Gift through attorney

2017 MLD 845 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Gift through attorneyScopeContention of plaintiff was that impugned gift deed was result of fraud and misrepresentationSuit was decreed concurrentlyValidity

Love and affection in case of making a gift could not be conveyed or expressed through any other person including the attorney

Sentiments of love and affection must be established on satisfactory and unimpeachable evidence

Impugned gift deed was silent with regard to consent or permission of original owner

Ownership or title of a property could not be transferred or conveyed by way of general power of attorney in favour of attorney

Attorney by playing fraud and misrepresentation made a gift of suit land in favour of her son which was against law

Donee had failed to prove the genuineness of gift deed made in his favour through any law or evidence

No legal infirmity or jurisdictional defect had been committed by the courts below

Revision was dismissed in limine.

2016 PLD 287 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

GiftGift through attorneyScope

Plaintiffs filed suit for declaration that property in question could not be gifted by the attorney after the death of principal whereas defendants filed suit wherein they challenged the date of death of the principal

Suit of plaintiffs was decreed by the Trial Court but that of defendants was dismissed but both the judgments and decrees of Trial Court were reversed by the Appellate Court

Validity

Gift was a personal action which could be performed by the owner only

Without any consideration in the shape of tangible material donor could gift any property to any person due to love and affection

Attorney had no right to gift property to any person on his own behalf

Attorney could use his powers only for completion of formalities of transfer in the shape of registration of gift deed or entry of attestation of gift mutation where principal had transferred the property through gift

Principal, in the present case, had not gifted suit property to the father of attorney but he had transferred the same through registered gift deed in favour of his father on the basis of registered power of attorney

Transfer of property in question in favour of his father by the attorney through gift on his own behalf was not permissible under the law

No gift of property prior to the registration of gift deed had been proved by the donee from the principal

Attorney was bound to get specific permission from the principal for transfer of his property in favour of his own father

No such permission was granted to the attorney to transfer the property in favour of his near relative

Gift deed executed by attorney was nullity in the eye of law

Inquiry had been conducted and after inquiry Deputy Commissioner had passed order with regard to date of death of principal

Findings recorded by the Trial Court with regard to date of death of principal were comprehensive

Suit filed by the defendants was rightly dismissed by the Trial Court and findings recorded by the Appellate Court were not sustainable in the eye of law

Impugned judgments and decrees passed by the Appellate Court were set aside and those of Trial Court were restored

Suit instituted by the plaintiffs was decreed with costs throughout whereas that of defendants was dismissed with costs throughout

Appeal as well as revision was accepted in circumstances.

2014 CLC 513 PESHAWAR-HIGH-COURT Judicial Precedent

EssentialsGift through attorneyScope

In order to make a valid gift through attorney not only the attorney be specifically authorized but the donee should also be a specified and nominated person

Attorney might be empowered by his principal through a general power of attorney to make a gift but it does not mean that he has got an absolute power to appease and bless any person of his choice

Attorney cannot dole out the property of his principal in the garb of gift on a person not nominated for this purpose by the principal.