Power of Attorney from Abroad 2026: A Practical Guide for the Bangladeshi Diaspora in the UK, US, Gulf, Italy and Malaysia

Power of attorney from abroad: what changed for the diaspora

A power of attorney from abroad is how most of the Bangladeshi diaspora keeps control of land, flats, bank accounts and inheritance claims at home. The legal route has changed more in the last two years than in the previous decade: the Power of Attorney Rules 2015 were amended to accept a national identity card, a birth certificate or an NVR-endorsed foreign passport; the deadline for presenting a deed executed overseas has been lengthened; Bangladesh has joined the Apostille Convention; and the new Visa Policy 2026 widens No Visa Required status to second and third generations.

This alert is written for Bangladeshis and people of Bangladeshi origin in the United Kingdom, the United States, the Gulf, Italy and Malaysia. It explains which identity documents now work, where and how to sign, what each mission actually asks for, when an apostille helps and when it does not, the deadlines that run once the deed leaves your hands, how RAJUK approvals fit in, and why an irrevocable power deserves more caution than any other document you will sign for Bangladesh. For the full domestic framework, including stamp duty, revocation and forgery remedies, read our core guide to the power of attorney in Bangladesh.

Summary: A grantor living abroad signs the prescribed form in person before a consular officer at a Bangladesh mission, using a Bangladeshi passport, an NVR-endorsed foreign passport, an NID card or a birth certificate. The deed must then reach Bangladesh within six months of authentication, be authenticated by the Ministry of Foreign Affairs, be stamped by the Collector and, for an irrevocable power, be recorded by the sub-registrar. Since 1 January 2026 a document executed abroad may be presented within six months of its arrival.

Key point: An apostille does not replace the mission route for a power that sells, mortgages or develops land. The Power of Attorney Act 2012 still requires Ministry of Foreign Affairs authentication and Collector stamping for an irrevocable power executed abroad, so book the embassy appointment rather than a local notary for that category.

At a glance

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Table of Contents

Why the rules on a power of attorney from abroad changed

The Power of Attorney Act 2012 created a dedicated route for a grantor who lives outside Bangladesh. Section 6 applies section 33(1)(c) of the Registration Act 1908 to that grantor, requires the grantor to sign and identify the attorney's photograph at the time of execution, and provides that a deed executed abroad must be authenticated by the Ministry of Foreign Affairs after it first enters Bangladesh and then stamped by the Collector under section 18 of the Stamp Act 1899.[1] The Collector sends a copy to the sub-registrar, who records it in Book No. 1.[1]

The problem for the diaspora was not the statute but the identity requirement in the Rules. Many grantors had given up Bangladeshi passports on naturalising in the UK, the US or Italy, and missions refused to attest powers without one. Heirs born abroad often had no Bangladeshi document at all. The result was property that could not be sold, mutated or even taxed by its owners.

The February 2025 amendment, reported in November 2025

The interim government amended two rules of the Power of Attorney Rules 2015 by a gazette published on 12 February 2025. New clauses in rule 2 bring birth certificates and national identity cards within the identification provisions, rule 10 on powers executed outside Bangladesh now accepts alternatives to the grantor's Bangladeshi passport, and paragraph 4 of Form 3 in Schedule Ka was changed to match.[2] As reported on 7 November 2025, a grantor abroad can now prove identity with a Bangladeshi passport, a foreign passport carrying a No Visa Required sticker, an NID card or a birth certificate.[2]

The six-month dispatch rule

The same amendment inserted a new sub-rule requiring a power executed and authenticated abroad, with its copy, to be sent to Bangladesh within six months of authentication.[2] This is the first deadline that runs against a grantor who signs a power of attorney from abroad, and it runs from the date of the consular authentication, not from the date the attorney receives the document.

What the amendment did not fix

The amendment widened the doors into the system; it did not change what happens inside it. Execution and authentication still take place through the Bangladesh mission in the grantor's country, registration remains mandatory for a power over land, flats or other immovable property, and RAJUK's own prior-approval requirement for its plots and flats, introduced in March 2023, remains in force.[2] Practitioners quoted at the time warned that a wider, unified reform would be needed to make the change fully effective.[2]

Which documents prove identity in 2026

On paper, the Rules now accept four routes. In practice, each mission publishes its own checklist, and those checklists do not always repeat the Rules word for word. Before booking, compare the document you hold with the checklist of the mission you will attend.

The four accepted routes

• Bangladeshi passport: still the simplest proof. Some missions also accept an expired machine-readable or handwritten passport.[6]
• NID card: a clear copy of both sides is usually required, and the attorney in Bangladesh will normally need an NID in any case.[6]
• Birth registration certificate: London and New York specify an online-verifiable certificate; London refers to the 17-digit birth registration number.[6] [7]
• NVR-endorsed foreign passport: accepted by the amended Rules for persons of Bangladeshi origin holding foreign passports.[2]

Where mission checklists lag behind

When we checked in October 2026, none of the London, New York, Dubai or Kuala Lumpur checklists named an NVR passport expressly as a stand-alone identity document for the grantor.[6] [7] [8] [9] The Rules take priority over a website, but a consular officer who follows the published checklist can still delay an appointment. If your only document is an NVR passport, write to the mission in advance, cite the 2025 amendment and ask for written confirmation that it will be accepted. Where you also hold an NID or a birth registration number, bring it.

Matching names across documents

Name mismatches cause more refusals than missing documents. London requires each executant's name in the property document to match the nationality document.[6] Where a name has changed through marriage or naturalisation, New York asks for the court order recording the change.[7] Fix spelling differences between the khatian, the NID and the passport before you book, because the mission will not correct them for you.

Executing a power of attorney from abroad at a Bangladesh mission

Every mission follows the same basic pattern. The grantor brings the deed unsigned, attends in person, signs and gives fingerprints before the consular officer, and leaves with an authenticated original to send to Bangladesh. The prescribed format for overseas grantors is Schedule Ka, Form 3, and London and Dubai both publish Bangla and English templates.[6] [8]

Drafting before the appointment

Draft in Bangladesh, not at the mission counter. The deed should identify the property by mouza, khatian and dag, list the exact acts the attorney may perform, state the term, and say whether the attorney may receive the price. London advises that a Bangladeshi advocate may help prepare the clauses, and expects the completed document to be printed before the appointment.[6] A deed drafted by the attorney alone is the most common source of later disputes.

Property documents the mission will ask for

Missions want proof that the property exists and that the grantor is connected to it. London accepts the khatian, mutation paper, porcha, namjari or an updated land development tax receipt, and states that the land deed (dolil) alone is not acceptable.[6] Dubai asks for the updated tax receipt, the updated record of rights and the mutation copy.[8] Where the property stands in a deceased parent's name, both missions want the death certificate and a succession or inheritance certificate.[6] [8]

The khatian gateway

These checklists reflect a statutory condition. Under section 6(3) of the Land Crime Prevention and Remedy Act 2023, a person may not sell, gift or otherwise transfer land, execute a power of attorney over it or register a deed for it unless a current, valid khatian prepared or updated under section 143 or 144 of the State Acquisition and Tenancy Act 1950 stands in that person's name and the person can show proof of updated land development tax.[11] For inherited land, that usually means completing land mutation in the heirs' names before any power is signed abroad. Our land records, mutation and khatian correction practice handles that step for overseas clients.

Country by country: UK, US, Gulf, Italy and Malaysia

The legal route is identical everywhere; the practical details are not. The figures below are taken from each mission's published page when checked in October 2026. Fees and procedures change without notice, so treat them as a guide and confirm before you travel.

United Kingdom

The High Commission in London requires one unsigned power in the Schedule Ka, Form 3 format, recent colour photographs of each executant and attorney, and an advance booking made in the name of an executant. All executants attend in person and sign and give fingerprints before the attaché-consular. The fee is £64 for up to five pages and £4 for each further page, payable by card.[6] Two points catch British grantors out: each power needs its own appointment, and the signed power must be counter-attested by the Ministry of Foreign Affairs in Dhaka within 60 days of signing.[6] Grantors outside London should check whether a consulate nearer to them offers the service.

United States

The Consulate General in New York asks for an application form, the original power with one set of photocopies, a Bangladeshi passport, NID or online-verifiable birth certificate for the principal and the attorney, a US photo ID, proof of ownership and two photographs for each person. Each principal signs and gives a thumbprint before the consular officer. The regular fee is US$55, plus US$5 per page from the sixth page, and the attested original can be collected the next working day.[7] The Washington embassy and other US consulates have their own jurisdictions and checklists. The leading 2025 case on delayed registration, discussed below, concerned a power executed in the United States.[10]

The Gulf

The Consulate General in Dubai processes powers in the Schedule Ka, Form 3 format, in two sets, with the grantor's passport or NID and the attorney's passport or NID. Ordinary processing costs AED 37 for the first five pages and AED 18 for each further page and takes up to three working days; the urgent service costs AED 73 for the first five pages and is delivered the same day.[8] Dubai states that a power of attorney is not permitted in a divorce matter.[8] Workers in Saudi Arabia, Kuwait, Qatar, Oman and Bahrain should use the mission accredited to their country, which may run consular camps away from the capital.

Italy

Italy has one of the largest Bangladeshi communities in Europe, and many grantors now hold Italian citizenship. Use the Bangladesh mission with jurisdiction over your region and ask for its current checklist in writing. Because Italy is a party to the Apostille Convention, documents issued by Italian authorities, such as a certificate of name change or a death certificate needed for a succession, can travel to Bangladesh with an apostille.[5] The power itself, if it is irrevocable, should still be executed at the mission.

Malaysia

The High Commission in Kuala Lumpur accepts the deed on stamp paper or plain paper, describing the principal and attorney as in their passport or NID, with an application letter, two photographs of each party, the property documents and the names, addresses and signatures of two witnesses, one from Malaysia and one from Bangladesh. Executants must appear in person. The fee is RM20 per set of up to three pages, paid only by deposit at a Maybank branch, and the mission will not attest powers in divorce-related matters.[9] Its published identity list names a valid or expired Bangladeshi passport or an NID, so workers relying on a birth certificate should confirm acceptance first.[9]

Apostille status of Bangladesh and what it means for your power

Bangladesh acceded to the Hague Apostille Convention on 29 July 2024, and the Convention entered into force for Bangladesh on 30 March 2025. The HCCH status table marks the accession as one to which objections have been lodged, which means the Convention does not operate between Bangladesh and any state that objected.[5]

Status in the diaspora's main countries

When checked in October 2026, the United Kingdom, the United States, Italy, Saudi Arabia, Oman and Bahrain were contracting parties. The United Arab Emirates, Qatar, Kuwait and Malaysia did not appear in the status table.[5] For grantors in those four countries, the apostille route is not available at all, and consular legalisation or mission execution remains the only path.

Why the mission route still matters

The Convention removes the need to legalise a foreign public document. It does not amend the Power of Attorney Act 2012, which still requires an irrevocable power executed abroad to be authenticated by the Ministry of Foreign Affairs after it enters Bangladesh and stamped by the Collector.[1] As reported in November 2025, registration is mandatory for powers over land, flats and other immovable property, executed and authenticated through the embassy, while notarisation is enough for other documents.[2]

Where a notarised, apostilled power can work

Section 33(1)(c) of the Registration Act 1908 allows a principal living outside Bangladesh to have a power authenticated before a notary public, a court, judge or magistrate, or a Bangladesh consul or vice-consul.[3] A narrow general power, for example one that authorises an attorney to collect rent, deal with a utility or appear in a mutation hearing, may therefore be notarised locally and apostilled in a contracting state. Even then, confirm with the office that will rely on it. For anything touching sale, mortgage or development, a power of attorney from abroad should go through the mission.

Deadlines after signing: authentication, stamping and registration

The clock starts the moment the consular officer authenticates the deed. Missing a step can make an otherwise valid power unusable, and missing the final step can leave a sale stranded at the sub-registry. The sequence below assumes an irrevocable power over land.

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The statutory windows

Three time limits apply. First, the amended Rules require the authenticated deed to be sent to Bangladesh within six months of authentication.[2] Second, some missions impose a shorter window for Ministry of Foreign Affairs counter-attestation; London's is 60 days from signing.[6] Third, section 26 of the Registration Act 1908 allows a document executed outside Bangladesh to be accepted if it is presented within a fixed period after its arrival.[3]

The 2026 extension of section 26

The Registration (Amendment) Act 2026, Act No. 14 of 2026 dated 10 April 2026, replaced "four" with "six" in section 26, so the period after arrival is now six months, and widened the payment wording to fees, taxes, service charges or duties as applicable. That change is deemed to have taken effect on 1 January 2026.[4] Domestic documents remain subject to the general three-month rule in section 23, with up to four further months on payment of a fine of up to ten times the registration fee where the delay was caused by urgent necessity or unavoidable accident.[3]

When the delay is the State's

In Md Shah Alam v Government of Bangladesh, decided on 7 December 2025, a power executed by a US resident and authenticated at the embassy reached the Ministry of Foreign Affairs on 22 February 2023, received its stamp at the Dhaka treasury on 24 July 2023 and was presented to the Sutrapur sub-registrar on 24 August 2023. Registration was refused as time-barred. The High Court Division held that administrative delay cannot defeat a lawful right, called the refusal arbitrary, and directed registration within one month without any plea of limitation.[10] Keep every courier receipt and ministry acknowledgement: they are your evidence if the delay is not yours.

E-registration on the horizon

The 2026 Act also inserts a new Part XIIA permitting documents to be presented, admitted and registered digitally through government-approved software, under rules to be notified in the gazette.[4] Until those rules are made and extended to documents executed abroad, plan on paper originals and physical presentation by the attorney.

RAJUK plots and flats: approvals through the embassy

For leased plots and flats in RAJUK schemes, there is an additional layer. Since March 2023 RAJUK has required its prior approval before an attorney is appointed or cancelled over its residential, commercial, industrial and institutional plots and flats, and a RAJUK deputy director confirmed in November 2025 that the requirement remains in force.[2]

Remote completion through the mission

The practical change for overseas owners is that the RAJUK approval stage, which previously required the owner to attend in person in Dhaka, can now be completed remotely through the embassy.[2] In practice, that means the RAJUK application and the mission-executed power should be planned as one project: obtain the RAJUK checklist first, make sure the deed's description of the plot or flat matches RAJUK's allotment records exactly, and ask the mission how it will handle any identification or hearing step RAJUK requires.

The risks of an irrevocable power of attorney from abroad

An irrevocable power is the most powerful document an overseas owner can sign. Section 2 of the 2012 Act treats a power as irrevocable when it is given to sell immovable property, to sign a sale agreement, to mortgage immovable property for a loan, or to develop land in return for consideration.[1] The label on the document does not matter; the subject matter does.

You cannot simply change your mind

A general power ends on 30 days' notice by registered post, and on the grantor's death or incapacity.[1] An irrevocable power does not. For a development power, the Act fixes a term during which the power is irrevocable, keeps the attorney's sale and mortgage powers alive after expiry until they are exercised, and passes rights and duties to the heirs if a party dies before the term ends.[1] Termination on 30 days' notice is available only where the purpose or conditions are frustrated or a party is suffering loss, and the notice suspends the power while the dispute process runs.[1]

Distance multiplies the risk

An owner in Birmingham, Queens, Riyadh, Rome or Penang cannot inspect the land, attend the sub-registry or meet the buyer. The usual problems are sales below value, sales to the attorney's relatives, prices never remitted and development deals that shrink the owner's share. Each is harder to unwind once the power is registered.

Disputes go to compromise and mediation first

Section 13 requires a dispute arising from a registered power to be settled first by compromise. If a party will not cooperate, the other may give notice for a neutral mediator, the recipient must join in appointing one within 30 days, and the mediator's decision binds the parties. Only if no mediator is appointed may either side go to court.[1] Plan for that process when drafting, by naming how notices will be served on an owner who lives abroad. Our real estate disputes practice acts for overseas owners in these mediations and in the cancellation suits that follow.

Drafting protections that work

• One property, one purpose: grant a separate irrevocable power for each sale or mortgage, and a general power for management.
• A floor price: state a minimum consideration and require the grantor's written approval of the buyer.
• Payment into your account: require the price to be paid by bank transfer into an account in the grantor's name, not to the attorney.
• A short term: fix an end date for the power, and for a development power state the number, floors and handover dates of the owner's units.
• Reporting duties: require copies of every deed, receipt and correspondence within a set number of days.
• Joint attorneys: where trust is limited, require two attorneys to act jointly.

Visa Policy 2026: NVR for second and third generations

The identity reform for powers of attorney now meets a parallel reform in immigration. The cabinet approved the Visa Policy 2026 in August 2026, replacing the 2006 policy, and it was reported on 24 August 2026 as taking immediate effect, with earlier visa circulars cancelled and visas already issued remaining valid until expiry.[13] The policy text states that it comes into effect immediately.[12]

Who can now hold NVR

Under clause 28 of the policy text, NVR may be issued in a foreign passport to persons of Bangladeshi origin who have acquired another citizenship, excluding SAARC countries; to second and third-generation foreign citizens of Bangladeshi origin, with their spouses and children; to foreign spouses and children of Bangladeshi citizens; and to foreign investors meeting a US$5 million threshold certified by an investment authority.[12] NVR remains valid for the life of the passport in which it is endorsed.[12]

Proof, verification and fees

Applicants must prove Bangladeshi ancestry or the family relationship, for example with a dual nationality certificate, a Bangladeshi machine-readable or e-passport, an NID, an online birth registration certificate or a citizenship certificate, and police verification is required for spouses and children over 15.[13] The policy text and press reports of the approved policy give the NVR application fee as US$80.[12] [13] Mission fee pages had not all caught up when we checked; New York still listed US$88.[14] Confirm the current fee and conditions with your own mission before applying.

Why NVR matters for your power of attorney

Because the amended Power of Attorney Rules accept an NVR-endorsed foreign passport as proof of identity, a grandchild in Manchester or New Jersey who inherits a share of family land may now have a workable route to sign a power of attorney from abroad without first obtaining a Bangladeshi passport.[2] [12] Two cautions apply. The heir still needs a khatian in their own name before a power over land can be executed, and missions' checklists may not yet reflect the Rules. Our guides to dual nationality certificates and types of visas in Bangladesh explain the immigration side, and our immigration and visa services practice handles NVR applications.

Inheritance, family property and the next generation

Many diaspora powers are not about a single owner but about a family. Where land passes on death, every heir abroad may need to sign, and each signature is a separate appointment at a separate mission. Settle the shares first, under the applicable personal law, and obtain the succession papers missions ask for.[6] [8] Our guides to inheritance law in Bangladesh and the succession certificate explain both steps.

Cross-border family matters

A power of attorney cannot be used to bypass family law. Dubai and Kuala Lumpur both refuse powers in divorce matters.[8] [9] Where property issues sit alongside marriage, custody or maintenance disputes, take advice before signing anything. Our cross-border family matters practice advises on both sides.

Power of attorney from abroad: mistakes to avoid

• Signing before mutation: without a current khatian and tax receipts in your name, the power cannot lawfully be executed over land.[11]
• Relying on an apostille for a sale power: irrevocable powers still need MoFA authentication and Collector stamping.[1]
• Assuming the checklist matches the Rules: get written confirmation if you rely on an NVR passport alone.
• Losing time in the post: the six-month dispatch rule and London's 60-day counter-attestation window run from signing and authentication.[2] [6]
• Ignoring RAJUK: prior approval is still required for RAJUK plots and flats.[2]

A power of attorney from abroad is a one-way door if it is irrevocable. Draft it in Bangladesh, sign it at the mission, track every deadline and keep the evidence. If you are about to sign, revoke or challenge a power, contact TRW in Dhaka for a review of the deed and the steps around it.

Frequently asked questions

Can I give a power of attorney from abroad without a Bangladeshi passport?

Yes. Since the February 2025 amendment to the Power of Attorney Rules 2015, reported in November 2025, a grantor abroad may use an NVR-endorsed foreign passport, an NID card or a birth certificate instead.[2]

Do I have to attend the embassy in person?

Yes. London, New York, Dubai and Kuala Lumpur all require executants to appear in person and sign before the consular officer, with fingerprints or thumbprints where the mission requires them.[6] [7] [8] [9]

How long do I have to send the power to Bangladesh?

The amended Rules require it to be sent within six months of authentication. Some missions set shorter windows for MoFA counter-attestation; London's is 60 days from signing.[2] [6]

How long does my attorney have to present it for registration?

Under section 26 of the Registration Act 1908, as amended by Act No. 14 of 2026 with effect from 1 January 2026, a document executed abroad may be presented within six months of its arrival in Bangladesh.[3] [4]

Is Bangladesh a member of the Apostille Convention?

Yes. Bangladesh acceded on 29 July 2024 and the Convention entered into force for it on 30 March 2025, subject to objections lodged by some states.[5]

Can I use an apostilled notarial power to sell land?

It is not safe. An irrevocable power executed abroad must be authenticated by the Ministry of Foreign Affairs and stamped by the Collector, and powers over immovable property are executed through the mission.[1] [2]

Can I complete RAJUK's approval without travelling to Dhaka?

RAJUK's prior approval for appointing an attorney over its plots and flats still applies, but it was reported in November 2025 that expatriates can now complete the step remotely through the embassy.[2]

Can I cancel an irrevocable power if the attorney misbehaves?

Not at will. A development power may be terminated on 30 days' registered notice only where its purpose is frustrated or a party is suffering loss, and disputes over a registered power go first to compromise and mediation under section 13.[1]

Who qualifies for NVR under the Visa Policy 2026?

Persons of Bangladeshi origin with foreign citizenship (excluding SAARC countries), second and third-generation descendants with their spouses and children, foreign spouses and children of Bangladeshi citizens, and qualifying foreign investors.[12]

What does NVR cost in 2026?

The policy text and press reports give the application fee as US$80, but some missions still list older fees, such as US$88 in New York. Confirm with your mission before paying.[12] [13] [14]