Law:

Section:

Transfer of Property Act (IV of 1882)-------Ss. 122 & 123---Gift---Making gift through attorney---Original owner of property in question appointed his son-in-law as his attorney, vide general power of attorney---Said attorney/son-in-law on basis of said general power of attorney, gifted land in question in favour of his wife vide mutation---Validity---Donor could make a gift himself and not through attorney---Attorney could only be appointed for facilitating the steps for the valid conferment of the right under the gift, made by the donor. Mst. Shumal Begum v. Mst. Gulzar Begun and 3 others 1994 SCMR 818 and Mst. Bandi v. Province of Punjab and others 2006 SCMR 1368 ref. Aish Bahadar Rana for Petitioners. Sh. Abdul Aziz for Respondents. Date of hearing: 31st May, 2006. JUDGMENT MIAN SAQIB NISAR, J.--- The property in dispute belonged to one Hayat Muhammad, who had appointed his son-in-law namely Ali Asghar, the husband of Mst. Razia Bibi, his daughter as his attorney A vide general power of attorney dated 9-8-1994; the said attorney, on the basis of the above, has gifted the suit-land in favour of his wife Mst. Razia Bibi, vide Mutation No.218 dated 5-6-1996; after the death of Hayat Muhammad, Mst. Parsan Bibi, his daughter and Dost Muhammad, his brother (the petitioners) flied a suit for declaration against Ali Asghar the general attorney, Razia Bibi, and Roshny Begum, the widow of Hayat, challenging the above gift; this suit has been dismissed by the trial Court vide judgment and decree, dated 7-7-2004, holding that a valid gift has been proved to have been made in favour of Mst. Razia Bibi by her husband Ali Asghar, the general attorney; this remains to be the view of the learned Court of appeal, when the decree was challenged by the petitioner in appeal. 2. Learned counsel for the petitioners by relying upon the judgments reported as Mst. Shumal Begum v. Mst. Gulzar Begun and 3 others 1994 SCMR 818 and Mst. Bandi v. Province of Punjab and others 2005 SCMR 1368 has argued that under the…

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