IJAZ BASHIR QURESHI vs SHAMS-UN-NISA QURESHI Ss — 2021 SCMR 1298 SUPREME-COURT

Case information

Citation: 2021 SCMR 1298 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: IJAZ BASHIR QURESHI vs SHAMS-UN-NISA QURESHI Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IJAZ BASHIR QURESHI VS SHAMS-UN-NISA QURESHI Ss. 182 & 202---Irrevocable general Power of Attorney---Interest of attorney in the property---Whether under a general Power of Attorney the attorney could himself/herself transfer the property of a principal through gift---Held, that gift could be made by the owner/ principal only---Agent cannot himself or herself transfer the immovable property of principal through gift on the basis of any power of attorney even if the power of attorney contained the powers to transfer the property through gift---Such powers could only be used for completion of codal formalities of the gift which must be (made) by the owner/ principal himself/ herself---Attorney cannot transfer the property of principal himself/herself to anyone through gift and if such transfer was by the attorney, it was an invalid transfer.

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