A Power of Attorney (POA) — known in Nepali as Adhikrit Wareshnama (अधिकृत वारेसनामा) or Warisnama (वारिसनामा) — is a legal document that authorizes one person (the principal) to appoint another person (the agent or attorney-in-fact) to act on their behalf in legal, financial, or administrative matters. In Nepal, Power of Attorney is governed by the National Civil Procedure Code, 2074 (2017), specifically Part 4, Sections 144–155.
POA is widely used for property transactions, court representation, business operations, banking, and divorce filing from abroad. This guide covers every aspect of Power of Attorney in Nepal — types, embassy attestation process, documents required, fees by country, eligibility, common uses, cancellation, and the full legal framework.
Power of Attorney in Nepal is a legally binding instrument through which a person (the principal or mukhya byakti) grants authority to another person (the agent or pratinidhi) to perform specified acts on their behalf. Under Section 144 of the National Civil Procedure Code, 2074, any party involved in a legal case — whether plaintiff or defendant — may appoint another individual, known as a Waris (वारिस), to represent them in the lawsuit.
The Waris is authorized to appear in court, submit documents, give testimony, respond to court queries, and carry out all procedural responsibilities required in the case. POA is particularly useful when the principal is unable to be personally present due to residence abroad, illness, travel, or other valid reasons.
The National Civil Procedure Code, 2074 recognizes two primary types of Power of Attorney:
| Feature | Simple POA (साधारण वारिसनामा) | Authorized POA (अधिकृत वारेसनामा) |
|---|---|---|
| Nepali term | Sadharan Warisnama | Adhikrit Wareshnama |
| Legal basis | Section 144 | Section 153 |
| Scope | Routine legal and administrative tasks | Broad legal authority including property transfers, settlements, contracts |
| Can file/defend lawsuits | Yes | Yes |
| Can transfer property | No | Yes (Section 154) |
| Can enter settlements | No | Yes |
| Can withdraw claims | No | Yes |
| Can execute before case is filed | No | Yes |
| Execution channel (Nepal) | District Court | District Court |
| Execution channel (abroad) | Nepal Embassy / Consulate | Nepal Embassy / Consulate |
| Best for | Court appearances, document filing, government applications | Divorce, property sale/transfer, business transactions, high-stakes litigation |
Important: Under Section 154, an authorized agent can sell, distribute, exchange, or execute a deed of gift for immovable property, provided the POA sets out reasonable grounds for the principal's inability to appear in person. However, an authorized agent is not permitted to execute a deed of gift involving the remaining property after the principal's death.
Section 145 of the National Civil Procedure Code, 2074 specifies the eligibility criteria:
| Requirement | Detail |
|---|---|
| Legal capacity | Must be competent to enter into a contract — minimum 18 years old, mentally competent |
| No government defaults | Must not have outstanding obligations to the government (unpaid court fees, fines, penalties) |
| Clean criminal record | Must not have been convicted of forgery, fraud, corruption, or moral turpitude offenses |
| Family exception | Joint family members can be appointed regardless of the above conditions |
| Residence | Must currently reside in Nepal (for practical enforcement) |
The POA holder is typically a trusted relative, friend, or professional lawyer residing in Nepal. For divorce cases filed from abroad, appointing an experienced divorce lawyer as the POA holder is strongly recommended.
For Nepali citizens living abroad, the POA must be executed and attested at the Nepal Embassy or Consulate in their country of residence. This process is essential for NRNs who need to manage property partition, court cases, divorce proceedings, or other legal affairs in Nepal without traveling back.
| Step | Action | Details |
|---|---|---|
| 1 | Appoint a representative in Nepal | Choose a trusted family member, friend, or lawyer. Must be a Nepali citizen residing in Nepal. |
| 2 | Lawyer prepares POA document | Licensed advocate in Nepal drafts the POA on traditional Nepali paper (Nepali Kagaj) with specific scope of authority. Two copies required. |
| 3 | Documents sent to applicant abroad | POA document, application letter, and document checklist are sent to the NRN via courier or scanned copy (original must be signed in person). |
| 4 | Book Embassy appointment | Contact the Nepal Embassy/Consulate to schedule. Only the Ambassador, Consul General, or Head of Mission can attest. Allow 2–4 weeks lead time. |
| 5 | Appear in person at Embassy | The principal must appear personally with all documents. Sign the POA before the verifying officer who witnesses the signature. |
| 6 | Pay attestation fee | Fee varies by country (see table below). Embassy attests and certifies the document. |
| 7 | Courier original to Nepal | Ship the original attested POA to your representative in Nepal via DHL, FedEx, or EMS. Scanned copies are NOT accepted by courts. |
| 8 | Representative acts in Nepal | Your representative files the case at the District Court or executes the authorized transaction using the attested POA. |
| Document | Notes |
|---|---|
| POA document (2 copies) | On traditional Nepali paper, prepared by a registered lawyer with certificate number and signature |
| Application letter | Addressed to the Ambassador or Consul General |
| Nepali citizenship certificate (original + copy) | Of the principal (POA giver) |
| Original Nepali passport | For identity verification at the Embassy |
| Immigration status document + copy | Visa, residence card, Green Card, Zairyu Card, Emirates ID, QID — as applicable |
| Citizenship copy of POA recipient | The attorney/representative in Nepal |
| Passport-size photographs (2 each) | Of both principal and attorney |
| Lawyer's license copy | Stamped by a Nepal notary |
| Purpose | Additional Documents Required |
|---|---|
| Divorce | Marriage certificate (original + copy). See our guide on court marriage registration if certificate is unavailable. |
| Property sale/transfer | Land Ownership Certificate (Lalpurja), latest property tax receipt (Tiro Tireko Rasid). See real estate law in Nepal. |
| Property partition (divorce) | Property documents + marriage certificate. See property partition during divorce. |
| Vehicle/business transfer | Bluebook, company registration, tax certificates |
| Child custody | Child's birth certificate, marriage certificate. See child custody after divorce. |
The attestation fee varies by Nepal Embassy. Below are confirmed fees from major NRN destinations based on current Embassy schedules:
| Country | Nepal Embassy Location | POA Attestation Fee | Country Guide |
|---|---|---|---|
| Australia | Canberra | AUD $5 | Divorce from Australia |
| United States | Washington DC, New York (CG) | USD $40 | Divorce from USA |
| United Kingdom | London | GBP £30 | Divorce from UK |
| Canada | Ottawa, Toronto (CG) | CAD $40 | Divorce from Canada |
| Japan | Tokyo | Contact Embassy | Divorce from Japan |
| UAE (Dubai) | Abu Dhabi | NPR 500 (~AED 14) | Divorce from UAE |
| Qatar | Doha | NPR 500 (~QAR 14) | Divorce from Qatar |
| South Korea | Seoul | Contact Embassy | Divorce from Korea |
| Malaysia | Kuala Lumpur | Contact Embassy | Divorce from Malaysia |
| Germany | Berlin | EUR €30 | Divorce from Germany |
| Within Nepal | District Court | NPR 500 | — |
Note: Embassy fees are subject to change. Always confirm the current fee with the specific Embassy before your appointment. For a complete list of all country-specific procedures, see our divorce filing from abroad guide which covers 12 countries.
For individuals currently residing in Nepal, the Power of Attorney is executed and verified at the concerned District Court:
| Step | Action | Details |
|---|---|---|
| 1 | Prepare POA document | Licensed advocate drafts the POA with signatures, thumb impressions, and photographs of both parties |
| 2 | Both parties appear at District Court | Principal and attorney submit joint application with original POA document |
| 3 | Judge verifies identity | District Court judge verifies identity of both parties and authenticates the document |
| 4 | Pay verification fee | NPR 500 for authentication |
| 5 | POA registered and active | POA is registered with the court; attorney can begin acting on the principal's behalf |
Under Section 150, the powers of the attorney are strictly limited to what is specified in the POA document. The attorney can only act within the authority expressly granted.
| Rule | Section | Detail |
|---|---|---|
| Scope limited to POA document | 150 | Attorney can ONLY act within the authority expressly specified in the POA |
| Multiple cases allowed | 147 | One person can serve as attorney in multiple cases simultaneously |
| Multiple attorneys allowed | — | Multiple persons can be appointed as attorneys in the same case |
| No dual representation | — | Same person CANNOT represent both plaintiff and defendant in the same case |
| Cross-court representation | 149 | Attorney in one court can also be appointed in another court |
| Group representation | 148 | If multiple parties are on the same side, one among them can represent the group |
| Property transfer authority | 154 | Authorized POA can transfer immovable property — but CANNOT execute a deed of gift for property remaining after principal's death |
| Use Case | POA Type Needed | Details |
|---|---|---|
| Divorce from abroad | Authorized POA | Filing mutual consent or contested divorce through a representative. POA holder attends hearings, mediation, and executes court decisions. |
| Property partition in divorce | Authorized POA | Claiming wife's coparcenary share or defending against partition claims on behalf of the principal. |
| Property sale/purchase | Authorized POA | Selling, buying, or transferring land and real estate when the owner cannot appear at the Land Revenue Office. |
| Child custody representation | Authorized POA | Filing or defending child custody cases when a parent lives abroad. |
| Court representation | Simple or Authorized | Filing or defending lawsuits, submitting statements, and attending hearings in District Courts. |
| Banking and finance | Authorized POA | Managing accounts, withdrawing funds, handling financial claims. Must comply with forex regulations. |
| Business operations | Authorized POA | Signing contracts, managing company affairs, executing business transactions. |
| Marriage registration | Authorized POA | Representing a party in court marriage registration when one party is abroad (limited applicability — court marriage generally requires physical presence). |
| Government/administrative | Simple POA | Submitting applications, obtaining certificates, attending official meetings. |
The agent holding Power of Attorney has significant fiduciary responsibilities:
Act in the principal's best interest: All actions must prioritize the welfare and wishes of the person who granted the authority. The attorney must not use the POA for personal benefit.
Stay within granted authority: The attorney can ONLY perform acts expressly specified in the POA document. Acting beyond the scope renders the action legally invalid.
Maintain accurate records: Keep thorough documentation of all transactions, decisions, court proceedings, and communications made on the principal's behalf.
Avoid conflicts of interest: The agent must not act in situations where their personal interests clash with the principal's interests.
Regular communication: Maintain open and transparent communication with the principal. For NRN divorce cases, this typically means regular updates via WhatsApp, Viber, or email about court hearing dates, mediation sessions, and case progress.
Under Section 152 of the National Civil Procedure Code, 2074, any party can cancel the POA they have granted and either appoint a different attorney or choose to represent themselves. The process requires filing a petition with the court. The court records any changes to ensure clarity about representation throughout the proceedings.
Section 155 specifies when Power of Attorney is automatically terminated:
| Termination Event | Detail |
|---|---|
| Purpose completed | The specified act, purpose, or time period is completed or expires |
| Condition triggered | A specific event or condition tied to the attorney's authority occurs or ceases to exist |
| Principal cancels via newspaper | Principal publishes cancellation notice in two national daily newspapers |
| Death of either party | Either the principal or the attorney passes away before the specified act is completed |
| Principal appears personally | Principal personally appears and transfers or exchanges the property the attorney was handling |
| Legal case between parties | A lawsuit is filed between the principal and the attorney (or a joint family member) regarding the property in the POA |
| Attorney withdraws | Attorney provides written notice of unwillingness to continue, along with the original POA document |
The validity of a Power of Attorney depends on the terms specified in the document. General POA remains effective until formally revoked. Special POA typically includes an expiration date or terminates upon completion of the designated task.
For divorce cases, it is advisable to execute a POA with validity of 12 to 18 months to cover the expected duration of proceedings. Mutual consent divorce typically completes in 2–3 days, while contested divorce may take 6–18 months.
Important: If the POA expires before the task is completed, the principal must execute a completely new document — there is no simplified renewal or amendment procedure. The entire process (preparation, Embassy appointment, attestation, fees) must be repeated.
| Restriction | Detail |
|---|---|
| Foreign nationals excluded | Nepal Embassies will NOT attest POA for foreign nationals, including those of Nepali origin who have renounced Nepali citizenship — even if they hold an NRN identity card |
| Government circular | This restriction is based on a circular from the Government of Nepal and applies uniformly across all Embassies and Consulates worldwide |
| Alternative for foreign nationals | Must travel to Nepal and appear in person before the relevant District Court or authority |
| No post-death gift | Under Section 154, an authorized agent CANNOT execute a deed of gift involving property remaining after the principal's death |
| Original document required | Nepali courts do not accept scanned or photocopied POA documents — only the original attested document is valid |
| Section | Subject |
|---|---|
| Section 144 | Appointment of attorney by parties in legal cases |
| Section 145 | Qualifications required to be appointed as attorney |
| Section 147 | One person may serve as attorney in multiple cases |
| Section 148 | One among several parties may represent the group |
| Section 149 | Attorney in one court may also serve in another court |
| Section 150 | Powers of attorney as specified in the POA document |
| Section 151 | Format and verification of Power of Attorney |
| Section 152 | Changing or cancelling the representative |
| Section 153 | Authorized Power of Attorney (Adhikrit Wareshnama) |
| Section 154 | Transfer of immovable property through authorized agent |
| Section 155 | Termination of authorized attorney status |
Power of Attorney in Nepal is an essential legal tool for anyone unable to personally manage their legal, financial, or property affairs — particularly NRNs living abroad. Whether you need to file for divorce, claim property partition, transfer real estate, or represent yourself in court, a properly drafted and attested POA under Sections 144–155 of the National Civil Procedure Code 2074 ensures your interests are protected. For expert assistance with Power of Attorney for divorce or property matters, contact Nepal Divorce Services at +977 9841114443.
Power of Attorney in Nepal, known as Adhikrit Wareshnama (अधिकृत वारेसनामा), is a legal document that authorizes one person (the principal) to appoint another person (the agent) to act on their behalf in legal, financial, or administrative matters. It is governed by Sections 144–155 of the National Civil Procedure Code, 2074. For the full legal framework, see divorce law in Nepal.
Nepal recognizes two types: Simple POA (Sadharan Warisnama) for routine legal tasks like court appearances and document filing, and Authorized POA (Adhikrit Wareshnama) under Section 153 for significant actions including property transfers, filing lawsuits, entering settlements, withdrawing claims, and divorce filing from abroad.
Schedule an appointment at the Nepal Embassy in your country. Appear in person with the prepared POA document (on Nepali Kagaj), citizenship certificate, passport, immigration status document, and photographs. Only the Ambassador or Head of Mission can attest. The fee varies: AUD $5 (Australia), USD $40 (USA), NPR 500 (Gulf countries). The original attested POA must be couriered to Nepal — scanned copies are not accepted by courts.
Required: two copies of the POA on Nepali paper prepared by a registered lawyer, application letter to the Ambassador, original citizenship certificate and passport, immigration status document (visa/residence card), citizenship copy of the POA recipient in Nepal, two passport-size photos of both parties, and lawyer's license copy. Additional documents depend on purpose — marriage certificate for divorce, Lalpurja for property, Bluebook for vehicles.
Within Nepal, the District Court charges NPR 500 for POA verification. At Embassies: AUD $5 (Australia), USD $40 (USA), CAD $40 (Canada), GBP £30 (UK), EUR €30 (Germany), NPR 500 (UAE, Qatar). Additional costs include lawyer's drafting fees and international courier charges for sending the original to Nepal.
No. Nepal Embassies will NOT attest Power of Attorney for foreign nationals, including those of Nepali origin who have renounced Nepali citizenship and acquired a foreign passport — even if they hold an NRN identity card. This restriction is based on a Government of Nepal circular and applies uniformly worldwide. Such individuals must travel to Nepal and appear in person before the District Court.
Under Section 145, the person must: have legal capacity to contract (minimum 18 years, mentally competent), have no outstanding government payment defaults, and have no conviction for forgery, fraud, corruption, or moral turpitude. However, joint family members can be appointed regardless of these conditions. The holder must reside in Nepal for practical enforcement.
NRNs use Authorized POA to file for mutual consent or contested divorce without returning to Nepal. The POA holder files the petition at the District Court, attends hearings, participates in mediation, submits evidence, and executes the court's final decision. For mutual consent, both spouses execute separate POAs and their representatives file jointly. See our filing from abroad guide for 12 country-specific procedures.
Yes. Under Section 147, a person may serve as attorney in more than one case simultaneously and may be appointed by more than one person. Under Section 149, an attorney in one court can also be appointed in another court. However, the same person cannot represent both plaintiff and defendant in the same case.
Yes. Under Section 152, any party can cancel the POA they have granted by filing a petition with the court. You can then appoint a different attorney or choose to represent yourself. For cancellation outside of court proceedings, the principal must publish a cancellation notice in two national daily newspapers (Section 155). The court records all changes to ensure clarity about representation.
Under Section 155, POA terminates automatically when: the specified purpose or time period expires, the principal cancels via newspaper notice, either party dies, the principal personally appears to handle the matter, a legal case is filed between principal and attorney regarding the POA property, or the attorney provides written notice of unwillingness to continue with the original POA document.
Validity depends on the terms in the document. General POA remains effective until revoked. Special POA expires on completion or a set date. For divorce cases, 12–18 months is recommended. If POA expires before the task is done, the entire process must be repeated from scratch — there is no simplified renewal procedure.
Yes. Under Section 154, an Authorized POA holder can sell, distribute, exchange, or execute a deed of gift for immovable property on behalf of the principal. The POA must state reasonable grounds for the principal's inability to appear. However, the agent cannot execute a deed of gift involving property remaining after the principal's death. For property partition during divorce, see our property partition guide.
Simple POA (Sadharan Warisnama) covers routine tasks: court appearances, document filing, and government applications. Authorized POA (Adhikrit Wareshnama) under Section 153 grants broader authority: property transfers, lawsuit filing/withdrawal, entering settlements, executing contracts, and acting even before a case is formally filed. Authorized POA is required for divorce, property sale, and any transaction involving immovable property.
At the Embassy: Yes — the principal must appear in person to sign the POA before the Ambassador or Head of Mission. At the District Court: Yes — both the principal and the attorney must appear jointly. There is no fully remote execution process. However, the POA document itself is prepared remotely by a lawyer in Nepal and sent to the principal for signing.
At Nepal Divorce Services, Nepal's first specialized divorce law firm, we understand that taking the first step toward divorce can feel overwhelming. Our experienced divorce lawyers are here to guide you through the legal process and help you move forward with confidence and clarity.
Whether you're inside or outside Nepal and need assistance with filing a divorce case, our services are accessible worldwide. Contact us at +977 9841114443, on WhatsApp, or Viber.
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