Law
Yes, gifting or selling property through a power of attorney is entirely legal in Uzbekistan — provided certain mandatory conditions are met. The POA must be notarially certified and must spell out specific authorities. Here is how it works in practice and what you should watch out for.
1 minA preliminary sale agreement locks in the terms between buyer and seller before the main transaction is signed. As a practising notary in the Yunusabad district of Tashkent, I explain when notarisation is legally required — and when it is simply the prudent choice.
Yes, completing a gift or sale of property through an authorised representative under a power of attorney (POA) is a lawful and well-established practice. In my daily work I regularly see situations where the property owner is abroad, cannot appear in person before a notary or a registration authority, or is unable to participate in the transaction due to health reasons. A POA resolves all of this — but only when it is drafted correctly.
Key points at a glance:
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If you wish to sell an apartment, a plot of land, a vehicle, or any other asset but cannot be present in person, you are entitled to authorise a trusted person — a family member, a friend, or a lawyer. To do so, a notarially certified POA for the sale is drawn up.
The document must specify:
Practising private notary of the Yunusabad district of Tashkent. Certifies transactions, powers of attorney, inheritance and family documents under the law of the Republic of Uzbekistan.
If you cannot personally attend Uzbekistan's tax authorities — whether you are based abroad or simply wish to delegate — a notarially certified power of attorney allows a trusted representative to act on your behalf. This article explains what a tax representation power of attorney is, what documents are required, and what to watch out for when having one certified.
I always advise clients to think carefully about the scope of authority in advance: the more precisely those powers are defined, the lower the risk for both parties to the transaction.
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A gift is a gratuitous transfer of property. It can also be executed through a representative; however, the law imposes an important restriction: the representative cannot simultaneously be the recipient of the gift. In plain terms, you cannot issue a POA to a person and then use that very POA to gift the same property to that same person — this is an outright prohibition designed to prevent abuse.
A POA for gifting must specify:
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| Parameter | POA for Sale | POA for Gift |
|---|---|---|
| Form of POA | Notarial certification (mandatory) | Notarial certification (mandatory) |
| Asset identification | Mandatory | Mandatory |
| Price specification | Advisable / by agreement | Not applicable (gratuitous transaction) |
| Authority to receive payment | Must be stated separately | Not applicable |
| Conflict-of-interest prohibition | No specific prohibition | Representative cannot be the donee |
| Right of revocation | At any time before the transaction |
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To have a POA for sale or gift certified, you will generally need:
The precise list of documents varies depending on the specific asset and circumstances. I recommend confirming the requirements when you book your appointment.
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Can a single POA cover the sale of several properties at once?
Yes, provided each asset is clearly described in the POA text and the corresponding powers are set out for each one.
What happens if the POA turns out to be invalid at the time of the transaction?
A transaction completed on the basis of an invalid or revoked POA may be declared void. I strongly advise buyers to verify the current validity of any POA immediately before signing the contract.
Can the representative set the sale price independently?
Only if the POA expressly grants that authority. If no price is specified, or if the principal wishes to retain control over pricing, it is best to fix the price in the POA itself.
Does the representative need to be present when the POA is executed?
No. Only the principal attends the notary when the POA is issued. The representative is not required to be present at the moment of certification.
What are the notary fees for this type of POA?
Fees are subject to periodic revision — please confirm the current tariffs with your notary on the day of your visit.
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A power of attorney authorising transactions involving property is a document that carries significant legal weight. Grant it only to a person you genuinely trust, and limit the powers to exactly what is necessary for the transaction at hand. If the deal falls through or you change your mind, revoke the POA with your notary without delay.
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*This article is for general informational purposes only and does not constitute individual legal or notarial advice. Every situation has its own specifics, which should be reviewed in a personal consultation.*
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If you need to arrange a power of attorney for the sale or gift of property in Uzbekistan, you are welcome to contact my notary office in the Yunusabad district of Tashkent. I will help you prepare the document correctly, taking into account every detail of your specific situation.
| At any time before the transaction |