Power of
Attorney in Nepal
Adhikrit Wareshnama (अधिकृत वारेसनामा) — Comprehensive legal guide for residents and Non-Resident Nepalis. Understand your rights, the process, and how to execute a valid POA from anywhere in the world.
- ✓Sections 144–155 Coverage
- ✓Embassy POA for NRNs
- ✓Property & Divorce POA
- ✓12+ Countries Served
अधिकृत वारेसनामा
Legally binding authority under Nepal’s National Civil Procedure Code — execute from Nepal or abroad
Power of Attorney in Nepal
A legally binding instrument under Sections 144–155 of the National Civil Procedure Code, 2074 (Muluqi Dewani Karyawidhi Sanhita) allowing a principal to authorize an agent — a Waris (वारिस) — to act on their behalf in legal, financial, and property matters.
Legal Basis
Governed by the National Civil Procedure Code, 2074, Sections 144–155. Any party in a legal case may appoint a Waris (वारिस) to represent them in court or execute transactions.
Who Needs It
Primarily useful for NRNs living abroad, individuals with illness or travel constraints, and anyone unable to be personally present in Nepal for legal proceedings or property dealings.
Where to Execute
Within Nepal: at the District Court. Abroad: at the Nepal Embassy or Consulate in your country of residence. Only original, attested documents are accepted.
Scope of Authority
Covers property transactions, court representation, business operations, banking, divorce filing, child custody, and government or administrative tasks — depending on the POA type.
Types of Power of Attorney
The National Civil Procedure Code, 2074 recognizes two primary types of POA. Choosing the correct type is critical — an insufficient POA type will prevent your representative from completing the intended transaction.
For routine legal and administrative tasks where broad transactional authority is not required. Suitable for court appearances and government applications.
- File and defend lawsuits
- Submit documents & appear at hearings
- Government/administrative tasks
- Cannot transfer property or settle claims
Broad authority including property transfers, settlements, and contracts. Required for divorce representation, property sale, and high-stakes litigation.
- All Simple POA powers
- Transfer immovable property (§154)
- Enter settlements & withdraw claims
- Can be executed before a case is filed
| Feature | Simple POA साधारण वारिसनामा | Authorized POA अधिकृत वारेसनामा |
|---|---|---|
| Legal Basis | Section 144 | Section 153 |
| File / Defend Lawsuits | ✔ Yes | ✔ Yes |
| Transfer Property | ✘ No | ✔ Yes (section-154) |
| Enter Settlements | ✘ No | ✔ Yes |
| Withdraw Claims | ✘ No | ✔ Yes |
| Execute Before Case Filed | ✘ No | ✔ Yes |
| Execution in Nepal | District Court | District Court |
| Execution Abroad | Nepal Embassy / Consulate | Nepal Embassy / Consulate |
| Best For | Court appearances, document filing, government applications | Divorce, property sale/transfer, business transactions |
Who Can Be Appointed as POA Holder?
Section 145 of the National Civil Procedure Code, 2074 specifies clear eligibility criteria. Not everyone can be appointed as your Waris — choose your representative carefully.
Legal Capacity
Must be competent to enter into a contract — minimum 18 years of age, mentally competent, and of sound mind.
No Government Defaults
Must not have outstanding obligations to the government — including unpaid court fees, fines, or penalties of any kind.
Clean Criminal Record
Must not have been convicted of forgery, fraud, corruption, or any offenses involving moral turpitude under Nepali law.
Family Exception
Joint family members can be appointed regardless of the above conditions — a special provision recognizing family trust.
Nepal Residency Required
For practical enforcement, the attorney must currently reside in Nepal to appear at courts, land offices, and government bodies.
No Dual Representation
The same person cannot represent both the plaintiff and defendant in the same case — conflict of interest is strictly prohibited.
Documents Required
Documents vary based on whether you are executing the POA at a Nepal Embassy abroad or at a District Court within Nepal, and by the specific purpose of the POA.
How to Execute a Power of Attorney
Step-by-step guide for NRNs abroad (Embassy attestation) and residents executing at a District Court in Nepal
Appoint a Representative
Choose a trusted family member, friend, or licensed lawyer currently residing in Nepal. They must be a Nepali citizen and meet the eligibility criteria under Section 145.
Lawyer Prepares the POA
A licensed advocate in Nepal drafts the POA on traditional Nepali paper (Nepali Kagaj) with the specific scope of authority clearly defined. Two copies are required — one for the Embassy, one for court filing.
Documents Sent to You Abroad
The POA document, application letter, and document checklist are sent to you via courier. The original must be signed by you in person — not electronically.
Book Embassy Appointment
Contact the Nepal Embassy or Consulate in your country to schedule an appointment. Allow 2–4 weeks lead time. Only the Ambassador or Head of Mission can attest the POA document.
Appear in Person at the Embassy
You must appear personally with all required documents and sign the POA in front of the verifying officer. No representative can sign on your behalf at this stage.
Pay Attestation Fee & Receive Attested POA
Pay the applicable Embassy attestation fee (varies by country). The Embassy attests, stamps, and certifies the document as legally valid.
Courier Original to Nepal
Ship the original attested POA to your representative in Nepal via DHL, FedEx, or EMS. Scanned copies or PDF emails are NOT accepted by Nepal courts or land offices.
Representative Acts on Your Behalf
Your representative files at the District Court or executes the authorized transaction — property transfer, divorce filing, banking — using the original attested POA document.
Prepare the POA Document
A licensed advocate drafts the POA document including the signatures, thumb impressions, and passport-size photographs of both the principal and the attorney/representative.
Both Parties Appear at the District Court
The principal and the attorney must jointly appear at the concerned District Court and submit the joint application along with the original POA document and supporting papers.
Judge Verifies Identity
A District Court judge verifies the identity of both parties, reviews the POA document for completeness, and authenticates it with the court seal and judicial signature.
Pay Verification Fee
Pay the court verification fee at the District Court cashier. Retain the receipt as proof of payment.
POA Registered & Active
The POA is registered with the court and becomes legally effective. Your attorney can immediately begin acting on your behalf for the specified purpose.
Nepal’s Trusted
POA Specialists
With 8+ years of experience handling Power of Attorney for NRNs across 12+ countries, our team ensures your Warisnama is correctly drafted, attested, and legally effective from day one.
Consult an Advocate TodayAutomatic Termination of POA
Section 155 specifies seven events that automatically terminate a Power of Attorney. It is critical to know these to avoid unauthorized actions by your representative.
Purpose Completed
The specified act, purpose, or time period is completed or expires — the authority automatically ends at that point.
Condition Triggered
A specific event or condition tied to the attorney’s authority occurs or ceases to exist as defined in the POA document.
Principal Cancels via Newspaper
Principal publishes cancellation notice in two national daily newspapers — this is the recognized legal method of public revocation.
Death of Either Party
If either the principal or the attorney passes away before the specified act is completed, the POA is automatically void.
Principal Acts Personally
The principal appears personally and transfers or exchanges the property the attorney was authorized to handle.
Lawsuit Between Parties
A lawsuit is filed between the principal and the attorney (or a joint family member) regarding the property mentioned in the POA.
Attorney Withdraws
The attorney provides written notice of unwillingness to continue, along with return of the original POA document.
Applicable Legal Provisions
National Civil Procedure Code, 2074 — Sections 144 to 155 govern all aspects of Power of Attorney in Nepal.
Appointment of attorney by parties in legal cases — the foundational provision enabling Waris appointments.
Qualifications required to be appointed as attorney — sets the eligibility criteria and disqualifications.
One person may serve as attorney in multiple cases simultaneously — allows broad representation.
One among several parties on the same side may represent the entire group as a single attorney.
Attorney appointed in one court may also be appointed to serve in another court for the same matter.
Powers of attorney strictly limited to what is specified in the POA document — no implied or extra authority.
Format and verification of Power of Attorney — defines the required form, execution, and registration process.
Changing or cancelling the representative — procedures for revocation and substitution of attorneys.
Authorized Power of Attorney (Adhikrit Wareshnama) — establishes the broader authority category.
Transfer of immovable property through authorized agent — including the gift deed restriction post-death.
Termination of authorized attorney status — the seven conditions that automatically void the POA.
Frequently Asked Questions
Common questions about Power of Attorney in Nepal from our NRN clients worldwide.
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Our experienced lawyers handle Power of Attorney for divorce, property transfer, child custody, and all legal matters in Nepal. NRN clients across 12+ countries served.