Can You Gift or Sell Property Through a Power of Attorney? A Tashkent Notary Explains

The Short Answer

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:

• A POA for gifting or selling real estate must be notarially certified — no exceptions.
• The document must clearly identify the specific asset and the exact powers granted to the representative.
• When gifting, the representative is prohibited from acting simultaneously as the donor and the recipient.
• The principal may revoke the POA at any time before the transaction is completed.

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Power of Attorney for Selling Property

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:

• An exact description of the asset (address, cadastral number, technical characteristics);
• The representative's powers: the right to sign the sale and purchase agreement, receive payment, submit documents for the transfer of title registration, and so on;
• The validity period of the POA (if no period is stated, Uzbek law sets a default term — please verify the current rule with your notary on the day of your appointment).

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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Power of Attorney for Gifting Property

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:

• The particular asset being transferred;
• The identity of the intended recipient (the donee);
• Authority to sign the gift agreement and all ancillary documents.

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Comparison Table: Selling vs Gifting Through a POA

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Documents to Bring to the Notary

To have a POA for sale or gift certified, you will generally need:

• The principal's passport (original);
• The representative's details (full name, date of birth, passport data — a copy of their passport is usually sufficient);
• Title documents for the asset: certificate of ownership, cadastral passport, technical passport — the exact set depends on the type of property;
• Where applicable — a notarially certified spousal consent, if the asset is jointly owned marital property.

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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Frequently Asked Questions

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 Word of Caution: Risks to Keep in Mind

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.