TRW & Co · NRB, Succession & Wills
Power of Attorney Lawyer in Chittagong (Chattogram)
A power of attorney lawyer in Chittagong makes sure the person you appoint can actually act for you, and only as far as you intend. This guide explains the Power of Attorney Act 2012, general and irrevocable powers, the route from a Bangladesh mission abroad to a Chattogram sub-registry, and the drafting and timing mistakes that most often defeat a power.
Key pointAn irrevocable power signed abroad must be authenticated by the Ministry of Foreign Affairs and stamped by the Collector before registration, within strict windows. Most failed powers miss a deadline, not a legal requirement.
At a glance
Governing law since 2012
The Power of Attorney Act 2012 replaced the 1882 Act; the Power of Attorney Rules 2015 set the prescribed forms and procedure, including for donors abroad.
Irrevocable means registered
Powers to sell, sign a sale agreement, mortgage or develop land are irrevocable under section 2 and must be registered under section 6.
Abroad: three offices
After signing at a Bangladesh mission, the power goes to the Ministry of Foreign Affairs, then the Collector for stamping, then the sub-registry.
Stamping window
Section 18 of the Stamp Act 1899 allows stamping of an instrument executed abroad within three months of its first receipt in Bangladesh.
Revoking a general power
A general power is revoked by thirty days’ notice by registered post; acts done before the notice is served remain valid.
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What a power of attorney lawyer in Chittagong does
A power of attorney lawyer in Chittagong drafts, checks and puts into effect the documents that let one person act for another in Bangladesh: selling or buying land, signing a developer agreement, collecting rent, pursuing a court case or dealing with a bank. Most of this work is for Bangladeshis living abroad, but companies, elderly owners and families managing inherited property in Chattogram use the same instruments.
A power of attorney looks simple. In practice it is one of the most litigated documents in Bangladeshi property law, because it moves real control over land and money to someone else. A badly drafted or wrongly processed power can be refused at the sub-registry, challenged in court, or used for purposes the owner never intended.
This page explains the law, the difference between general and irrevocable powers, the route a power signed abroad must follow before it can be used in Chattogram, and the mistakes we most often see.
The law: Power of Attorney Act 2012 and related statutes
The Power of Attorney Act 2012 (Act No. 35 of 2012) repealed the Powers-of-Attorney Act 1882 and now governs how authority is given, registered and ended. The Power of Attorney Rules 2015 fill in the procedure, including the prescribed forms used by Bangladesh missions abroad.
Key provisions of the 2012 Act
- Section 2: defines an irrevocable power of attorney as one given to sell immovable property, sign a sale agreement, mortgage property against a loan, or carry out land development in exchange for consideration. Every other power is a general power.
- Section 4: an irrevocable power for land development must have a fixed term, and sets out how it can be extended or ended.
- Section 6: registration of an irrevocable power is mandatory, with section 52A of the Registration Act applying. The document must describe the donor's purpose and the attorney's duties, powers and functions clearly, and carry photographs and national identity documents of both parties.
- Section 6(4) to (7): special rules for a donor living abroad, covered below.
- Section 7: acts done by the attorney bind the donor as if done personally.
- Section 11: sets out when a power ends, and how a general power can be revoked.
- Section 13: disputes over a registered power go first to negotiation, then to a mediator, and only then to court.
Powers for land development
Land-owner and developer arrangements are common across Chattogram, from Nasirabad and Khulshi to Halishahar and Bakalia. Under section 4, an irrevocable power given to a developer in exchange for consideration must run for a fixed term, stays irrevocable during that term, and can be extended by a registered agreement before it expires.
Where the purpose or conditions of the power are frustrated, either side may end it by thirty days' notice by registered post, with a copy to the sub-registry, unless a section 13 dispute process is already under way. A power of attorney lawyer in Chittagong reviewing a development deal should read the power and the development agreement together, because one without the other rarely tells the full story.
Registration and stamping
The Registration Act 1908 governs registration at the sub-registry. It was amended in 2026, first by ordinance and then by the Registration (Amendment) Act 2026, introducing electronic registration and changing several time limits. Stamp duty is charged under the Stamp Act 1899; for instruments executed abroad, section 18 allows stamping within three months after the instrument is first received in Bangladesh.
General and irrevocable powers compared
Choosing the right type is the first decision. Clients often ask for "a full power" when what they need is a narrow general power for one task. A power of attorney lawyer in Chittagong should push back on scope before drafting begins.
| Feature | General power | Irrevocable power |
|---|---|---|
| Typical use | Rent collection, tax payments, mutation, court cases, bank dealings | Sale, sale agreement, mortgage against a loan, land development |
| Registration | Depends on the purpose; often authenticated and used without registration | Mandatory under section 6 |
| Ending it | Donor may revoke by thirty days' notice by registered post | Cannot simply be revoked by notice; ends by its terms or through the Act's procedure |
| Death of donor | Ends on the donor's death, insolvency or unsoundness of mind | Rights and liabilities pass to the heirs or successors in specified cases |
| Donor abroad | Signed at a Bangladesh mission; authenticated before use | Signed at a mission; authenticated by MoFA, stamped by the Collector, then registered |
If you only want someone to look after a property, do not give them power to sell it. A general power limited to management can be revoked on notice; an irrevocable power to sell cannot, and a buyer who relies on it in good faith may keep the land.
How a power of attorney signed abroad reaches Chattogram
Section 6 of the 2012 Act and the 2015 Rules set a specific path for donors outside Bangladesh. Every stage has its own office and, in some cases, a time window. Missing a window is the most common reason a power cannot be used.
- Draft in the prescribed format. A Bangladeshi lawyer prepares the power in the form required by the Rules, with a precise property schedule, clear powers and a term where needed. Missions such as the High Commission in London and the Consulate General in Dubai ask for the prescribed form and will not prepare it for you.
- Sign at the Bangladesh mission. The donor appears in person before a consular officer, with photographs and identity documents of both parties and supporting property papers. Under section 6(5), the donor signs across the attorney's attached photograph.
- Send it to Bangladesh. The original travels by courier or with a traveller. Its date of first arrival in Bangladesh matters for later deadlines, so keep proof of it.
- Authentication by the Ministry of Foreign Affairs. The Ministry of Foreign Affairs in Dhaka authenticates the mission's attestation. The London High Commission states that this counter-attestation must be done within two months of signing at the High Commission.
- Stamping by the Collector. For an irrevocable power, the Collector stamps the document under section 18 of the Stamp Act, within three months of first receipt in Bangladesh, and sends a copy to the sub-registrar to be recorded.
- Registration at the sub-registry. The attorney presents the stamped power at the sub-registry with jurisdiction over the property for registration within the time allowed by the Registration Act.
- Use and record-keeping. The attorney uses the registered power for the authorised acts only, and the donor receives copies of every deed or filing signed under it.
A power of attorney lawyer in Chittagong can manage the Bangladesh end of this chain, tracking the document from the courier to the ministry, the Collector and the sub-registry so that it does not stall between offices.
The Registration Act also contains its own rules for documents executed outside Bangladesh and the period within which they must be presented after arrival. Those rules were among the provisions adjusted in 2026, so a power of attorney lawyer in Chittagong will check the current text when planning the timetable rather than relying on older guidance.
When the system causes the delay: a 2025 High Court ruling
Delays inside government offices are a real risk. In Md. Shah Alam v. Government of Bangladesh, Writ Petition No. 3890 of 2025, the High Court Division considered a power signed at a Bangladesh mission in the United States under Rule 10 of the 2015 Rules. The document reached the ministry in time, but stamping and forwarding took months, and the sub-registrar then refused registration as time-barred.
In its judgment of 7 December 2025, the court held that the refusal was arbitrary where the delay was within the State's control, and directed registration if the document was otherwise in order. The ruling helps attorneys who presented documents promptly, but it came through writ proceedings in the High Court Division; it is far better to move each stage quickly and keep proof of every date.
A power of attorney is only as useful as its paper trail. Keep the courier receipt, the ministry stamp and the Collector's endorsement as carefully as the power itself.
Drafting a power of attorney that works in Chattogram
Sub-registrars and buyers' lawyers read powers closely. The 2012 Act requires the purpose and the attorney's powers to be stated clearly, and vague wording invites refusal or later challenge.
- Identify the property exactly: district, upazila or police station, mouza, khatian and dag numbers, area, and for flats the project, floor and unit.
- List each power: for example, to sign a sale agreement, to receive the price into a named bank account, to present the deed for registration, to apply for mutation.
- Exclude what is not intended: state that the attorney may not mortgage, gift or appoint a substitute unless expressly allowed.
- Set a term and reporting duty: a fixed end date and an obligation to provide copies of all documents signed.
- Name joint attorneys carefully: section 9 keeps an irrevocable power alive for surviving attorneys if one dies, which may or may not be what the donor wants.
Powers for companies and businesses
Companies use powers of attorney to let managers sign contracts, appear before customs and tax authorities, or conduct litigation. A corporate power should be backed by a board resolution, name the officer by position as well as by name, and state what happens if that person leaves. Foreign parent companies appointing a Chattogram representative should also consider how the power will be authenticated in their home country before it reaches Bangladesh.
For court cases, a separate general power limited to conducting the named suit or appeal is usually better than adding litigation powers to a property document. Our guide on running a court case from abroad explains how this works in Chattogram.
Language matters too. Powers can be prepared in Bangla or English, but the property schedule should match the Bangla land records exactly, including spellings of names and mouzas. Small mismatches between a power and the khatian are a common reason for queries at the sub-registry and can delay a sale by weeks.
Documents a power of attorney lawyer in Chittagong will need
- Donor's Bangladeshi passport, NID or other proof of Bangladeshi nationality, and foreign residence documents.
- Attorney's NID and recent photographs of both parties.
- For property: deed, latest khatian, mutation papers and a recent land development tax receipt; missions in London and Dubai list these.
- For inherited property: death certificate and heirship or succession certificate.
- For companies: board resolution, constitutional documents and signatory evidence.
- Any earlier power of attorney over the same property, and evidence of revocation if it has ended.
Risks and common mistakes with powers of attorney
Using the wrong format or an unsigned draft from a relative
Missions abroad expect the prescribed format and will reject non-compliant documents, while sub-registrars may refuse a power whose wording does not match the Rules. Relatives sometimes send a draft prepared by a deed writer that mixes general and irrevocable powers. Have a lawyer prepare it from the property papers so the schedule, powers and format are right first time, saving a second mission appointment.
Missing the authentication or stamping window
The London High Commission states a two-month window for ministry counter-attestation after signing, and section 18 of the Stamp Act allows three months from first receipt in Bangladesh for stamping. A document that sits in a drawer can lapse. Send the original promptly with a reliable courier, keep the tracking record, and have someone ready in Dhaka and Chattogram to move it through each office.
Giving a broad irrevocable power to a relative
An irrevocable power to sell cannot simply be withdrawn by notice. If the attorney sells below value, sells the wrong plot or keeps the money, the donor's remedies lie in suits and complaints against the attorney, which are slow and uncertain. Give power to sell only when a sale is actually planned, name the buyer or minimum terms where possible, and require payment into the donor's own account.
Assuming a general power survives the donor's death
Under section 11, a general power ends on the donor's death, insolvency or unsoundness of mind. An attorney who continues to act after the donor has died acts without authority, and deeds signed then are open to challenge by the heirs. Heirs need their own documents, typically through mutation, a succession certificate or a fresh power from each heir.
Revoking without proper notice
A general power is revoked by thirty days' notice to the attorney by registered post, and acts done before notice is served remain valid. Telling a relative by phone is not enough. Send formal notice, keep proof of posting, inform the sub-registry and any bank or office that has a copy, and where the power was registered, ask the sub-registry to note the revocation.
Cross-border points: the Gulf, the UK and Singapore
Each mission sets its own appointments, fees and checklists, and these change. Dubai lists ordinary and urgent services and states that a power of attorney is not permissible in a divorce. London requires an online appointment, attendance by every executant and specific proof of Bangladeshi nationality. Clients in Saudi Arabia, Qatar, Oman, Kuwait, Malaysia and Singapore face similar but not identical rules.
Families with several heirs abroad face an extra layer. Where brothers and sisters live in different countries, each may need to sign at their own mission, and the documents must then be coordinated so that all arrive, are authenticated and are stamped in time. A power of attorney lawyer in Chittagong can prepare matching drafts for each heir so that the sub-registry sees one consistent set of authorities.
Dual nationals sometimes ask whether a foreign notary will do. For a power to be used at a Chattogram sub-registry, the safe course is the Bangladesh mission route under the 2012 Act and 2015 Rules, followed by authentication and stamping in Bangladesh. Foreign companies appointing a local representative for an investment follow a different path, often linked to the Invest Bangladesh Authority, which succeeded BIDA under the Invest Bangladesh Act 2026.
TRW & Co's offices in Dhaka, Singapore, Dubai and London coordinate drafting in the client's time zone and processing in Bangladesh, with the Chattogram team handling the sub-registry and local use.
How TRW & Co helps with powers of attorney
Drafting and review
We prepare powers in the prescribed format from the property papers, with clear limits and terms, and review drafts prepared by others before they are signed.
Processing in Bangladesh
We track authentication at the Ministry of Foreign Affairs, stamping by the Collector and registration at the Chattogram sub-registry, keeping proof of each date.
Transactions under the power
Our NRB property lawyers oversee the sale, purchase or development the power was given for, so the attorney acts within it.
Revocation and disputes
Formal revocation notices, section 13 mediation, and suits where an attorney has exceeded authority, filed by our Bangladesh advocates.
Related support comes from our NRB services, property and conveyancing and land-owner and developer agreement teams. Our article on the NRB power of attorney process gives a shorter step-by-step overview. A power of attorney lawyer in Chittagong at TRW & Co works to a written scope and does not promise timings that depend on government offices.
Checklist before signing a power of attorney
- Do I need a general power or an irrevocable one?
- Is the property described by mouza, khatian and dag, exactly as in the records?
- Are the attorney's powers listed one by one, with exclusions?
- Is there an end date and a duty to report?
- Have I booked the mission appointment and gathered both parties' papers?
- Who will take the original to the ministry, the Collector and the sub-registry, and by when?
- How will I revoke it if needed?
To speak to a power of attorney lawyer in Chittagong, use our contact page, email info@trw.co, call +880 1779 127165 or visit Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000. See our practices for related services and the Chattogram office hub for how the team works.
Frequently asked questions
01Where do I sign a power of attorney if I live outside Bangladesh?
At the Bangladesh embassy, high commission or consulate serving the country where you live, in person, before a consular officer. The document must follow the format prescribed under the Power of Attorney Rules 2015 and is usually prepared in advance by a Bangladeshi lawyer. Missions publish their own checklists, appointments and fees, so confirm these before you go and bring both parties’ photographs and identity documents.
02What happens after the mission attests my power of attorney?
The original is sent to Bangladesh, where the Ministry of Foreign Affairs authenticates the mission’s attestation. For an irrevocable power, the Collector then stamps it under section 18 of the Stamp Act and sends a copy to the sub-registrar. The attorney then presents it for registration at the sub-registry for the property. Each step has its own office and timing, so plan who will carry the document through them.
03Can I cancel a power of attorney I gave to a relative?
A general power can be revoked by giving the attorney thirty days’ notice by registered post under section 11 of the 2012 Act; acts done before notice remain valid. An irrevocable power cannot be ended simply by notice, though a land-development power can be ended through the Act’s notice procedure where its purpose fails, and disputes go through the section 13 mediation process. Take advice before acting, and inform any office holding a copy.
04Does a power of attorney end when the person who gave it dies?
A general power ends on the donor’s death, insolvency or unsoundness of mind. Irrevocable powers are treated differently: the Act provides for rights and liabilities to pass to heirs or successors in specified situations, and for joint donors or attorneys. Anyone relying on a power after a death should take advice before signing anything, because deeds signed without authority are open to challenge.
05Can I use a foreign notary instead of the Bangladesh embassy?
For a power that will be used to sell, buy or register property at a Chattogram sub-registry, the safe course is the Bangladesh mission route under the 2012 Act and the 2015 Rules, followed by authentication and stamping in Bangladesh. Documents notarised abroad without mission involvement often meet difficulty. For other uses, such as some banking or corporate matters, requirements vary, so check before signing.
06Can I give a power of attorney for my divorce?
No, not for the divorce itself. The Consulate General in Dubai, for example, states that a power of attorney is not permissible in a divorce, and talaq and related family steps have their own procedures. A lawyer can, however, represent you in related court matters such as dower, maintenance or custody, and our NRB divorce team can explain the route when one spouse is abroad.
07How long does the whole process take?
It depends on the mission’s appointment availability, courier time, and how quickly the ministry, the Collector and the sub-registry process the document. We do not quote a fixed period, because these steps are outside a lawyer’s control. What we can do is prepare the document correctly first time, move it promptly between offices and keep proof of each date in case a deadline is questioned.
Sources and official materials
- Power of Attorney Act 2012 — Types of power, registration, abroad execution, revocation
- Stamp Act 1899, section 18 — Stamping instruments executed outside Bangladesh
- Registration Act 1908 — Registration at the sub-registry
- Md. Shah Alam v. Government of Bangladesh, WP No. 3890 of 2025 — HCD ruling on registration delayed by official processing
- Bangladesh High Commission London: Power of Attorney — Mission requirements and MoFA counter-attestation window
- Consulate General of Bangladesh, Dubai: Power of Attorney — Documents, fees and service levels in Dubai
- Ministry of Foreign Affairs, Bangladesh — Authentication of documents attested abroad
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
