Rab Nawaz (deceased) vs Mst — 2025 MLD 286 LAHORE-HIGH-COURT-LAHORE

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

Rab Nawaz (deceased) VS Mst. Samra Andleeb Execution---attorney, responsbilities of---Scope---Gift transanction made under power of attorney---Principal, permission of---Scope---Power of attorney is an instrument in writing, conferring authority or power by a principal to his attorney to do certain acts in a specific and limited manner---In the disputed general power of attorney, no specific powers were given by the principal/father to his attorney/his son to gift his land to attorney's wife/defendant by clearly specifying the name of donee and the power of attorney was also not clearly indicating/conveying the principal's knowledge, intention and consent for making gift of his land to his attorney's wife/principal's daughter-in-law---Generally an attorney cannot utilize the powers conferred upon him to transfer the property to himself or his kith and kin, without special and specific consent/permission of the principal and in case of gift transaction, more strict conditions have been attached for proving the gift made by an attorney as a valid gift transaction because being voluntary and gratuitous, gift reflects the personal sentiments of love, affection, kindness and compassion of donor for the donee or sometimes sentiments due to personal services rendered by the donee to the donor and personal sentiments of donor/principal cannot be expressed by an attorney on behalf of donor, therefore, the process of making valid gift must preferably be initiated and completed by the donor himself with the exception that the attorney may gift the property on the express permission and instructions of his principal--- Strong personal sentiments of donor must necessarily be directly established in gift transaction in clear terms through pleadings and irrefutable evidence because alleged donor had allegedly deprived his daughter/plaintiff from his land---Civil Revision, filed by the defendant, was dismissed, in limine.

Rab Nawaz (deceased) vs Mst — 2025 MLD 286 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 MLD