

A litigation POA should clearly identify:

  • the case or class of proceedings;
  • authority to sign and verify pleadings or affidavits where legally permissible;
  • authority to appoint and instruct advocates;
  • authority to receive notices and documents;
  • authority to compromise or withdraw proceedings, if intended.

A general statement authorising the attorney to “do everything in court” should be avoided.

20. Can a POA Be Used for Banking and Business?

A POA may authorise banking or business functions, but banks and regulated institutions may apply their own:

  • account mandates;
  • KYC requirements;
  • specimen-signature requirements;
  • transaction limits;
  • risk and compliance procedures.

A generic POA does not compel a bank to permit every transaction mentioned in it.

For a company or other legal entity, the POA should also be supported by the necessary board resolution, constitutional authority and execution requirements under the applicable company or organisational law.

21. Revocation of a General Power of Attorney

Section 11(2) allows the principal to terminate the authority granted under a general POA by giving the attorney 30 days’ notice through registered post.

The attorney may similarly renounce the responsibility by giving the principal 30 days’ registered notice under section 11(3).

Acts performed before the termination notice is issued remain valid under the statutory proviso.

Under section 208 of the Contract Act, termination does not take effect against the attorney before it becomes known to the attorney, or against a third party before it becomes known to that third party.

Therefore, sending a notice only to the attorney may not be enough to prevent further reliance by others.

Practical revocation steps

A properly managed revocation should ordinarily include:

  1. preparation of a written revocation or termination notice;
  2. service by registered post with proof of delivery;
  3. filing the prescribed notice with the relevant Sub-Registrar or competent authority;
  4. registration of a revocation instrument where required or appropriate;
  5. notification to banks, tenants, buyers, developers, land offices and counterparties;
  6. recovery or cancellation of original and certified copies where possible;
  7. public notice where the risk of third-party reliance justifies it.

Newspaper publication is a risk-management measure in appropriate cases; it is not a substitute for statutory notice and record-filing requirements.

22. Can an Irrevocable POA Be Terminated?

“Irrevocable” does not mean that the document can never end under any circumstances.

Under section 4(3), where the purpose or conditions of an irrevocable POA are frustrated, or a party suffers loss, the principal or attorney may initiate termination by giving 30 days’ registered notice and sending a copy to the relevant Sub-Registry Office.

The effect of the authority is suspended following notice while the statutory dispute-resolution process is pending. If action under section 13 has been initiated, final termination cannot take place until that process is finally resolved.

The consequences of terminating a consideration-backed development or property POA can be substantial. Such a document should not be revoked through a routine notice without reviewing the underlying contract, payments, possession, construction, third-party sales, mortgages and accrued rights.

23. Statutory Dispute-Resolution Procedure

Section 13 provides a staged process for disputes arising from a registered POA:

  1. The parties must first attempt an amicable settlement.
  2. If that effort fails because of a party’s non-cooperation, the other party may issue notice proposing resolution through a neutral mediator.
  3. The parties are to appoint the mediator jointly within 30 days after receipt of the notice.
  4. The mediator’s decision is stated to be binding on the parties and persons claiming through them.
  5. If the parties fail to appoint a mediator, either party may bring proceedings before a competent court.

The notice, appointment and mediation process should be documented carefully because non-compliance can affect the maintainability and timing of subsequent proceedings.

24. When Does a Power of Attorney Terminate Automatically?

Under section 11(1), a POA terminates when:

  • the specific authorised act has been completed;
  • the special purpose has been achieved;
  • its prescribed term expires, subject to the statutory treatment of development POAs;
  • its subject matter is destroyed or ceases to exist;
  • in the case of a POA other than an irrevocable POA, the principal dies, becomes insolvent or of unsound mind, or the principal legal entity is dissolved.

General agency law under section 201 of the Contract Act also recognises termination on completion, revocation, renunciation, death or unsoundness of the principal or agent, subject to statutory exceptions.

25. Does Every POA End When the Principal Dies?

No. This is one of the most important distinctions in Bangladeshi POA law.

General POA

A general POA ordinarily terminates if the principal dies or becomes of unsound mind.

Irrevocable POA

Section 4(6) provides that where a party to an irrevocable POA dies or becomes legally incapable before its expiry, the rights and liabilities arising from the instrument may pass automatically to the lawful heirs or successor, subject to the statutory exception concerning a sole attorney.

Sections 8 and 9 contain additional rules for joint principals and joint attorneys.

Section 202 of the Contract Act also recognises that an agency in which the agent has an interest in the subject matter cannot ordinarily be terminated to the prejudice of that interest merely by the principal’s death or insanity.

Consequently, the broad statement that “all transactions after the principal’s death are void” is legally inaccurate.

26. What About Acts Performed Without Knowledge of Death or Revocation?

Section 10 of the Power of Attorney Act addresses acts and payments made in good faith without knowledge of the principal’s death, mental incapacity, insolvency or termination of the authority.

Section 208 of the Contract Act similarly protects certain dealings occurring before termination becomes known to the attorney or third party.

The application of these protections is fact-sensitive. Knowledge, notice, good faith, timing and the nature of the POA will all be relevant.

27. Common Risk Scenarios

Scenario 1: Management authority used as sale authority

An owner authorises a relative to manage land, collect rent and pay taxes. The relative later attempts to sell it.

Unless the instrument grants valid sale authority and satisfies the formalities applicable to an irrevocable POA, the sale is vulnerable to rejection or challenge.

Scenario 2: Broad authority with no payment control

An attorney is authorised to sell property and “receive all money” without identifying the account into which the purchase price must be deposited.

A safer document would require payment directly into a named account of the principal, prohibit cash receipt above a stated amount and require documentary reporting.

Scenario 3: NRB document is authenticated but not processed in Bangladesh

An expatriate executes a POA abroad and assumes mission or notarial authentication is the final step.

If the post-arrival MOFA authentication, stamping and applicable registration are not completed within the prescribed periods, the document may be rejected.

Scenario 4: Death is wrongly treated as ending an irrevocable development POA

A landowner dies during an ongoing development project. The heirs assume the developer’s authority has automatically disappeared.

Section 4(6) may instead pass the relevant rights and liabilities to the lawful heirs or successors. Any attempted cancellation should be assessed under sections 4 and 13.

Scenario 5: Attorney appoints another person without authority

An attorney who was personally selected for a sensitive transaction hands the work to a third person.

Unless sub-delegation is permitted by the instrument, applicable custom or the nature of the agency, section 190 of the Contract Act may prevent the substitute from binding the principal.

28. Safeguards for a Principal Granting a POA

Before signing:

  • appoint only a reliable and competent attorney;
  • prefer a transaction-specific authority where practicable;
  • identify each property precisely;
  • separate management authority from sale authority;
  • specify the duration;
  • state whether multiple attorneys act jointly or separately;
  • prohibit undisclosed self-dealing;
  • control receipt and transfer of money;
  • limit sub-delegation;
  • require periodic accounts and delivery of documents;
  • retain certified copies and execution records;
  • record where copies have been submitted;
  • review the authority periodically.

The safest POA is not necessarily the shortest document. It is the document that grants sufficient authority for the intended purpose while excluding unnecessary power.

29. Due Diligence for Buyers and Third Parties

A buyer or institution relying on a POA should verify:

  • the principal’s identity and title;
  • the attorney’s identity;
  • whether the original is available;
  • the registration or authentication particulars;
  • the exact powers granted;
  • the property schedule;
  • whether the document remains within its term;
  • whether the principal or attorney has died or become incapable;
  • whether a revocation or termination notice has been recorded;
  • whether the consideration may be paid to the attorney;
  • whether approvals from RAJUK, a lessor, bank or another authority are required;
  • whether pending litigation, mortgage, attachment or acquisition affects the property.

Possession of a registered POA should never replace independent investigation of the principal’s title.

30. Stamp Duty, Registration Fees and Overall Cost

There is no reliable single figure for the cost of every POA in Bangladesh.

The total may include:

  • stamp duty;
  • registration and record-related fees;
  • applicable taxes, service charges and duties;
  • affidavit, copy and documentation costs;
  • mission or consular charges;
  • authentication charges;
  • professional drafting and due-diligence fees.

The Stamp Act applies different duties according to the legal nature of the instrument. A consideration-backed irrevocable POA may attract value-based duty, while other categories may attract specified fixed duties.

Section 12 of the Power of Attorney Act provides that the registration fee for an irrevocable POA is determined under section 78 of the Registration Act. Section 80 of the Registration Act, as amended in 2026, requires applicable fees, taxes, service charges and duties to be paid on presentation.

Because statutory rates and administrative charges can change, the cost should be confirmed from the current official schedule on the intended date of execution. Private professional fees should not be represented as government charges.

31. The 2026 E-Registration Framework

The Registration (Amendment) Act, 2026 inserted section 77A into the Registration Act, creating a legal basis for digital presentation, admission and registration of documents using government-approved software.

This is an enabling provision. Its practical application depends on implementing rules, approved systems and operational availability at the relevant registration office.

Parties should not assume that a POA can be completed entirely online unless the competent authority has activated the relevant procedure.

Frequently Asked Questions

1. What is a Power of Attorney in Bangladesh?

It is a legal instrument by which one person authorises another to perform identified acts on the former’s behalf.

2. Does every POA concerning land require registration?

Not automatically. Registration is expressly compulsory for an irrevocable POA under section 6(1). A POA used for presentation of a registrable document must also satisfy sections 32 and 33 of the Registration Act.

3. Is notarisation sufficient?

Not where the law requires section 33 authentication or registration. Notarisation, authentication and registration serve different functions.

4. Can a general POA authorise the sale of property?

If it grants authority falling within section 2(4), its substance may make it an irrevocable POA regardless of the title placed on the document. Registration and other applicable formalities would then be necessary.

5. Can an NRB execute a POA abroad?

Yes. The instrument must comply with Rule 10, the prescribed form, identity requirements, foreign authentication and the applicable post-arrival procedures in Bangladesh.

6. Is a Bangladeshi passport always required after the 2025 amendment?

No. Depending on the person’s circumstances, an NVR-endorsed foreign passport, NID or birth registration certificate may also be used under the amended Rules.

7. How quickly must a foreign POA be sent to Bangladesh?

The 2025 amendment requires the authenticated original and copy to be sent to Bangladesh within six months of authentication.

8. What happens after it reaches Bangladesh?

Rule 10 generally requires domestic authentication within two months, stamping within three months and, where applicable, presentation for registration within four months after first entry.

9. Does a POA transfer ownership?

No. Ownership of immovable property is ordinarily transferred through a registered conveyance. A POA may authorise the attorney to execute that conveyance.

10. Can a POA be revoked?

A general POA can ordinarily be terminated by 30 days’ registered notice. An irrevocable POA is governed by the more specific procedures in sections 4 and 13.

11. Does the POA terminate when the principal dies?

A general POA ordinarily does. An irrevocable POA may continue, with rights and liabilities passing to heirs or successors as provided by the Act.

12. Can an attorney make a gift or heba for the principal?

Rule 4 prohibits delegation of authority to make declarations of gift or heba through a POA.

13. Can a non-lawyer attorney plead in court?

A POA holder may be a recognised agent for certain procedural acts under Order III of the Code of Civil Procedure, but the POA does not itself confer the professional right to practise or plead as an advocate.

14. Can the attorney appoint a substitute?

Not automatically. Sub-delegation must be permitted by the document, applicable custom or the nature of the agency.

15. Can a registered POA still be challenged?

Yes. Registration does not prevent challenges based on forgery, fraud, coercion, incapacity, lack of title, illegality, expiry, revocation or excess of authority.

Conclusion

A Power of Attorney is an instrument of controlled delegation. Its effectiveness depends not on broad language, but on legally precise authority supported by proper execution, stamping, authentication and registration.

For ordinary administrative functions, a carefully limited general POA may be sufficient. For sale, mortgage, development or other significant property dealings, the statutory treatment of irrevocable Powers of Attorney becomes critical. Where the document is executed abroad, Rule 10 and the post-arrival deadlines must be treated as substantive compliance requirements, not administrative formalities.

The central question should never be simply, “Do I trust the attorney?” It should also be:

  • What exact authority is necessary?
  • What authority should be excluded?
  • What safeguards will control money and documents?
  • What happens if either party dies, becomes incapable or breaches the arrangement?
  • How will third parties learn that the authority has ended?

Good drafting preserves the principal’s control while enabling the attorney to complete the intended work. Poor drafting can convert convenience into years of litigation.

How Roy Law Nexus Can Assist

Roy Law Nexus provides legal assistance concerning:

  • drafting and review of general, special and irrevocable Powers of Attorney;
  • property and title due diligence;
  • POA execution for NRBs and persons of Bangladeshi origin;
  • authentication, stamping and registration compliance;
  • revocation and termination notices;
  • development and property-related POA disputes;
  • risk assessment for purchasers relying on a POA.

Advocate Sawdip Roy Sajib Advocate, Supreme Court of Bangladesh Member, Dhaka Bar Association and Dhaka Taxes Bar Association

Mobile: +880 1714-291294 Email: sawdip@gmail.com

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About the Author

Sawdip Roy Sajib

Sawdip Roy Sajib

Advocate, Supreme Court of Bangladesh

Member, Dhaka Bar Association and Dhaka Taxes Bar Association

+880 1714-291294|sawdip@gmail.com

Legal Disclaimer: This article provides general legal information based on official materials available on the review date. It is not a legal opinion for a particular person, instrument or transaction, and reading it does not create a lawyer-client relationship. The applicable law, official procedure and facts should be reviewed before action is taken.