A Power of Attorney (hereafter POA) is a legal document used to transfer one's rights from the transferor to the transferee when the transferor cannot be physically present at government offices.
To facilitate this, a POA is drafted in Nepal on Nepali paper, written in Devanagari script. The document is signed by the transferee and an advocate, then further attested by two witnesses. Once completed, the document is couriered to the transferor abroad.
Upon receiving the document, the transferor must present themselves before the concerned Nepali Embassy in their country of residence for verification. After verification, they are required to forward the original POA to Nepal to initiate the legal process.
The document of POA is usually made in cases like Divorce, Agreements, Transfer of Property / Civil Cases or others.
In Nepali it is called अधिकृत वरिसनामा .
Anyone can be a transferee.
How to get the Power of Attorney Verified ?
Basically, there are two different applications drafted in POA. The first document is called Application form which is written to the Nepalese Embassy of …………. Situated abroad. And, the another document prepared is called लिखतम् which is also the final document which the parties produces while filing a plaint, writ or any other documents in Governmental offices.
Number of Draft's : -
- Draft an application form,
- Draft a लिखितम्
Essentials to be disclosed while filing an application form :-
Following detail is required
(on behalf of the Main Applicant i.e., Transferor)
- Three Generation details from Father Side,
- Disclose the Nepali Embassy situated Abroad,
- Citizenship & Passport Copy,
- Current Address (abroad),
- Permanent address (in Nepal),
- 3 Passport size Photos
Select an applicant who will have your rights and provide :-
(on behalf of the Transferee)
- Three Generation details
- Permanent address
- Citizenship & Passport Copy
- In which Department you’re looking to execute the POA.
- 3 Passport size Photos
However, It is better advised for you seek guidance from an Advocate to draft a POA.
Note- the subject matter must not be vague & the context in pointer 3 alongside general information of the main application form & लिखतम् must match.
You may also be asked for :-
- 2 witnesses in total,
- An advocate's signature along with their License,
- 2 copies each of the POA deed.
WHAT TO DO AFTER GETTING YOUR POA VERIFIED FROM EMBASSY SITUATED ABROAD ?
- Eg: If you're seeking to file a Divorce in Nepal, you can edit the head of the Plaint and mention your Adhkrit Warish alongside your name in the main document and simply, attest the POA while filing Plaint of Divorce in Nepal.
Yashaswee Thapa
Advocate
Yashaswee Legal Counsel