Waris is another name for Power of Attorney in Nepali. According to Section 144 of the National Civil Code of 2017, the party to the lawsuit who appoints someone to initiate the case on his or her behalf is known as a warish. The warish may appear in court on behalf of the party involved in the case. can give testimony and perform all other tasks on behalf of the party to the case
In Nepal, there are two kinds of Warish practices.
- Simple Power of Attorney
- Authorised Power of Attorney
Simple Power of Attorney
A simple power of attorney can be used to appear in court and register a case. A power of attorney can also be delegated to a family member or any other individual sitting at home.
Authorised Power of Attorney
An individual is granted authorised power of attorney in a lawsuit for the purpose of reaching a mutual consent agreement in the lawsuit, as well as selling and purchasing land by delegating all rights.
How to Create a Power of Attorney?
A duly authorised power of attorney If it is to be provided in Nepal, it can be provided in any of the country’s 77 districts.
Nepali Embassy in a Foreign Country
If you live in another country and want to sell or buy land in Nepal, or if you want to file a divorce suit in Nepal, you should contact the Nepal embassy. Then you can go to the Nepal embassy in your country of residence and give authorised power of attorney.
Easy way to divorce from outside Nepal / from a foreign country
What are the basic requirements for obtaining an Authorised Power of Attorney?
In Nepal, anyone can give another person authority to represent or act on his or her behalf for the purpose of selling legally held property or representing himself or herself in court in a specific form. The person granting such power of attorney may seek attestation from the Embassy.
The Embassy may verify the signature of those providing Power of Attorney (POA), in which case the procedure outlined below should be followed.
Prepare the PoA (two copies) and an application from a Nepalese legal practitioner in the format specified.
Make an appointment at the Embassy for the attestation (or send an email).
Come to the Embassy in person with the necessary documents at the time of your appointment.
Pay the revenue and have the documents attested.
Documents required for all
- Two original copies of Power of Attorney (drafted by a registered Nepalese legal practitioner and signed by him/her with full name and registration number, printed on Nepali paper)
- Original application (drafted by a registered Nepalese legal practitioner and duly signed by him/her with full name and registration number, printed on Nepali paper)
- Citizenship certificate (original and photocopy) (national ID for foreigners)
- Passport (original and copy)
- Each applicant and attorney must provide two photos taken within the last six months.
- A copy of the attorney’s citizenship certificate attested by a Nepalese notary public.
- If it is stated that the witnesses are to be presented in the Embassy, they must physically come to the Embassy; however, if only the names of the witnesses are mentioned, they must only sign the document.
Documents Not Included:
Property Disposal
Original and copy of ownership certificate (for example, a land registration certificate (Lalpurja), a vehicle registration certificate (blue book), a share certificate, and so on).
Original or notarised copy of most recent tax payment (revenue receipt).
To appoint heirs, the legal procedure must be followed. The application to the district court must be accompanied by both the landlord and the heir.
As often as possible, the approved heir should be chosen from among members of the same family, close relatives, family members, or trustworthy friends. Both the giver and the taker are required to appear in court.
After receiving the application, the competent district court completes the necessary steps, registers it, and forwards it to the bench.
Lack of willingness on the part of the power of attorney recipient
If the person who takes the power of attorney wishes to withdraw from the power of attorney, the power of attorney is cancelled if the authorised power of attorney is returned.
- Warish for bringing the suit
- a photocopy of your passport
- The lawsuit’s documentation
- a copy of your citizenship
- Marriage certificate
- Relationship certificate
- Power of Attorney for Land Purchase
- 4 copies of the photograph
- Receipt of the land-papers
- a copy of the citizenship
How to cancel Power of Attorney?
Many people are surprised to learn that they can buy and sell real estate even if they are not physically present at the Land Revenue Office. The house and land registered in our names may be sold to others even if we are not present in the office.
People who live overseas or elsewhere in the country can delegate their power of attorney to a qualified individual to sell their lands. The person who obtains a power of attorney will have the same rights as those who are owners.
The person who has been granted a power of attorney is recognised in the same way as the main person conducting business. ‘ If a person is unable to perform the legal duties that require them to be present in the legal body, the authorised heir is the official person given the legal authority to do so.
If a person is unable to attend the office in order to sell, distribute, or barter any immovable property of his rights and ownership, or to make a donation, or to transfer a right in any other way, or to pass any deed requiring registration in accordance with the law, there is a legal provision to appoint an authorised heir by the authority to sell and distribute such property, or to transfer the right from a donation deed, or to pass any deed.
Power of Attorney Cancellation Procedure
The legal procedure must be followed in order to appoint heirs. Both the landlord and the heir must accompany the application to the district court.
The approved heir should be chosen from among members of the same family, close relatives, family members, or trustworthy friends as often as possible. Both the giver and taker must appear in court.
The competent district court completes the necessary steps, registers it, and forwards it to the bench after receiving the application.
The judge will keep both parties while explaining the reason for the course of action and will certify two copies, one of which will be kept in court and one will be delivered to the party in question.
If the landlord lives abroad, the Nepali embassy in the relevant country should confirm it, . The advocate must prepare the necessary paperwork, which includes the party’s photo, land deeds, proof of the recipient’s citizenship, and payment receipt, in order for the embassy to certify the authorised power of attorney.
The advocate must then notarise the paperwork before delivering it to the appropriate person via courier or other delivery service. Following receipt of the papers, the individual forwards them to the ambassador for signature.
Power of attorney invalidation
A person is given authorised power of attorney for a specific task with a time limit. Once that time period has passed, the power of attorney will no longer be valid. The heir’s power of attorney for that specific duty expires once the task is completed.
job completion / job performance
If you assign the power of attorney for a specific time period, the validity of the authorized power of attorney expires at the end of that time period. For example, if a power of attorney is granted for the divorce process, the power of attorney will expire once the divorce proceedings are completed.
Similarly, if a power of attorney is granted to sell land or a house, the power of attorney will expire once the land sale is completed.
Condition fulfilment
If the power of attorney is assigned with specific conditions, then if those conditions are met and the work is completed, the validity of the authorised power of attorney is restored.
New case created
If there is a disagreement between the assignor and assignee of the power of attorney. The authorised power of attorney is then revoked. If the assignor and assignee of a power of attorney file a lawsuit against each other.
Lack of willingness on the part of the power of attorney recipient
If the person who takes the power of attorney wishes to withdraw from the power of attorney, the power of attorney is cancelled if the authorised power of attorney is returned.
Should you have any questions please do not hesitate to contact us at +977-9745374671 or by email info@corporatelawyernepal.com
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.
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