Thursday, November 26, 2015

Sub-Power after the death of Principle Party

Sub-Power after the death of Principle Party
Section 201 contract Act 1872, constitution of Pakistan article 185(3), sub power of attorney— issued by attorney after death of principal…effect… claim of petitioner/purported purchaser over suit property was based on the conveyance deed executed by the sub attorney of the respondent seller.. validity.. alleged power of attorney issued by respondent in favor of attorney was terminated on the death of respondent principal, therefore the attorney was not authorized to execute a sub power of attorney after death of the principal. In such circumstances the sub power of attorney was invalid and of no legal effect and sub attorney was not authorized to sell the property to the petitioner vide conveyance deed,. Further the purported purchase was the real mother of the sub attorney and as the time of alleged sale of property to her vide conveyance deed sub attorney made no efforts to obtain consent of attorney or principle seller, who has died by that time… petition for leave to appeal was dismissed accordingly and leave was refused (PLD 2014 Supreme Court 794)

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