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The heavy Burden of Proof lies on the Attorney to show Express Permission from the Principal and Personal Sentiments Justifying the Gift --- Lahore High Court

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The heavy Burden of Proof lies on the Attorney to show Express Permission from the Principal and Personal Sentiments Justifying the Gift --- Lahore High Court

Islamabad 01-08-2024: In a significant ruling, the Lahore High Court has dismissed a Civil Revision petition filed by the legal heirs of Rab Nawaz, upholding the decisions of the Lower Courts that declared a gift deed invalid. The case, Civil Revision No. 44182 of 2024, revolved around the contentious issue of a gift deed and the authority of an attorney under a general power of attorney.

The dispute originated when Mst. Samra Andleeb challenged the validity of an oral gift mutation (No. 132 dated 04.07.1996) and a general power of attorney (No. 712/4 dated 10.11.2001) executed by the deceased Abdul Haq in favor of his son. Using this power of attorney, the son subsequently transferred the property to his wife via gift deed No. 4000/1 dated 29.12.2004.

The Lahore High Court, presided by Mr. Justice Masud Abid Naqvi, found several critical flaws in the petitioners' case. The Court noted that the petitioners failed to provide specific pleadings or evidence of the principal's explicit permission for the attorney to gift the property. Essential elements of a valid gift-offer, acceptance, and delivery of possession were not demonstrated. The general power of attorney did not specifically authorize the gift transaction, as required by law. The document lacked clear indication of the principal's knowledge, intention, and consent to gift the property to the attorney’s wife.

The Court emphasized the heavy burden of proof on the attorney to show express permission from the principal and personal sentiments justifying the gift. The petitioners failed to meet this burden. The judgment cited several Supreme Court rulings that set strict conditions for validating gifts made by an attorney. The Court reinforced the principle that an attorney cannot transfer property to themselves or their close relatives without explicit consent from the principal.

The Court upheld the findings of the Lower Courts, maintaining the invalidation of the gift deed No. 4000/1 dated 29.12.2004. The Court found no misreading or non-reading of evidence, nor any legal or factual infirmity in the challenged findings. Consequently, the civil revision was dismissed in limine.