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---General Power of Attorney---Gift---Interest of attorney in the property ---Widow appointed as attorney by her children transferring her share and that of her son in subject property to her daughter---Legality---Power of Attorney in the present case was not an irrevocable one---Daughter/respondent had not claimed the gift of suit property by the principal (i.e. all legal heirs) rather she claimed the gift through the attorney (i.e. her mother)---Admittedly, the principal had never given specific power of attorney for gift of the specific/subject property in favour of the daughter/respondent---Furthermore impugned gift transaction was made by the widow twenty (20) years after the Power of Attorney, executed in her favour by her children/legal heirs---Widow/agent had gifted her share and that of her son (principal) herself in favour of her daughter, therefore, the gift was invalid to the extent of the share of the son---Appeal was allowed.

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