Power of Attorney in Nepal: Legal Framework, Types, and Procedure

An attorney means which means one who is legally appointed to transact business on another's behalf. Muluki civil procedure 2074, sec 144 states that an attorney is a person appointed to a case as representative of a party to a case to perform any act related to the case in the court.

Qualification of person to be appointed as attorney

A person who possesses the following qualifications may become an attorney:

• One who is competent to conclude a contract in accordance with the law, i.e minor, a person of unsound mind cannot conclude the contract.
• One who is not a defaulter of payment of a claimed amount according to a judgment, any such fee, court fee as required to be paid to the court for the execution of judgment, or any fine or penalty imposed by the court,
• One not convicted for forgery, fraud, corruption or offense involving moral turpitude. Nothing contained in this clause shall prevent any person from appointing any of his or her joint family as his or her attorney.

Format of power of attorney in Nepal

The format of power of attorney is mentioned in Schedule 13 of the Muluki civil procedure code.

The executor shall affix his or her signature or thumb impression on the power of attorney which shall be witnessed by at least two witnesses, and contain identification of such witnesses and its writer and also bear their signature or thumb impression.

There are two types of attorneys (commonly used in divorce cases from abroad).

1. General power of attorney (Sadharan Waresh)
2. Authorized power of attorney (Adhikrit Waresh)

General power of attorney in Nepal

The general power of attorney is provided to fulfill general or simple nature of works. The duties to be fulfilled by the general power of attorney are filing lawsuits, submitting a written reply, submitting various applications, and attending the court session on the behalf of the authority provider. The general power of attorney is not presented to judge or consular for authentication.

Authorized power of attorney in Nepal

The authorized power of attorney is provided to fulfill high-responsibility works. The duties to be fulfilled by the authorized power of attorney are executing a power of attorney to file a plaint, submit a statement of defense, withdraw the plaint claim enter into a compromise, transfer ownership of property or carry out other legal action on his or her behalf.

Authorized power of attorney can be granted in two ways:-

1. District Court- In case of people residing in Nepal.
2. Consular office of Nepal- In case of people residing abroad.

A person appointing the attorney shall affix a signature and thumb impression on the power of attorney in the presence of, and have it authenticated by, a judge of any District Court if the power of attorney is executed within Nepal, and any Nepali ambassador or consul general if it is executed in a foreign country.

The person shall affix a photograph of him or her and of the attorney to be appointed unto the power of attorney, and submit copies of the citizenship certificates or passports of both of them to the district judge or Nepali embassy or consulate general. A fee of five hundred rupees shall be charged for the authentication of a power of attorney in the case of a family member and 5000 for the non-family member in the case of Nepal. In the case of outside Nepal, the charge may vary according to the country.

A person who is not able to appear in the concerned office to sell or dispose of, or exchange or execute a deed of gift with immediate effect or otherwise transfer any immovable property in which he or she has right and ownership may execute such deed by appointing an authorized attorney by executing the power of attorney.

Example: People outside Nepal provide authorized power of attorney to settle cases initiated in Nepal. Such as divorce, partition of property etc.

Documents required for issuing authorized power of attorney

• Citizenship of both parties, authority provider and receiver
• Photos-2 each
• Photocopy of citizenship of witness

Termination of the status of authorized attorney:

• Power of authorized attorney specifies any certain act, purpose and period, and such act, purpose, or period gets completed or expires.
• Power of authorized attorney is so executed that it will cease to exist after the completion or termination of any specific event or circumstance and such an event or circumstance gets completed or does not exist,
• A person appointing an attorney voids the power of attorney by publishing a notice in any two national daily newspapers.
• The person appointing attorney or the attorney dies before the completion of the act referred to in the power of attorney,
• If the concerned person appears in person and transfers or exchanges the right in the property intended to be transferred or exchanged through attorney,
• If a case is filed in a court between the person appointing the attorney and the attorney or a person of his or her joint family about the property referred to in the power of attorney,
• If any case is filed in a court between the person appointing the authorized attorney and the attorney,
• If the authorized attorney gives the person appointing him or her information in writing expressing his or her unwillingness to act in such a capacity, accompanied by the original copy of the power of authorized attorney.

The concept of Power of Attorney, being one of the essential legal powers, exists to delegate authority upon various tasks and responsibilities. Born out of the Muluki Civil Procedure Code, 2074 of Nepal, it caters to legitimate representation and smooth processes in general and complex matters. The law, while providing for specific qualifications for attorneys and detailed format for execution, has laid emphasis on transparency and accountability. This mechanism allows either a General Power of Attorney, when the tasks required are simpler, or an Authorized Power of Attorney for high-stakes actions, such as property transactions. Such provisions as authentication by judges or consular officials and clear termination criteria further protect the principal’s interests. The Power of Attorney, allowing those who cannot act in person-especially from abroad-to initiate legal actions, makes it an important aspect of ensuring justice and practicality. Its structured framework reflects a balance between empowerment and legal safeguards in Nepal’s judicial system.

Frequently asked questions

Can we provide power of attorney to anyone other than friends or family?

Yes, we can provide the power of attorney to any unknown person but we should issue the power of attorney to such person to whom we can trust.

What is the charge of issuing power of attorney in court?

The charge for issuing authorized power of attorney inside/ outside Nepal is NRS 500 in case of family members and for initiating a case in Nepal, NRS 5000 for the person outside the family, and POA for transfer of property.

What are the qualifications for power of attorney?

A person who possesses the following qualifications may become an attorney:

• One who is competent to conclude a contract in accordance with the law, i.e minor, a person of unsound mind cannot conclude the contract.
• One who is not a defaulter of payment of a claimed amount according to a judgment, any such fee, court fee as required to be paid to the court for the execution of judgment, or any fine or penalty imposed by the court,
• One not convicted for forgery, fraud, corruption or offense involving moral turpitude. Nothing contained in this clause shall prevent any person from appointing any of his or her joint family as his or her attorney.

What are the necessary documents required for issuing the power of attorney?

The documents required for issuing the power of attorney:-

• Citizenship of both parties, authority provider and receiver
• Photos-2 each
• Photocopy of citizenship of witness

Can we file a divorce case from abroad in Nepal?

Yes, we can file a divorce case staying in abroad by issuing power of authorized attorney to person staying in Nepal.

Is this process too long and expensive?

No, the process is not too long. It is completed in one day excluding the time for the document to reach a particular country if issued by the person staying outside Nepal.

What are the legal powers authorized to an attorney by issuing a power of attorney?

The legal powers provided to an attorney are as follows: -

• Purchase, sell, maintain, pay taxes, and mortgage real estate.
• Manage your property
• Complete your banking transactions
• Make legal claims and conduct litigation
• Compromise and mediation can be done
• Withdrawal of case

Power of Attorney Lawyer in Nepal

At Alpine Law Associates, we recognize that the need for a Power of Attorney can arise during life’s most pressing or sensitive times—be it managing property from abroad, filing a court case through a trusted person, or authorizing transactions when physically unavailable. As a fully licensed and reputable law firm in Nepal, we specialize in preparing, authenticating, and registering both General and Authorized Powers of Attorney in full compliance with the Muluki Civil Procedure Code, 2074.

Our team of legal professionals ensures that every document is drafted with precision, witnessed and authenticated as per legal requirements, and customized to fit your unique situation—whether you’re within Nepal or living overseas. From legal consultation, document preparation, court or consular verification, to submission—we handle the full process end-to-end. With Alpine Law Associates, you’re choosing a law firm that prioritizes legal accuracy, confidentiality, and your peace of mind. When it comes to Power of Attorney in Nepal, trust us to protect your legal interests with clarity and care.

Conclusion

Power of Attorney in Nepal is a practical and legally recognized tool that enables individuals to delegate authority in various personal, property, or legal matters. With a structured framework under the Muluki Civil Procedure Code, 2074, it provides clear guidelines on qualifications, documentation, types, and termination conditions. Whether you're abroad needing legal action in Nepal or simply seeking assistance in high-responsibility tasks like property transactions, issuing a power of attorney ensures your matters proceed lawfully in your absence. If you require support in drafting or authenticating a Power of Attorney, Alpine Law Associates is here to offer expert legal assistance every step of the way—accurate, timely, and always client-focused.