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| Attorney cant transfer property to his close relatives. |
⚖️ مختارنامے کے تحت مقرر شخص اپنے بیٹوں کے نام موکل کی جائیداد منتقل نہیں کرسکتا
🔹 واضح اجازت ضروری
🔹 عام مختارنامہ کافی نہیں
🔹 صرف چیک کی ادائیگی کافی نہیں
🔹 قریبی رشتہ داروں کے حق میں منتقلی
⭐ اہم قانونی اصول
Must read judgement.
2026 S CMR 1119
[Supreme Court of Pakistan]
Present: Shahid Bilal Hassan and Shakeel Ahmad, JJ
JAVED IQBAL and others ---Appellants
Versus
Mst. FARHAT IQBAL (deceased) through I.Rs. --Respondent
C.A. No. 852 of 2025, decided on 6th April, 2026.
Vo
(Against judgment dated 06.10.2025 passed in C.R. No. 408 of 2015/BWP by Lahore High Court, Bahawalpur Bench, Bahawalpur)
(a) Specific Relief Act (I of 1877)-
-S.39---Contract Act (IX of 1872), Ss. 211, 214 & 215-General power of attorney--Transfer of principal's property by attorney in favour of his own sons---Abuse of fiduciary authority, fraud and absence of consent, allegation of---Pivotal issue for determination was whether, in the absence of clear express authority and proven informed consent of the principal, the attorney could validly transfer the principal's property in favour of his own close relatives?---Held: No cogent or reliable evidence had been produced to establish that the respondent/principal had granted express consent, much less prior approval, for the transfer of the suit property in favour of the sons of the attorney-The alleged payr payment through cheque, made by the appellant/brother in favour of the respondent/sister, was not conclusive proof oof of a valid sale transaction, particularly in the absence absence of of any any agreement to sell or other independent corroborative evidence reflecting a lawful bargain-Mere production of such payment, without establishing the underlying transaction, does not satisfy the legal standard required to validate an alienation of immovable property---The impugned transaction was clearly hit by the settled principles governing the fiduciary obligations of an attorney and could not be sustained---Present appeal was dismissed, in circumstances.
(b) Power of attorney---
--Attorney alienating entrusted property to close relatives-Legality-Attorney, powers of-Scope-A general power of attorney does not by itself confer authority to alienate property unless a clear and specific clause to that effect exists, and even then such authority cannot be readily inferred in the absence of clear intention and consent of the principal---Transfer by an attorney in favour of his close relatives requires express permission from the principal.
Fida Muhammad v. Pir Muhammad Khan PLD 1985 SC 341; Muhammad Taj v. Arshad Mehmood and 3 others 2009 SCMR 114; Mst. Naila Kausar and another v. Sardar Muhammad Bakhsh and others 2016 SCMR 1781: Maqsood Ahmad v. Salman Ali PLD 2003 SC 31: Jamil Akhtar v. Las Baba PL.D 2003 SC 494 and Muhammad Ashraf v. Muhammad Malik PLD 2008 SC 389 rel.
S.A. Mahmood Khan Sadozai, Advocate Supreme Court for Appellants.
Muhammad Aslam Khan Dhukkar, Advocate Supreme Court for the L.Rs. of Respondent No. 1.