Power of Attorney (Mukhtiyarnama / अधिकृत वारेसनामा) in Nepal: How to Make One, Including From Abroad

A Power of Attorney in Nepal is a legal document by which one person formally hands another person authority to act in their place. In everyday Nepali it is called a Mukhtiyarnama (मुख्तियारनामा); in legal and government usage it is the Adhikrit Wareshnama or Warisnama (अधिकृत वारेसनामा). The person who grants the authority is the principal (grantor), and the person who receives it — the attorney-in-fact or agent — is the wares (वारेस).

The authority is only as wide as the words of the document. A Mukhtiyarnama can let the wares sell or manage land, operate a bank account, sign agreements, run a company, or represent the principal in a court case — but only for the powers actually written in, and only while the document remains valid. Acts done by the wares within that scope bind the principal as if the principal had done them personally.

Powers of attorney are recognised under Nepal's civil law. Court/litigation representation is dealt with under the National Civil Procedure Code (Muluki Devani Karyavidhi Sanhita), 2074, while the execution and registration of deeds and documents (including transfers of immovable property by an attorney) fall under the National Civil Code (Muluki Civil Code / Muluki Devani Sanhita), 2074, and notarisation is done under the Notary Public Act, 2063. Because sources cite different chapter and section numbers, treat the specific provision as something to verify with the DAO/registration office or a lawyer.

The most important choice is how much power to hand over. A general power of attorney gives broad authority — for example, to manage a person's property, finances, banking and general affairs — and typically continues until it is revoked, expires, the task is complete, or the principal dies. A special (specific) power of attorney is limited to one clearly defined task or transaction, such as selling one named plot of land, withdrawing from one bank account, or appearing in one particular court case; it usually ends when that task is finished.

For most people, and especially for NRNs handling a single matter from abroad, a special/specific Mukhtiyarnama is safer than a general one. Narrowing the powers to exactly what is needed — for example, 'to sell plot no. X in ward Y and complete its registration' — limits how far a dishonest or mistaken wares can go. A general power of attorney is convenient when someone must manage many affairs over a long period, but it concentrates far more risk in one person's hands.

A Mukhtiyarnama is the standard way to get something done in Nepal when the owner cannot be present. The most common uses are managing and selling land and property (including registering a transfer at the Land Revenue Office), operating bank accounts and handling financial matters, pursuing or defending court cases — including divorce and family disputes — and running company or business matters such as signing documents and attending meetings.

It is especially common for Non-Resident Nepalis. Someone living and working abroad who needs to sell inherited land, complete a property registration, manage a bank account, resolve a family court case, or act in a company back home will usually appoint a trusted relative or lawyer in Nepal by Mukhtiyarnama rather than flying back repeatedly. Where the attorney will register a land transfer, this connects directly to the ordinary land registration and mutation (namsari / dakhil kharij) process, and where the matter is a vehicle, to the vehicle ownership transfer (namsari) process — both of which have their own dedicated guides on this site.

Inside Nepal the process has a familiar shape: draft, witness, notarise and then authenticate or register at the office that matches the purpose. First, draft the document — most people have a lawyer prepare it, often on legal-size Nepali paper (Nepali kagaj), naming the principal and the wares, listing the exact powers granted, and stating any time limit. Attach a recent photograph of the parties.

Next, the parties sign with signature and thumb impression in the presence of two competent witnesses, and the document is notarised by a licensed notary public under the Notary Public Act, 2063. Both the principal and the wares generally submit an application together with the document, their citizenship certificates, photographs and the witnesses' details.

Finally, the document is authenticated or registered at the office that fits its purpose. General authentication is commonly done at the District Administration Office (DAO); a power to transfer or sell immovable property is acted on and registered at the District Land Revenue Office (Malpot) where the land lies; and a power to conduct a lawsuit is verified before the relevant District Court / district judge who authorises the representation. Because the exact office, documents and fees vary by district and by the type of transaction, verify the specific requirements with the DAO/registration office or a lawyer before you start.

A Nepali who is abroad and cannot come to Nepal makes a Mukhtiyarnama through the nearest Nepali diplomatic mission. The usual sequence is: have the document drafted (typically by a lawyer in Nepal, on Nepali kagaj, spelling out the exact powers and naming the trusted wares in Nepal), then book an appointment and appear in person at the Embassy or Consulate General of Nepal. At the mission the grantor signs the document, and the mission attests/legalises it — at many embassies only the Head of Mission (Ambassador) is authorised to sign off the attestation, so the applicant's physical presence is required.

Missions typically ask for the original document (often in two copies) plus an application letter, the grantor's original Nepali passport and citizenship certificate, the wares's citizenship copy, passport-size photographs of both, proof of the grantor's residence status abroad (permanent resident card/visa), an NRN card where the grantor holds foreign citizenship, and the purpose-specific paper — the land ownership certificate (lalpurja) and tax receipt for a property POA, the marriage certificate for a divorce POA, or the vehicle/company ownership documents for those matters. Once attested, the original is couriered to Nepal, where the wares uses it and, where needed, has it registered or acted upon (for example, at the Land Revenue Office for a property sale).

This embassy attestation is the same consular chain used for other Nepali documents used across borders — see the separate guide on document attestation and legalisation for use abroad for how that authentication works. Embassy fees for a Power of Attorney differ by mission and by relationship (for example, some missions charge a small fee for close relatives within three generations and a higher fee beyond that, while others charge a flat consular fee); confirm the current fee and document list with the specific embassy or consulate before your appointment.

How long a Mukhtiyarnama lasts depends on how it is written. A special/specific power ends when its task is completed or its stated deadline passes. A general power usually continues until it is revoked. In all cases the authority ordinarily ends automatically on the death of the principal — the wares cannot keep acting on behalf of someone who has died — and it ends if the principal loses legal capacity (unless the document is specifically designed to survive that).

A principal who still has capacity can revoke a Power of Attorney at any time. Good practice is to revoke it in writing, give clear notice to the wares, and — importantly — notify the third parties and offices that were relying on it (the bank, the Land Revenue Office, the court, the company) so they stop honouring the old authority. Where the Mukhtiyarnama was registered or authenticated at an office, the revocation should be recorded with the same office so the record is clean. Confirm the exact revocation procedure with the DAO/registration office or a lawyer.

A Power of Attorney is powerful precisely because the wares can bind you — which is also its danger. Only give a Mukhtiyarnama to someone you genuinely trust, and keep the powers as narrow as the job allows. A broad power to 'manage and sell all my property' can be misused to sell land you did not intend to part with, so a tightly worded special power for one named transaction is usually safer. Be specific about the property, the account, the case or the company involved, and add a time limit where you can.

Watch the practical traps: name spellings must match across your citizenship, passport and the document; the wares cannot do anything beyond the written powers; and authority can lapse (for example on the principal's death) even if the paper is still in hand. Because this is a Your-Money-Your-Life legal matter with real financial consequences, and because offices, documents and fees change and vary by district, treat every procedural and fee detail here as indicative and verify it with the District Administration Office, the relevant registration/land revenue office, the Nepali embassy, or a licensed lawyer or notary. This article is general information, not legal advice.