Table of Contents
A Power of Attorney (POA) is a legal document that allows one person to authorize another to act on their behalf in legal, financial, or personal matters. In Nepal, the term "Waris" (वारिस) is commonly used to refer to a person who holds Power of Attorney, particularly in legal proceedings. Understanding power of attorney in Nepal is essential for individuals who need to delegate authority for property transactions, court representation, or other legal matters, especially those residing abroad. This guide covers the legal framework, types of POA, qualification requirements, verification process, required documents, fees, and termination provisions under Nepali law.
Legal Framework
Power of Attorney in Nepal is primarily governed by the National Civil Procedure Code 2074 (2017), which provides detailed provisions on appointment, powers, and termination of attorneys.
| Legislation | Year | Key Provisions |
|---|---|---|
| National Civil Procedure Code | 2074 (2017) | Sections 144-155: Appointment, powers, termination of attorneys |
| Muluki Civil Code | 2074 (2017) | Part 4, Chapter 2: General provisions on authority delegation |
What is Power of Attorney
As per Section 144 of the National Civil Procedure Code 2017, an attorney is a person appointed to a case as representative of a party to perform any act related to the case in court. The party involved in a legal case, whether as plaintiff or defendant, may appoint another individual known as a Waris to act on their behalf in the lawsuit.
The attorney can appear in court to represent the principal party, submit documents, give testimony, respond to court queries, and carry out all procedural and legal responsibilities required in the case. The role extends beyond court appearances to other legal matters such as managing property, executing contracts, or engaging in negotiations depending on the powers delegated.
Types of Power of Attorney
The National Civil Procedure Code 2074 recognizes two types of Power of Attorney in Nepal:
| Type | Nepali Term | Purpose | Authentication |
|---|---|---|---|
| Simple/General POA | साधारण वारिसनामा (Sadharan Warisnama) | General or routine legal and administrative tasks | Not required to be presented to judge/consular |
| Authorized/Special POA | अधिकृत वारिसनामा (Adhikrit Warisnama) | High-responsibility actions including property transfer | Must be authenticated by District Judge or Embassy |
Simple Power of Attorney (Sadharan Warisnama)
A Simple Power of Attorney is used for general or routine legal and administrative tasks when the authority provider is unable to personally handle responsibilities due to physical absence, illness, travel, or other valid reasons. The duties authorized include:
- Filing or defending lawsuits
- Submitting written replies or statements to court
- Lodging applications before government or legal authorities
- Collecting documents
- Attending court proceedings on behalf of the authority provider
The Simple POA is typically drafted and registered at the concerned District Court where the authority provider resides or where the legal matter is to be pursued. It does not require authentication by a judge or consular official.
Authorized Power of Attorney (Adhikrit Warisnama)
The Authorized Power of Attorney is used for significant legal actions that require higher responsibility. Under Section 153 of the National Civil Procedure Code, this type of POA authorizes the appointed individual to perform:
- Filing or defending a lawsuit
- Withdrawing a legal claim
- Entering into legal settlement or compromise
- Transferring ownership of property
- Executing contracts or legal transactions
- Selling, distributing, exchanging, or gifting immovable property
Important: The right to transfer immovable property can only be exercised through an Authorized Power of Attorney and cannot be done through a General Power of Attorney.
Qualification Requirements (Section 145)
According to Section 145 of the National Civil Procedure Code 2017, the following eligibility criteria must be met to appoint a legal representative:
| Requirement | Description |
|---|---|
| Legal Capacity | Must be competent to conclude a contract in accordance with law (minors and persons of unsound mind cannot be appointed) |
| No Financial Liabilities | Must not be a defaulter of government payments including court expenses, legal fees, fines, or penalties |
| Moral Standing | Must not have been convicted for forgery, fraud, corruption, or offense involving moral turpitude |
Exception: The above conditions shall not prohibit the appointment of a joint family member as an attorney where such appointment is found to be appropriate.
Process for Executing Power of Attorney
An Authorized Power of Attorney can be executed through two official channels depending on the location of the person granting authority:
Within Nepal (District Court)
- Prepare the POA document (two copies) with a legal practitioner in designated format
- Both parties (principal and attorney) submit application with POA paper
- Affix signature, thumb impression, and attach photographs
- Present before District Court Judge for authentication
- Pay the verification fee
- Receive authenticated POA document
Outside Nepal (Embassy/Consulate)
- Prepare the POA (two copies) from a Nepali legal practitioner in designated format
- Take appointment at the Nepali Embassy or Consulate General
- Come personally to the Embassy with required documents
- Sign the POA in presence of Ambassador or Consul General
- Pay the revenue fee
- Receive attested documents
Personal Appearance Required: The principal must appear personally before the verifying authority. The official must witness the signature being affixed to ensure authenticity.
Required Documents
For All Power of Attorney
- Two original copies of Power of Attorney (drafted by registered Nepali legal practitioner, printed on Nepali paper)
- Original application (drafted by registered legal practitioner with full name and registration number)
- Original and photocopy of citizenship certificate or passport
- Two passport-size photographs of both principal and attorney (taken within last six months)
- Copy of attorney's citizenship certificate attested by notary public
- Citizenship copy of each witness
Additional Documents for Property Transfer
- Original and copy of ownership certificate (Lalpurja, vehicle registration, share certificate)
- Original or notarized copy of latest tax payment receipt
- Land papers and revenue receipts
For Legal Representation
- Relevant documents for the legal matter (marriage certificate, court orders, etc.)
- Documents verifying the cause of legal representation
Verification Fees
| Type of POA | Fee (Nepal) |
|---|---|
| Family member (for case filing) | NPR 500 |
| Non-family member (for case filing) | NPR 5,000 |
| Property transfer within three generations | NPR 500 |
| Property transfer outside three generations | NPR 5,000 |
Note: Fees at Nepali Embassies abroad may vary by country. Contact the respective Embassy for current fee structure.
Powers of Attorney (Section 150)
The powers of an attorney are as set forth in the POA document executed at the time of appointment. Depending on the type and scope, an attorney may be authorized to:
- Appear in court on behalf of the principal
- Represent the principal during proceedings and settlements
- File or defend lawsuits
- Submit statements, applications, and evidence
- Withdraw claims or enter into compromise
- Purchase, sell, maintain, and mortgage real estate
- Manage property and pay taxes
- Complete banking transactions
- Appoint another representative if necessary
Multiple Appointments (Sections 147-149)
| Provision | Description |
|---|---|
| Section 147 | One person can be attorney in multiple cases; multiple persons can be attorneys in same case; same person cannot represent both opposing parties |
| Section 148 | If multiple persons are on same side, one can represent all |
| Section 149 | Attorney in one court can also be appointed in another court |
Transfer of Immovable Property (Section 154)
A person who is unable to personally appear to manage immovable property may appoint an authorized agent through POA. The authorized agent can:
- Sell or dispose of property
- Distribute property
- Exchange property
- Execute deed of gift with immediate effect
- Register documents required by law
Restriction: An authorized agent is NOT permitted to execute a deed of gift involving the remaining property after the principal's death.
Changing or Cancelling Representative (Section 152)
If a person who granted POA wishes to cancel it, they can:
- Inform the court of their intention to cancel
- Appoint a new representative
- Choose to handle the case personally
Termination of Power of Attorney (Section 155)
The status of an authorized attorney terminates in the following circumstances:
| S.N. | Ground for Termination |
|---|---|
| 1 | Specific task, purpose, or period stated in POA is completed or expires |
| 2 | Specific event or circumstance tied to authority happens or ceases to exist |
| 3 | Principal cancels POA by publishing notice in two national daily newspapers |
| 4 | Principal or attorney dies before completion of the authorized act |
| 5 | Property is divided or partitioned |
| 6 | Legal dispute arises between principal and attorney regarding the property |
| 7 | Case filed between principal and attorney or joint family member over the property |
| 8 | Attorney sends written notice of unwillingness to act, returning original POA |
| 9 | Principal appears personally and transfers the property |
Common Uses of Power of Attorney
- Legal Representation: Court appearances, filing cases, defending lawsuits
- Property Transactions: Buying, selling, transferring land and property
- Banking Matters: Account operations, financial transactions
- Government Procedures: Document submission, obtaining certificates
- Overseas Nepalis: Managing affairs in Nepal while residing abroad
- Divorce Proceedings: Filing and processing divorce cases from abroad
Need Legal Assistance?
Our legal team provides comprehensive Power of Attorney services including document drafting, verification, court authentication, and Embassy attestation for Nepalis in Nepal and abroad. Contact us for professional consultation.
Frequently Asked Questions
Power of Attorney (POA) is a legal document that authorizes one person (attorney/Waris) to act on behalf of another person (principal) in legal, financial, or personal matters. Under Section 144 of the National Civil Procedure Code 2017, an attorney can appear in court, submit documents, give testimony, and perform all legal responsibilities on behalf of the principal.
| Type | Nepali Term | Purpose |
|---|---|---|
| Simple/General POA | साधारण वारिसनामा | Routine legal tasks, court appearances |
| Authorized/Special POA | अधिकृत वारिसनामा | Property transfer, high-responsibility actions |
| Aspect | Simple POA | Authorized POA |
|---|---|---|
| Purpose | General/routine tasks | High-responsibility actions |
| Property Transfer | Not allowed | Allowed |
| Authentication | Not required by judge | Required by judge/embassy |
| Scope | Limited legal tasks | Full legal authority including property |
Requirements under Section 145:
- Legal capacity to conclude contracts (minors/unsound mind excluded)
- No outstanding government payments (court fees, fines, penalties)
- No conviction for forgery, fraud, corruption, or moral turpitude
- Exception: Joint family members can be appointed despite above conditions
Required documents:
- Two original copies of POA (drafted by registered legal practitioner)
- Original application from legal practitioner
- Citizenship certificate/passport (original and copy)
- Two passport-size photographs of both parties
- Attested copy of attorney's citizenship
- Witness citizenship copies
- Additional: Property documents, tax receipts (for property transfer)
| Location | Verification Authority | Process |
|---|---|---|
| Within Nepal | District Court Judge | Personal appearance, document verification, authentication |
| Outside Nepal | Nepali Embassy/Consulate | Appointment, personal appearance, attestation |
| Type | Fee |
|---|---|
| Family member (case filing) | NPR 500 |
| Non-family member (case filing) | NPR 5,000 |
| Property transfer within 3 generations | NPR 500 |
| Property transfer outside 3 generations | NPR 5,000 |
Note: Embassy fees vary by country.
Yes. You can file a divorce case from abroad by:
- Issuing Authorized Power of Attorney to a person in Nepal
- Getting POA attested at Nepali Embassy in your country
- Attorney can file and process the divorce case on your behalf
- Required documents include marriage certificate and relevant papers
Yes, but only through Authorized Power of Attorney. Under Section 154:
- Principal must provide reasonable ground for inability to appear
- Attorney can sell, distribute, exchange, or gift property
- Must follow authentication procedures
- Restriction: Cannot execute deed of gift for property after principal's death
Termination grounds under Section 155:
- Task/period completed or expired
- Specified event/circumstance completed
- Principal cancels by notice in two national newspapers
- Death of principal or attorney
- Property divided or partitioned
- Legal dispute between principal and attorney
- Attorney returns original POA with unwillingness notice
Yes. Under Section 147:
- One person can be attorney in multiple cases
- Multiple persons can be attorneys in same case
- Same person CANNOT represent both opposing parties in same case
- Attorney in one court can be appointed in another court (Section 149)
Yes. The principal must personally appear before:
- District Court Judge (if within Nepal)
- Nepali Ambassador/Consul General (if abroad)
The verifying official must witness the signature being affixed to ensure authenticity.
Powers depend on POA document scope:
- Appear in court and represent principal
- File or defend lawsuits
- Submit statements, applications, evidence
- Withdraw claims or enter compromise
- Buy, sell, manage property
- Complete banking transactions
- Appoint another representative if authorized
Cancellation methods:
- Inform the court and appoint new representative
- Choose to handle case personally
- Publish cancellation notice in two national daily newspapers
- File application with relevant authority
No. Only Nepali citizens can apply for POA attestation at Nepali Embassies. If you:
- Have foreign passport, or
- Were Nepali citizen but took foreign citizenship
You cannot apply for POA attestation through Nepal Embassy, even if you still possess Nepali citizenship/passport.
