Power of Attorney in Nepal 2026 — Adhikrit Waresnama

Power of Attorney in Nepal, called Adhikrit Waresnama or Mukhtiyarnama, is governed by Sections 144-155 of the Muluki Dewani Karyabidhi Sanhita 2074 (National Civil Procedure Code 2074). Section 153 covers authorised execution; no fixed processing timeline is established here, so verify with the authority or our document-drafting team.

Key Takeaways

Power of attorney in Nepal separates routine delegation from authenticated authority. Sadharan Waresnama may be notarised for routine non-court, non-property work; Adhikrit Waresnama requires personal appearance before a District Court judge or Nepali Ambassador or Consul-General. Scope, termination and receiving-office checks still matter.

• Civil Procedure Code 2074: Sections 144-155 provide the main statutory framework for authorised representation and POA authentication.
• Sadharan Waresnama: A simple POA generally used for routine administrative, banking or business tasks where notary attestation is sufficient.
• Adhikrit Waresnama: An authorised POA for consequential matters such as court representation, land transactions, consent settlement and divorce-related authority.
• Section 153: The principal must personally appear before the competent District Court judge in Nepal or Nepali Ambassador or Consul-General abroad.
• Section 154: Land sale or purchase and consent settlement require express authority in the document, not merely broad wording.
• Termination: Sections 145 and 152 address revocation and termination, including public notice, pending-case steps, death and task completion.

What is a power of attorney in Nepal?

A power of attorney is a written instrument by which a principal—the person giving authority—appoints an attorney or agent to act within stated limits. In Nepal, Adhikrit Waresnama and Mukhtiyarnama describe this authority, while the Civil Procedure Code 2074 supplies the operative Sections 144-155 framework for representation and authentication.

The agent does not receive unlimited authority simply because the document uses the word “general.” The agent can act only within the authority granted. Section 154 becomes especially important for land transactions and consent settlement. A document that is vague about the task, property or case can create problems at the receiving office.

The current framework is not the same as a general reference to the Muluki Civil Code 2074. The Civil Code may provide background on agency, but the supplied legal framework places the POA authentication rules in the Civil Procedure Code 2074. The Notary Public Act 2063 concerns notarisation; it does not replace the Section 153 route for an Adhikrit Waresnama.

Questions about court representation usually also involve Nepal's civil procedure system. You can review the scope of our civil law practice when the POA is connected to a civil case, property matter or settlement.

Which law governs power of attorney in Nepal?

The Muluki Dewani Karyabidhi Sanhita 2074, or National Civil Procedure Code 2074, governs the principal POA framework through Sections 144-155. Section 153 addresses authentication, Section 154 limits important powers, and Sections 145 and 152 address revocation or termination. The Nepal Law Commission publishes the relevant Code text.

The statute matters because the form of execution changes with the task. A notary-attested document may be suitable for a simple delegation, while an authorised POA requires the personal appearance and authentication described in Section 153. The receiving authority can still examine whether the document actually covers the proposed act.

Do not rely on a foreign template that assumes Nepal follows “durable,” “medical” or similar categories used elsewhere. The supplied material does not identify those labels as separate Nepali statutory categories. Use the Nepali legal terms and state the exact authority required for the transaction or case.

You can read the Nepal Law Commission's Civil Procedure Code 2074 text for the statutory source. This article explains the supplied framework in plain language; it does not replace advice on your document.

Which POA category applies to your task?

Nepal recognises Sadharan Waresnama for routine non-court, non-property tasks and Adhikrit Waresnama for consequential authority. The first may be completed through notary attestation, while the second follows Section 153 authentication. Court representation, land sale or purchase, consent settlement, divorce and case withdrawal require careful classification.

The categories are not interchangeable. A broad Sadharan Waresnama should not be treated as a substitute for an Adhikrit Waresnama at Malpot or in court. If the task has several parts, the draft should separate them clearly instead of leaving the agent to interpret a general clause.

What does Section 153 require?

Section 153 requires the principal to appear personally before a District Court judge in Nepal or before the Nepali Ambassador or Consul-General abroad for an Adhikrit Waresnama. The execution includes the principal's signature, thumbprint and photograph, with two adult witnesses and their citizenship copies. Two originals are produced.

The domestic route is through a District Court in Nepal; the supplied material describes this across the country's 77 districts. The correct court point should still be confirmed before travel. Personal attendance is central to the process. Remote signing, video-link execution and signature by courier are not the stated alternatives.

The judge or diplomatic authority authenticates the document after the required appearance and execution. One original is retained by the court or mission and one is returned to the party, according to the supplied material. That record is different from simply taking a signature to a notary.

How does an NRN execute a POA from abroad?

An NRN or other principal abroad may execute an Adhikrit Waresnama before the Nepali Ambassador or Consul-General at a Nepali Embassy or Consulate. The mission is a competent Section 153 authority. Under the supplied material, an embassy-authenticated POA is directly usable in Nepal and does not require MoFA Tripureshwor re-attestation.

The principal should plan for personal attendance, the prepared draft, the required signature, thumbprint, photograph and two witnesses. The current material also describes the Adhikrit draft as being prepared on cartridge paper. Mission requirements and charges can vary, so confirm them with the relevant Nepali mission before attending.

A foreign notary alone is not the same as execution before a Nepali Ambassador or Consul-General. If the principal cannot reach a Nepali mission and signs before a foreign notary, the material describes a separate four-stage attestation chain. Because the supplied information does not set out each stage here, verify the full chain with the mission and receiving authority before sending the document.

NRNs can also review our non-residential Nepali services for help coordinating a Nepal-side document or representation issue. Our team can advise on the document route, but the competent authority decides whether authentication is accepted.

What powers must the Mukhtiyarnama state?

Section 154 requires express authority for land sale or purchase and consent settlement of suits. A generic POA may not cover those acts. The document should identify the precise task, parcel or kitta, case or settlement where relevant, and any authority connected with divorce, case withdrawal or court representation.

This is a drafting issue as much as an authentication issue. A document can be properly signed and still fail to address the act the agent wants to perform. For land, identify the relevant property details rather than leaving the agent to fill in the gap. For litigation, identify the case or proceeding where the authority is specific.

Practical rule: write the power first, then choose the execution route. Do not choose Sadharan Waresnama merely because it is simpler if the agent will deal with land, court representation or settlement.

The receiving authority may examine whether the wording covers the proposed act. That can include Malpot for a land transaction, a court for litigation or another body handling the underlying matter. Ask for a document review before execution if the authority will be used for more than one purpose.

What documents and execution details should you prepare?

The supplied material identifies the Adhikrit draft, personal appearance, signature, thumbprint, photograph, two adult witnesses and citizenship copies as core execution details. It also refers to cartridge paper and two originals. A universal checklist for every office is not established, so confirm any further identity or relationship proof.

• The draft: Prepare the POA with the task, limits and express powers stated clearly. The current material refers to cartridge paper for an Adhikrit Waresnama.
• The principal: The person giving authority must appear personally before the competent judge or Nepali diplomatic authority.
• Execution marks: Signature, thumbprint and photograph are part of the stated Section 153 process.
• Witnesses: Two adult witnesses are identified, with their citizenship copies attached.
• Copies: Two original copies are produced, with one retained by the court or mission and one returned.

Do not assume that a scanned signature, a couriered original or a foreign notarial seal will satisfy the same route. If the POA is for a family member, the relationship may also affect the applicable government charge, but the supplied material does not establish a universal relationship-document checklist. Verify before execution.

What is the process for creating and using a POA?

The process begins by matching the task to Sadharan or Adhikrit Waresnama, then drafting the authority in exact terms. For an Adhikrit POA, the principal appears before the District Court judge or Nepali Ambassador or Consul-General, completes the stated execution formalities, receives the authenticated copy and presents it to the relevant office.

1. Classify the task. Decide whether it is routine, non-court and non-property work or a consequential act requiring Adhikrit Waresnama.
2. Draft the scope. State the agent, task, limits, parcel or kitta, case and settlement authority where relevant. Express powers matter under Section 154.
3. Choose the competent authority. Use a Notary Public only where the Sadharan route is suitable. For Adhikrit execution, arrange personal appearance before a District Court judge or Nepali Ambassador or Consul-General.
4. Complete execution in person. Sign and affix the thumbprint and photograph in the authority's presence. Bring two adult witnesses and their citizenship copies.
5. Receive the authenticated original. The supplied material describes two originals, with one retained by the court or mission and one returned to the party.
6. Present it for the underlying act. Give the document to the court, Malpot, bank or other receiving authority and confirm that the exact wording covers the proposed transaction.

If the POA supports a case from outside Nepal, the underlying filing may have separate procedural requirements. Our guide on filing a case from abroad in Nepal is relevant to that wider issue, but it does not replace the Section 153 authentication analysis.

How long does power of attorney authentication take?

The supplied material does not establish a fixed processing time or statutory maximum for POA authentication in Nepal. Timing can vary with drafting, witness readiness, the District Court or mission, and the receiving office. Confirm appointment, filing and document requirements directly before travel, signing or couriering.

Do not rely on an online claim that promises completion within a particular number of days. The relevant authority may control attendance, verification and retention of the original. A document that needs correction can require a fresh execution, so the scope should be checked before the principal appears.

What does POA authentication cost?

POA authentication involves government charges and, separately, professional drafting or representation fees. The supplied framework distinguishes family and non-family attorneys for the statutory court charge, while embassy charges vary by mission. This article does not quote a current amount; verify all government and mission charges with the relevant authority.

The family classification identified in the supplied material includes a parent, spouse, child or sibling. That classification can affect the statutory court charge, but it should not be assumed without checking the current office position. Professional fees are separate and depend on drafting, review, coordination and representation needs.

For a current figure, ask for a matter-specific assessment through Alpine Law Associates. Government charges can change independently from professional fees, and an NRN mission may apply its own charge schedule.

How can a power of attorney end or be revoked?

A POA can end through its own terms or the termination events connected with Section 152. The supplied material states that death or completion of the assigned task can terminate authority automatically. Sections 145 and 152 also connect revocation with public notice and court steps for a pending case.

The current framework refers to public notice in two national daily newspapers for revocation. Where a case is pending, a court petition may be required. The correct step depends on the situation, so do not assume that privately telling the agent or receiving office completes revocation.

The supplied material identifies no statutory maximum validity period. Read the document's own terms together with Section 152 termination events. If the principal has died, the task is complete or the authority has been revoked, the agent should not continue acting without confirming the legal position.

What common mistakes cause POA problems?

Common risk points include choosing Sadharan Waresnama for a consequential act, using a foreign notary alone, leaving the parcel or case unnamed, signing remotely and assuming a POA lasts forever. These errors affect classification, authentication or scope. A receiving office may reject a document that does not meet the required route.

• Wrong category: Using a simple notary-attested POA for court, land or settlement authority.
• Foreign-notary assumption: Treating a foreign notary as equivalent to a Nepali Ambassador or Consul-General under Section 153.
• Generic wording: Giving broad authority without express land, case, settlement, divorce or withdrawal powers.
• Missing property detail: Failing to identify the parcel or kitta for a land-related act.
• Remote execution: Signing by video, courier or outside the competent authority's presence.
• Ignoring termination: Continuing to rely on a POA after death, task completion or revocation.

Document-related disputes can create separate consequences. Read our guide to document fraud and forgery law in Nepal if the concern involves an altered, false or improperly used instrument.

What alternatives and edge cases should you consider?

The main alternative is a Sadharan Waresnama for routine non-court, non-property work where notary attestation suffices. The Adhikrit route applies where the authority is consequential. NRNs and foreign nationals face a separate execution question because the place of signing determines whether the Nepali mission route or another attestation chain must be checked.

A POA for a pending civil case may involve both Section 153 authentication and a court filing or petition. A POA for divorce or consent settlement needs wording that covers the exact authority, not simply the phrase “family matter.” A POA for land needs express authority and relevant property details.

If the principal cannot attend the Nepali Embassy or Consulate, do not treat a foreign-notary document as automatically usable. The supplied material describes a four-stage foreign attestation chain but does not provide every stage in this article. Verify the chain with the Nepali mission and the receiving office before execution.

What does a realistic Nepal POA scenario look like?

Illustratively, a Nepali principal living abroad wants a sibling in Nepal to handle a specified land sale. The document should use the Adhikrit route, identify the parcel or kitta and give express sale authority. The principal should appear before the Nepali mission; the agent should still confirm acceptance with Malpot.

In another illustrative example, a person authorises an agent to handle routine business administration without court or property authority. That task may fit a Sadharan Waresnama where notary attestation suffices. The agent should not expand that document later to cover land sale, court representation or consent settlement.

A spouse abroad seeking authority connected with divorce or settlement should identify the precise act in the document. The appropriate route may involve Adhikrit Waresnama and Section 153 authentication. Our divorce services team can help review the Nepal-side legal work, but the competent authority decides whether the executed POA is accepted.

What is the short answer about POA in Nepal?

In short: choose the category from the task, draft express authority, and use the correct execution route. Sadharan Waresnama may suit routine work. Adhikrit Waresnama requires Section 153 personal authentication, and Sections 145, 152 and 154 control revocation, termination and important limits.

• Use the Civil Procedure Code 2074, not a foreign template, as the starting framework.
• Use express wording for land sale or purchase and consent settlement.
• Do not assume a foreign notary, scanned signature or generic clause is enough.
• Confirm timing, charges and document requirements with the competent authority.
• Review whether the POA has ended before relying on it for a new act.

What do people also search for about power of attorney in Nepal?

Readers commonly connect Mukhtiyarnama Nepal with filing cases from abroad, NRN representation, divorce, document validity and court charges. These related questions involve separate rules, so use the closest guide and then verify the exact facts for your document and receiving authority.

• How can I file a case from abroad in Nepal?
• What is document fraud and forgery law in Nepal?
• What is the divorce process in Nepal?
• What court fees apply in Nepal?
• What other Nepal civil-law guides should I read?

This article provides general information, not legal advice. The correct POA route can turn on the document's wording, the principal's location and the receiving authority. If you need a document review or Nepal-side assistance, contact Alpine Law Associates; our team can help with NRN and non-resident Nepali legal services.