This week Your Legal Adviser
Legal Query :
I am a non-resident Bangladeshi, now residing at Rome, Italy. I am living here since 2001 with my wife & two children, now I got the citizenship here. On 2007 I bought a piece of land measuring 5.00 decimal at Jowar Sahara Mouja, Gulshan, Dhaka, maintaining all the legal formalities. Now I want to sell that property urgently, but now it is quite difficult for me to go Bangladesh for the purpose of sale the property. But I heard from some of my friends that I can sell my property from abroad also. Please inform me the details.
Jalal Bin Abdullah
Legal Opinion :
Thank you for your query. Yes, you can sell your property from abroad by executing a foreign power of attorney deed. A foreign power of attorney is a deed/document whereby a person, living in abroad, appoints another person, known as an agent or attorney-in-fact, to act on his behalf. A power of attorney deed is a written authorization to represent or act on another’s behalf in private affairs, business, legal matters or even on property matters.
Firstly, you need to select a person who is residing at Bangladesh and who is eligible and interested to receive the power of attorney of your schedule property. In such cases you can select your parents, siblings etc. as your power of attorney receiver or attorney-in-fact. Then you have to contact with your lawyer to accomplish the whole procedure of the foreign power of attorney.
Secondly, your lawyer will prepare the foreign power of attorney deed and will mail it to you at Rome, Italy. Then you will have to execute the deed in front of the Consulate General of Embassy of Bangladesh, Rome, Italy and you need to back the deed to your lawyer at Bangladesh.
Thirdly, after receiving, the documents must have to submit before the Ministry of Foreign Affairs, Bangladesh, and then they will check the genuineness of the executant and after satisfaction will make attestation the documents.
Fourthly, those documents will be required to submit before Treasury Office and treasury office will send the file to ministry of foreign affairs again for inspection and also to concern AC land office for inspecting the genuineness of the property. Thereafter, availing the inspection report from Ministry and AC Land office, the Treasury officer if satisfied will give the permission to attach treasury stamp.
Finally, after obtaining the permission from treasury officer, the foreign power of attorney deed must have to be registered with the concern Sub Registrar Office. After completing the registration process, you can sell the property and on behalf of you, the attorney-in-fact will execute the sale deed of your schedule land.
A.B.M Shahjahan Akanda (Masum)
Advocate, Supreme Court of Bangladesh.
He is the Head of the chamber of a renowned law firm, namely, ‘Law for Nations’, which has expertise mainly in banking law, tax law, commercial law, corporate law, family law, employment and labor law, land law,constitutional law, criminal law and in conducting litigations before courts of different hierarchies. He can be reached at – cell:01711459590, E-mail: [email protected]