(i) Whether under the General Power of Attorney the attorney himself/herself can transfer the property of principal through gift.?
The gift can be made by the owner/principal only. The agent cannot himself or herself transfer the immovable property of principal through gift on the basis of any power of attorney even if the power of attorney contains the powers to transfer the property through gift. These powers can only be used for completion of codal formalities of the gift which must be by the owner/principal himself/herself. The attorney cannot transfer the property of principal himself/herself to anyone through gift and if that transfer is by the attorney himself/herself, that is invalid transfer. Even in case of transfer of immovable property of principal by attorney in favour of his kith and kin some principles have already been set up by this Court.
(ii) What necessary ingredients should be available for declaring a power of attorney an irrevocable power of attorney, whether by writing on the caption of a power of attorney irrevocable it becomes an irrevocable power of attorney.?
C.A.1498/2016
Ijaz Bashir Qureshi v. Shams-un-Nisa Qureshi & others
Mr. Justice Amin-Ud-Din Khan
Decided on 11-06-2021
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