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...