Law: Contract Act (IX of 1872)

Section: 211

Summary The appellants (an attorney and his sons) transferred a 1 kanal, 19 marlas, 8 sarsahi plot that the respondent had inherited, relying on an earlier general power of attorney. The respondent later alleged misuse, revoked the POA and sued to cancel the sale and mutation. Trial court decreed for the respondent, the appellate court set that aside, and the High Court restored the trial court’s decree. The Supreme Court applied settled precedent that an attorney cannot transfer the principal’s property in favour of close relatives without prior, express consent and full disclosure; because no reliable evidence of such consent or consideration was produced, the transfer was held void and the appeal dismissed. Core points Property: 1 Kanal, 19 Marlas, 8 Sarsahi at Chak No. 14/G Chishtian. Instrument: Unregistered POA (2003) and registered POA (24.09.2005) granted to Appellant No.1. Transaction: 2006 sale and mutation in favour of Appellants Nos.2 & 3 (sons of Appellant No.1). Complaint: Respondent (Mst. Farhat Iqbal) revoked POA (April 2009) and filed suit (05.05.2009) alleging misuse, lack of consent, and fraud. Trial history: Trial court decreed for respondent (21.12.2012); remand (26.04.2013); decree again (18.11.2014); appellate court set aside (08.05.2015); High Court restored trial decree via civil revision (06.10.2025). Issue before Supreme Court: Whether an attorney may validly transfer principal’s property to his own sons without express written consent, and whether consent was proved. Legal finding: Attorney cannot transfer property to close relations without prior, express consent and full disclosure; such consent was not proved here. Result: Appeal dismissed; impugned transfer held void; no order as to costs. Law and provisions Area of law / Principle Case law cited Statutory reference (where mentioned) Core legal proposition General rule on power of attorney and alienation Fida Muhammad v. Pir Muhammad Khan (PLD 1985 SC 341) Notional: principles of agency (Contract Act) A general power of attorney does not automatically empower an attorney to alienate property; there must be a clear, separate clause for alienation, and implied…