| Case ID |
172908c4-18e1-40cd-aa21-b66b32bf5b6c |
| Body |
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| Case Number |
Civil Petition No. 5972 of 2021 |
| Decision Date |
Jan 24, 2024 |
| Hearing Date |
Jan 24, 2024 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Babar Anwar challenging the previous judgments regarding the cancellation of a registered gift deed. The court upheld the lower courts' findings that the gift deed executed by the respondent's father, acting as an attorney, was invalid due to lack of consent from the principal (the father). The court emphasized that the attorney must have special permission to transfer property to themselves or close relatives, which was not evident in this case. The ruling reinforces the legal principle that a gift made by an attorney requires explicit consent from the principal, particularly when the transfer benefits the attorney or their kin. |
| Summary |
This case revolves around the validity of a gift deed executed by an attorney on behalf of the principal, who in this case was the father of the respondent. The Supreme Court of Pakistan examined the circumstances under which the gift deed was executed and concluded that the attorney did not obtain the necessary consent from the principal. The ruling underscores the importance of adhering to legal protocols when transferring property through an attorney, especially in familial contexts. The decision aligns with established legal precedents that require attorneys to seek explicit permissions when acting in their principal's interest, particularly in transactions involving gifts. The court's emphasis on the mental capacity of the donor and the absence of coercion or undue influence further highlights the need for clarity and consent in such transactions. The ruling is significant for future cases involving powers of attorney and gift deeds, as it sets a precedent for ensuring that attorneys act within their legal boundaries and uphold the interests of their principals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Faez Isa,
Muhammad Ali Mazhar,
Musarrat Hilali
|
| Lawyers |
Mian Muhammad Yasin
|
| Petitioners |
BABAR ANWAR
|
| Respondents |
another,
MUHAMMAD ASHRAF
|
| Citations |
2024 SLD 2787 = 2024 SCMR 734
|
| Other Citations |
Jamil Akhtar and others v. Las Baba and others PLD 2003 SC 494,
Muhammad Ashraf and 2 others v. Muhammad Malik and others PLD 2008 SC 389,
Mst. Naila Kausar and another v. Sardar Muhammad Bakhsh and others 2016 SCMR 1781,
Allan Ditta and others v. Manak alias Muhammad Siddique and others 2017 SCMR 402
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
39,
42
|