Power of Attorney in Bangladesh 2026: Execution, Registration, NRB Powers, Revocation and Disputes

Power of attorney Bangladesh law in 2026: what the instrument now requires

A power of attorney Bangladesh law will recognise is far more than a signed letter of authority. Since the Power of Attorney Act 2012 replaced the colonial statute of 1882, the instrument has had its own statutory categories, mandatory registration for the most valuable powers, prescribed forms under the Power of Attorney Rules 2015, a dedicated route for documents signed abroad and a fixed procedure for ending a power. Get any of those steps wrong and the attorney may be unable to register a sale, give evidence in court or even prove that the authority exists.

This guide is written for landowners, non-resident Bangladeshis, foreign nationals and companies who need someone to act for them in Bangladesh, and for buyers, lenders and families who deal with an attorney. It explains how general, special and irrevocable powers differ, how to execute and register each one, what stamp duty applies, how a power signed overseas reaches the sub-registry, where the 2025 changes for expatriates and the Apostille Convention fit, and how revocation, misuse and forgery are handled in practice and in the courts.

Summary: The Power of Attorney Act 2012 divides powers into irrevocable powers, which cover selling, agreeing to sell or mortgaging immovable property and land development for consideration, and general powers, which cover everything else. Irrevocable powers must be registered. A power signed abroad is executed at a Bangladesh mission, authenticated by the Ministry of Foreign Affairs in Dhaka and stamped by the Collector before it can be used. A general power ends on 30 days' registered notice; an irrevocable power cannot be withdrawn at will.

Key point: Most power of attorney disputes in Bangladesh are decided by documents, not arguments: whether the power was in the prescribed form, registered where registration is compulsory, properly authenticated if signed abroad, and still in force on the day the attorney acted. Fix those four points before the attorney signs anything.

At a glance

Swipe or scroll →

Table of Contents

How the 2012 Act changed the law on powers of attorney

The Power of Attorney Act 2012 (Act No. 35 of 2012) came into force on 1 July 2013 and repealed the Powers-of-Attorney Act 1882. Anything done under the old law is treated as done under the new one.[1] The 2012 Act is short, with sixteen sections, but it introduced three ideas that shape every power of attorney Bangladesh practitioners draft today: a statutory split between irrevocable and general powers, compulsory registration of the irrevocable category, and a fixed procedure for executing powers outside Bangladesh.[1]

The Act defines a power of attorney as an instrument by which one person authorises another to carry out the acts it describes, and the definition of "person" extends to firms, companies, statutory bodies and cooperative societies.[1] Section 7 then sets the basic rule of agency: obligations created by the attorney's acts bind the grantor as if the grantor had done them personally.[1] That is why the drafting of the powers clause matters so much. Whatever the document authorises, the grantor will have to live with.

The Power of Attorney Rules 2015 and the 2025 amendment

The government made the Power of Attorney Rules under section 14 of the Act, and they were gazetted on 23 July 2015.[2] The Rules supply the prescribed formats, the identification requirements and the procedure for powers executed abroad. Bangladesh missions require overseas grantors to use the format in Schedule-Ka, Form-3.[9]

In February 2025 the interim government amended the Rules so that an expatriate no longer needs a Bangladeshi passport. A foreign passport carrying a No Visa Required sticker, a national identity card or a birth registration certificate is now accepted, and a new sub-rule requires a power executed abroad, with its copy, to be sent to Bangladesh within six months of authentication.[2]

How the Act sits with other laws

The 2012 Act does not stand alone. Provisions on powers of attorney in other statutes continue to apply so far as they are consistent with it.[1] The most important are the Registration Act 1908, the Stamp Act 1899, the Contract Act 1872 on agency and the Land Crime Prevention and Remedy Act 2023, which restricts who can grant a power over land.[3] [7]

General, special and irrevocable: which power of attorney Bangladesh law requires

Choosing the wrong category is the first and most common mistake. The label the parties put on the document does not decide the question; the subject matter does.

Irrevocable powers

Section 2 of the Act defines an irrevocable power of attorney as one given to sell immovable property, to sign an agreement for sale, to mortgage immovable property for a loan, or to develop land in exchange for consideration.[1] For a development power, "consideration" means the market value of the land the attorney is authorised to sell or transfer plus any money the grantor has received.[1] If your power lets the attorney sell a flat, sign a bainanama, mortgage land to a bank or build on land under a joint venture, it is irrevocable in law, whatever the heading says.

General powers

Every power that is not irrevocable is a general power.[1] That covers managing property and collecting rent, paying land development tax, applying for mutation, dealing with banks, conducting litigation, running a business or handling government offices. A general power does not require registration under the 2012 Act, although it may still need authentication if it is to be used to present documents for registration.

Special powers

"Special power of attorney" is a practice term rather than a statutory category. It describes a power limited to one transaction or one purpose, such as appearing before a sub-registrar to admit execution of a particular deed. The Stamp Act schedule recognises this type separately, charging a lower duty on a power executed only to present or admit execution of documents in a single transaction.[4] If the single purpose is the sale or mortgage of immovable property, the power is still irrevocable and must be registered.

Draft narrowly. A power that lists the property by mouza, khatian and dag, the acts permitted and the term is far harder to misuse and far easier for a sub-registrar, bank or court to accept.

Registering a power of attorney Bangladesh sub-registries will accept

Section 6 of the Act sets the core requirements. Registration of an irrevocable power is compulsory, and section 52A of the Registration Act applies to it. The instrument must state clearly the grantor's purpose and the attorney's duties, powers and functions, and one passport-size photograph of each party must be permanently attached together with copies of their national identity cards.[1]

What section 52A brings with it

Section 52A of the Registration Act lists particulars that must be included in or attached to an instrument of sale before the registering officer can register it, including a brief description of the ownership of the property for the previous twenty-five years and an affidavit by the executant that the property has not already been transferred.[3] Because the 2012 Act applies section 52A to irrevocable powers, the grantor should assemble the same title chain that a buyer would expect to see in a sale deed. Our guide to the sale deed in Bangladesh explains those title documents in detail.

Title conditions under the Land Crime Act

Section 6 of the Land Crime Prevention and Remedy Act 2023 adds a gateway condition. A person who does not hold the latest valid khatian under section 143 or 144 of the State Acquisition and Tenancy Act 1950 and cannot show proof of recent land development tax payment may not sell, gift or otherwise transfer land, execute a power of attorney over it or register a deed for it.[7] Before instructing anyone to draft a power over land, complete mutation and bring the tax receipts up to date.

Presenting documents through an attorney

The Registration Act allows a document to be presented for registration by an agent authorised by a power of attorney executed and authenticated in the manner the Act prescribes.[3] Under section 33, a principal resident in Bangladesh has the power authenticated by the Registrar or Sub-Registrar of the district or sub-district where the principal lives, while a principal living outside Bangladesh may have it authenticated by a notary public, a court, judge or magistrate, or a Bangladesh consul or vice-consul.[3] Ordinary documents must be presented within three months of execution, extendable by up to four months on payment of a fine where the delay was caused by urgent necessity or unavoidable accident.[3]

Additional approvals for Dhaka plots and flats

Some authorities impose their own consent requirements. Since March 2023, RAJUK has required prior approval for appointing or cancelling an attorney over its residential, commercial, industrial and institutional plots and flats.[2] For land in city corporation and municipal areas, tax-return and source-tax requirements may also apply on registration; our guide to property registration fees in Bangladesh covers the current costs.

Stamp duty and registration fees

Every power of attorney Bangladesh law recognises must be properly stamped. Duty is charged under item 47 of Schedule I to the Stamp Act 1899, as substituted by the Finance Act 2022. The rates depend on the category and purpose of the power.[4]

• Single-transaction registration power: Tk 800 for a power executed only to present one or more documents in a single transaction, or to admit their execution.
• General power: Tk 1,500 for a general power within the meaning of the 2012 Act.
• Loanee's power to a bank: Tk 2,000 for a power given by a borrower to a scheduled bank or financial institution authorising sale of immovable property on default.
• Irrevocable power without consideration for bank security: Tk 1,500 for an irrevocable power over immovable property, given without consideration, authorising sale or mortgage in favour of a bank or financial institution for a loan.
• Irrevocable power for consideration: 1.5 per cent of the consideration value, subject to a minimum of Tk 10,000 and a maximum of Tk 1 lakh.

Registration fees follow the table made under section 78 of the Registration Act, as section 12 of the 2012 Act provides.[1] A deed that cancels an earlier attested instrument, if not otherwise provided for, falls under the cancellation item of the stamp schedule.[4] Rates are revised through annual Finance Acts, so confirm the current figure with the sub-registrar or the deed writer before stamping. A power executed abroad is stamped by the Collector only after Ministry of Foreign Affairs authentication.[1] Lenders taking a power as part of a security package should read our analysis of loan security documentation in Bangladesh, which sets the power alongside the mortgage and guarantees.

Executing a power of attorney abroad: NRBs and foreign nationals

For non-resident Bangladeshis, a power of attorney Bangladesh authorities will act on is usually the only practical way to sell, mortgage, develop or manage property at home. The 2012 Act gives powers executed abroad their own route, and every step has to be completed in order.

The statutory route

Where the grantor lives outside Bangladesh, section 33(1)(c) of the Registration Act applies, and the grantor must sign and identify the attorney's photograph attached to the instrument at the time of execution.[1] After an irrevocable power executed abroad first enters Bangladesh, it must be authenticated by the Ministry of Foreign Affairs and then stamped by the relevant Collector under section 18 of the Stamp Act 1899. The Collector sends a copy to the sub-registrar, who records it in Book No. 1 and preserves it.[1]

Signing at a Bangladesh mission

In practice the power is signed at a Bangladesh embassy, high commission or consulate. The Bangladesh High Commission in London, for example, requires the power in the Schedule-Ka, Form-3 format, completed and unsigned; every executant must attend in person by appointment and sign and give fingerprints before the consular officer; and the grantor must bring proof of Bangladeshi nationality, the attorney's national identity card, a photograph of each party and documents identifying the property, such as the khatian, mutation papers or a recent tax receipt.[9] The mission then requires counter-attestation by the Ministry of Foreign Affairs in Dhaka within two months of signing.[9] Requirements and fees differ by mission, so check the relevant mission's current checklist before booking.

Identity documents after the 2025 amendment

The identity question has been litigated. In Ehsan Abdullah Siddiq v Bangladesh, decided in August 2023, the High Court Division held that the High Commission in London acted without lawful authority in refusing to attest a power because the British-citizen grantors produced UK rather than Bangladeshi passports. The court read the identification requirement in the Rules as disjunctive, so any one of the listed documents was enough, and directed attestation of a fresh power within 30 days.[10] The February 2025 amendment now says expressly that a foreign passport with a No Visa Required sticker, a national identity card or a birth certificate will do.[2]

Deadlines after the power arrives

Time limits run at both ends. Under the 2025 amendment the authenticated power must be sent to Bangladesh within six months of authentication.[2] Under section 26 of the Registration Act, a document executed outside Bangladesh may be accepted if it is presented within six months after its arrival in Bangladesh.[3] In Md Shah Alam v Government of Bangladesh, decided on 7 December 2025, a power executed in the United States and authenticated at the embassy reached the Ministry of Foreign Affairs in February 2023, was stamped by the treasury in July 2023 and reached the sub-registrar in August 2023. The district registrar refused it as time-barred.

The High Court Division held that refusal arbitrary, said administrative delay cannot defeat a lawful right, and directed registration within one month without any plea of limitation.[12]

When a power of attorney Bangladesh courts receive is defective

The rules apply to general powers used in litigation too. In Gulf Oil Marine Ltd v MT Fadl-e-Rabbi, decided in August 2025, a general power executed in Hong Kong, notarised there and attested by the Bangladesh consulate had not been stamped, lacked the photographs and identification details the Rules require and had not been authenticated by the Ministry of Foreign Affairs within the required period. The court held it was not executed in accordance with law, ruled the attorney's evidence inadmissible and dismissed the claim.[11] A foreign company suing or defending in Bangladesh through a local attorney should treat these formalities as part of its case, not paperwork.

Foreign nationals and companies

Foreign individuals and companies use the same structure. A company grants the power by board resolution and the signature of an authorised officer, and the instrument should recite and attach a certified copy of that resolution. The power then passes through the Bangladesh mission, the Ministry of Foreign Affairs and the Collector in the same way, and a defect discovered at trial can be fatal.[11]

Where the Apostille Convention fits

Bangladesh acceded to the Hague Apostille Convention on 29 July 2024, and the Convention entered into force for Bangladesh on 30 March 2025.[8] An apostille replaces consular legalisation of a foreign public document between contracting states, but some states have lodged objections to Bangladesh's accession, so check the status table for the state where the power is signed.

The Convention has not amended the 2012 Act. Section 6(6) still requires Ministry of Foreign Affairs authentication and Collector stamping for an irrevocable power executed abroad, and the 2025 amendment to the Rules kept execution and authentication through the Bangladesh mission.[1] [2] For a power that must be registered, execution at the mission remains the reliable course; an apostilled notarial power carries a real risk of rejection by the sub-registrar.

What an attorney can and cannot do

Under a power of attorney Bangladesh law treats the attorney as an agent, and the Contract Act 1872 supplies the duties the 2012 Act does not spell out. The attorney must conduct the principal's business according to the principal's directions, must render proper accounts on demand, and if the attorney deals on their own account without the principal's consent, the principal may repudiate the transaction.[5] An attorney who sells the principal's land to a relative or a company they control, without disclosure and consent, is exposed on exactly that basis.

Several grantors or several attorneys

The Act deals with joint arrangements directly. If one of several grantors dies before the purpose is achieved, that grantor's heirs step into their place as though the death had not occurred. If one of several attorneys dies, the power is not cancelled and remains valid for the survivors.[1] Where there are several attorneys, the instrument should say whether they must act jointly or may act severally, because silence invites dispute.

Protection for people who deal with the attorney

A buyer, tenant or bank who pays money or acts in good faith without knowing that the grantor has died, become of unsound mind or insolvent, or that the power has ended, has the same remedies against the attorney as it would have had against the grantor.[1] Under the Contract Act, termination of an agent's authority takes effect against third parties only when it becomes known to them.[5] Anyone buying through an attorney should therefore inspect the registered power, confirm that it extends to sale and to receiving the price, and search for a registered cancellation. Our guide to buying property in Bangladesh sets out the wider due diligence.

Revoking or ending a power of attorney

Revocation is where the difference between the two categories of power of attorney Bangladesh law recognises bites hardest.

General powers

Section 11 provides that a power ends when the specific act is done or the special purpose achieved, when its fixed term expires, or when its subject matter is destroyed or ceases to exist. A general power also ends on the grantor's insolvency, unsoundness of mind or death, or on dissolution of a corporate grantor.[1] The grantor may terminate a general power by giving the attorney 30 days' notice by registered post, and acts done before the notice was served remain valid. The attorney may likewise renounce by 30 days' registered notice.[1]

Irrevocable powers

An irrevocable power cannot be withdrawn simply because the grantor has changed their mind. The death and incapacity grounds in section 11 apply only to general powers, and section 4 provides that the rights and liabilities under an irrevocable power pass to the heirs or successors if a party dies before its term expires.[1]

In Md Ziaul Haque v Bangladesh, decided in November 2024, a guarantor had mortgaged her property and given the bank an irrevocable power to sell on default, then died. The High Court Division held that the power survived her death, that the bank's sale deed as attorney was valid and that the auction purchaser took good title, leaving the heirs to any claim for compensation in the civil court.[13]

The general law points the same way. Under section 202 of the Contract Act, where the agent has its own interest in the property that forms the subject matter of the agency, the agency cannot, absent an express contract, be terminated to the prejudice of that interest.[5]

Development powers

For land development, section 4 requires a fixed term during which the power is irrevocable, allows the attorney's sale and mortgage powers to continue after expiry until exercised, and permits either side to terminate on 30 days' notice by registered post, copied to the sub-registry, where the purpose or conditions are frustrated or a party is suffering loss. The notice suspends the power while the section 13 dispute process runs, and the term can be extended only by registered agreement.[1] Our analysis of the developer–landowner dispute in Bangladesh explains how that procedure plays out on a stalled project.

Practical steps on revocation

Serve the statutory notice by registered post and keep the postal receipts. Send a copy to the sub-registrar's office where the power was registered or recorded, and register a deed of cancellation so that the revocation appears in any search. Write to banks, tenants, RAJUK or the relevant authority, and any known counterparty so that no one can later claim good-faith reliance. Recover the original power and any certified copies. Where the attorney refuses to stop acting, move promptly for an injunction rather than relying on the notice alone.

Misuse and power of attorney disputes in Bangladesh

Power of attorney disputes in Bangladesh tend to follow a handful of patterns: an attorney who sells for less than market value or to an associate; a power granted for management that is stretched to cover a sale; a sale after the grantor revoked the power or died; a family member who obtains a power from an elderly or absent relative and then disposes of the property; and a developer that keeps selling flats after the landowner's notice. Each pattern raises the same questions: what the power authorised, whether it was valid and in force, and what the attorney did with the proceeds.

Compulsory first step for registered powers

Section 13 of the Act requires disputes arising from a registered power first to be settled by compromise. If a party will not cooperate, the other may give notice to appoint a neutral mediator, and the recipient must join in appointing one within 30 days. The mediator's decision binds the parties and those claiming through them. Only if the parties fail to appoint a mediator may either side file a suit in a competent court.[1] Skipping this step gives the other side an easy procedural objection.

Civil remedies

Where mediation fails or the power is unregistered, the main civil tools are a suit for accounts against the attorney; a declaration that the power is void or has ended; a suit to cancel the power and any deed executed under it, which our guide to the deed cancellation suit in Bangladesh covers in depth; temporary and permanent injunctions to stop further transfers; and repudiation of self-dealing transactions under the Contract Act.[5] Speed matters, because each further transfer to a buyer who claims good faith makes recovery harder.

The burden of proving fraud

Courts start from the registered document. In Nirendra Kumar Paul v Parikshit Dutta Chowdhury, decided in September 2024, a grantor sued to have a registered irrevocable power declared void for fraud after the attorney sold the land to his own wife. The High Court Division set aside the decrees in the grantor's favour, holding that the person alleging fraud bears the full burden of proving it, that a registered document carries a presumption of regularity, that oral evidence cannot vary its terms and that only a decree of a competent civil court can undo a registered instrument.[14] A grantor who signed a broad power and then waited years to complain will find the litigation hard.

Forged powers of attorney: criminal and civil remedies

Forgery is the most serious misuse of a power of attorney Bangladesh owners face, and the one with the strongest remedies. A forged power usually appears in one of two ways: a document the owner never signed, often supported by an impostor at the sub-registry, or a genuine general power altered to add a power of sale.

Penal Code offences

Section 466 of the Penal Code 1860 expressly includes a forged power of attorney among the documents whose forgery is punishable with imprisonment of up to seven years and a fine. Forgery of a valuable security, or of a document purporting to authorise the transfer of a valuable security or the receipt of money or movable property, under section 467 carries imprisonment for life or up to ten years. Forgery for the purpose of cheating under section 468 carries up to seven years, and using a forged document as genuine under section 471 is punished as if the user had forged it.[6]

The Land Crime Prevention and Remedy Act 2023

Where the forged power concerns land, the 2023 Act gives a dedicated route. Land fraud under section 4, which includes impersonating another person in a transfer and executing documents with false particulars, and land forgery under section 5, which includes making a document as if another person executed it, each carry up to seven years' imprisonment and a fine. Offences under the Act are cognizable, those under sections 4 and 5 are non-bailable, and trials before a first class or metropolitan magistrate are to be completed within 180 days.[7]

When a court finds that a deed was created by fraud or forgery, it must send its judgment to the Deputy Commissioner and other authorities so the finding is recorded in the land records, and an authority that suspects a fraudulent document in a land transaction must refer it to a criminal court.[7] A person dispossessed without a court order can also apply to the executive magistrate for restoration of possession.[7] Our guide to land grabbing cases in Bangladesh explains how these routes combine.

Running criminal and civil cases together

A criminal conviction does not by itself cancel a registered deed, and a civil decree does not punish the forger. Most clients need both: a criminal complaint to secure evidence and deter further dealing, and a civil suit to cancel the forged power and every deed built on it, with an injunction against further transfer. Obtain certified copies of the power and the volume entries from the sub-registry early, and commission a handwriting or fingerprint comparison where the signature is disputed.

Step by step: a power of attorney that will hold up

Whether the grantor is in Dhaka or abroad, the same disciplined sequence avoids the defects that cause most refusals and disputes.

Swipe or scroll →

Comparing the main types of power of attorney in Bangladesh

The table summarises how the main categories differ. On a phone, scroll it sideways.

For a family arrangement, a commercial mandate or a cross-border sale, the right answer is often a combination: a narrow irrevocable power for the sale itself and a separate general power for management, tax and mutation, each with its own term and clear limits. Our real estate disputes practice and cross-border family matters practice advise on both.

Power of attorney Bangladesh mistakes to avoid

• Calling a sale power "general": the subject matter decides the category, and an unregistered power to sell will not support a registered transfer.[1]
• Drafting too widely: every act the power authorises binds the grantor under section 7, so list the property, the permitted acts and the term.[1]
• Ignoring the title gateway: without an up-to-date khatian and tax receipts, the power cannot lawfully be executed over land.[7]
• Missing deadlines after signing abroad: mission counter-attestation windows, the six-month dispatch rule, Collector stamping and the six-month registration window all run.[2] [3]
• Relying on an unauthenticated foreign power in court: a defective power can make the attorney's evidence inadmissible.[11]
• Revoking informally: a phone call or a note on the original does not end a power; serve statutory notice and record the cancellation.[1]
• Waiting too long to challenge misuse: delay strengthens the presumption in favour of the registered document and the position of later buyers.[14]

Where the property comes through inheritance, settle the heirs' shares first and obtain the relevant succession papers; our guides to inheritance law in Bangladesh and the succession certificate in Bangladesh explain how. If a power is about to be signed, revoked or challenged, contact TRW for a review of the document and the steps around it.

Frequently asked questions

Which law governs a power of attorney in Bangladesh?

Every power of attorney Bangladesh sub-registrars and courts act on is governed by the Power of Attorney Act 2012, in force since 1 July 2013, together with the Power of Attorney Rules 2015. The Registration Act 1908, Stamp Act 1899 and Contract Act 1872 continue to apply where consistent with the 2012 Act.[1] [2]

Is registration of a power of attorney compulsory?

Registration is compulsory for an irrevocable power, meaning one to sell, agree to sell or mortgage immovable property, or to develop land for consideration. General powers are not subject to that requirement, though they may need authentication under section 33 of the Registration Act to present documents for registration.[1] [3]

What is the difference between a general and an irrevocable power of attorney?

An irrevocable power covers sale, sale agreements, mortgages of immovable property and land development for consideration; every other power is general. A general power ends on the grantor's death or on 30 days' registered notice, while an irrevocable power survives death and cannot be withdrawn at will.[1] [13]

How much stamp duty is payable on a power of attorney?

Under item 47 of the Stamp Act schedule as substituted in 2022, a general power attracts Tk 1,500 and an irrevocable power for consideration 1.5 per cent of the consideration value, between Tk 10,000 and Tk 1 lakh. Lower fixed rates apply to single-transaction and bank security powers.[4]

How does an NRB execute a power of attorney from abroad?

The grantor signs the prescribed form in person at a Bangladesh mission. The power is then authenticated by the Ministry of Foreign Affairs in Dhaka and stamped by the Collector, and an irrevocable power is recorded by the sub-registrar.[1] [9]

Do I need a Bangladeshi passport to give a power of attorney abroad?

No. Since the February 2025 amendment to the Rules, a foreign passport with a No Visa Required sticker, a national identity card or a birth certificate is accepted.[2]

Can an apostille replace embassy attestation for a power of attorney?

Not safely for a power that must be registered. The Apostille Convention has applied to Bangladesh since 30 March 2025, but the 2012 Act still requires Ministry of Foreign Affairs authentication and Collector stamping of an irrevocable power executed abroad.[1] [8]

How do I cancel a power of attorney?

A general power is ended by 30 days' notice to the attorney by registered post. A land development power can be terminated on 30 days' notice copied to the sub-registry in the circumstances section 4 allows. Record the cancellation and notify anyone likely to deal with the attorney.[1]

What can I do if my attorney sold my property without authority?

For a registered power, start with the compromise and mediation route in section 13, then sue for cancellation, declaration, accounts and an injunction. A sale to the attorney's own associate without consent may be repudiated under the Contract Act.[1] [5]

What is the punishment for forging a power of attorney?

Forging a power of attorney is punishable under section 466 of the Penal Code with up to seven years and a fine. Where land is involved, land forgery under section 5 of the Land Crime Prevention and Remedy Act 2023 also carries up to seven years and is non-bailable.[6] [7]