Revocation of Attorney through Registered Deed

Section 201 Contract Act

Attorney—- Termination of athority—- procedure—- Termination of authority of agent takes effect when it becomes known to him, or so far as regards third preson, when it become known to them—- No provision exists which requires revocation of authority only through registered deed.

2016 YLR Note 175 (Lahore)

Sub-Power after the death of Principle Party

Sub-Power after the death of Principle Party

Section 201 contract Act 1872, constitution of Pakistan article 185(3), sub power of attorney— issued by attorney after death of principal…effect… claim of petitioner/purported purchaser over suit property was based on the conveyance deed executed by the sub attorney of the respondent seller.. validity.. alleged power of attorney issued by respondent in favor of attorney was terminated on the death of respondent principal, therefore the attorney was not authorized to execute a sub power of attorney after death of the principal. In such circumstances the sub power of attorney was invalid and of no legal effect and sub attorney was not authorized to sell the property to the petitioner vide conveyance deed,. Further the purported purchase was the real mother of the sub attorney and as the time of alleged sale of property to her vide conveyance deed sub attorney made no efforts to obtain consent of attorney or principle seller, who has died by that time… petition for leave to appeal was dismissed accordingly and leave was refused (PLD 2014 Supreme Court 794)

Deathbed Gift

Gift in Islamic Law

Gift—Deathbed gift… proof… donor being a very old age and having unsound mind…… living at mercy of done…. Undue influence of done…. Lack of possession of done… effect… done allegedly gifted disputed property to one of his son/purported done at the exclusion of others.. at the time of making gift done was 92/933 years old, meaning thereby that he was fairly old at the relevant time… witnesses in their evidence stated that the donor did not enjoy sound mental health at the time of making gift and such evidence went unquestioned and thus remained unshaken.. such evidence appeared to by quite credible when considered in light of the age of the donor and other attending circumstances… effect of undue  influence of done could not ruled out when the donor being old, infirm and incapacitated was living at the mercy of the done… Alleged done made contradictory statement regarding delivery of possession of disputed property to him and could not be said to have discharged the burden of proof to prove all the essentials of a gift therefore no valid gift was ever made in his favor—appeal was allowed accordingly. PLD 1975 SC 624, PLD 1964 SC 143, PLD 1977 SC 28

Gift— mental health of donor…. Relevance… evidence regarding mental health of donor could devastate the very basis of a gift

Gift… validity of gift challenged— burden of proof—when a gift was challenged the burden of proof lay on the done to prove that all essential of the gift were fulfilled

(2014 SCMR 1181 SUPREME COURT OF PAKISTAN)

Un-Registered Document to sell

Un-Registered Document to sell

Under section 9 of the transfer of the property Act 1908, documents of agreement to sell does not create any legal title but creates a right to obtain another documents for example registered sale deed. Agreement to sell by itself cannot confer any title on the vendee because the same is not a title Deed. Agreement to sell does not require compulsory registration as held by Hon’able Supreme Court in case of Muhammad yousuf versus Munawar HUSSAIN and five others reported in 2000 SCMR 204 which is as under:

“In this view of the matter the right course for the petitioner would have been to institute a suit for specific performance if at all such agreement was executed. The agreement to sell by itself cannot confer any title on the vendee because the same is not a title deed and such agreement does not confer any propriety right and thus it is obvious that the declaratory decree as envisaged by section 42 of the specific Relief Act cannot be awarded because declaration can only be given in respect of legal right or character. The only right arising out of any agreement to sell is to seek its specific performance and in case the vendee has been put in possession the same is protected under section 53-A of the Act.”