Legal Question in Civil Litigation in Pakistan
sir, what will be the effect of a transaction where an attorney (brother) in excercise of a general power of attorney containing the express power of alientation of property by way of gift transfers the property of his principal (brother) to his own wife by way of gift and his said wife thereafter sells the same to a thrid party against consideration and without notice of any such secret title? secondly, will the rights of third party be secured in eyes of law in these circumstances?
Asked on 5/04/10, 12:48 am
1 Answer from Attorneys
if the power of attorney specifically authorizes the attorney that he can alienate the property through gift then the transaction during the valid time of authority is valid other wise it can be challenged.Breach pf trust proceedings can also be initiated.
Answered on 5/05/10, 12:47 am
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