Gift is a personal action that must be performed by the owner himself.

 

Gift is a personal action that must be performed by the owner himself.

PLD 2016 LHR 287

MST. BUDHAI Vs GHULAM MUSTAFA


The court decided that an attorney cannot gift property on behalf of the deceased principal without explicit permission. The trial court had granted the suit for declaration by the plaintiffs, but the appellate court reversed this decision. Upon appeal and revision, the court reverted to the trial court's original decision, deeming the gift deed executed by the attorney null and void.

Key Legal Issues:

•Whether an attorney can execute a gift on behalf of the deceased principal.

•If specific permission from the principal is required for the attorney to gift property to a near relative.

•The legitimacy of the date of death of the principal as determined by the Deputy Commissioner.

•The necessity for consideration and formalities in the context of gifts under Islamic law.

Holding:

The court held that the attorney did not have the authority to gift the property on his own behalf or to his father without explicit permission from the principal. The transfer was deemed invalid and null under the law. The appellate court’s decision was overturned, and the trial court’s decision was restored, validating the plaintiffs' claim and declaring the gift deed void.

Reasoning:

•Gift is a personal action that must be performed by the owner himself.

•Attorney could not gift property on their own behalf or to a near relative without specific permission from the principal.

•The principal did not gift the suit property prior to the attorney’s transfer.

•Findings regarding the principal’s date of death were comprehensive and supported by thorough inquiry.

•Legal principles cited include the requirements of valid gift declarations per Islamic law and past judicial precedents confirming the invalidity of such unauthorized gifts.

**Appeal and civil revision accepted**
**Judgment and decrees of appellate court set aside**
**Judgment and decrees of trial court restored**


RAJA ZAHOOR LAW CHAMBER

Location: Lahore, Punjab, Pakistan

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