Law of General Power of Attorney in Pakistan:

To consult law regarding general power of attorney in Pakistan, you can contact Nazia Law Associates. A general power of attorney in Pakistan executed by the plaintiff and her other sisters in favor of their brother/defendant, which was thumb-marked by the plaintiff and others, showed that the defendant, under a registered general power of attorney in Pakistan, was empowered to sell, gift, exchange or, execute will in respect of the said property. Defendant being holder of a general power of attorney having unrestricted power to alienate the property, transfer of some of the suit-land by him in favor of his sons and grandsons, could not be objected to by the plaintiff. The onus to prove that the document is valid is upon the agent. He asserts that based on the general power of attorney in Pakistan, properly owned by the principal has been legally transferred by him in his brother’s name.

Endorsement on Power of Attorney:

Endorsement on power of attorney related to the financial obligation which had to be attested by two witnesses, who should have been examined to prove the same. Such a document having not been attested and proved would be excluded from consideration. The appointment of a general power of attorney in Pakistan is routine and the requirement of the principal. It is never indicative of a sale or final sale on behalf of the principal, much less a sale in favor of the agent himself. A general power of attorney in Pakistan must take special permission from the principal while transferring his principal’s property in his name or the name of his close fiduciary relation.

Property by an Attorney:

 Alienation of property by an attorney in favor of his sons based on a power of attorney executed in his turn was not sustainable at law—sale based on power of attorney. A respondent who was the consanguine sister of the petitioner executed a general power of attorney in Pakistan in favor of the petitioner to enable him to look after the ancestral property. Respondent thumb-marked said power of attorney under the bonafide impression. Still, the petitioner, based on said power of attorney, sold land through registered sale-deed respondent on coming to know said transaction of sale, canceled power of attorney, and notified petitioners about said cancellation. She also filed suit for declaration and injunction alleging fraud and misrepresentation committed on her by the petitioner.

Trial Court:

Trial Court and Appellate Court below concurrently dismissed the lawsuit holding that petitioner/defendant had not tricked respondent/plaintiff in the execution of general power of attorney in Pakistan and that sale-deed in respect of property in dispute challenged by plaintiff/respondent was not illegal, void, fraudulent or inoperative upon rights of plaintiff/respondent.

High Court:

High Court on filing revision by the respondent against concurrent judgments of Trial Court and Appellate Court below had concluded based on evidence on record that concurrent finding of fact of Courts below that no fraud was perpetrated upon the respondent. The scribe of disputed power of attorney was not produced to prove the reality of execution of said general power of attorney in Pakistan