Sale of Land by Attorney in favour of his own Sons

REAL ESTATE & CONSTRUCTION

white and red wooden house miniature on brown table
white and red wooden house miniature on brown table
What would be fate of a sale transaction of subject land by an attorney in favour of his own sons despite the fact that relevant power of attorney does not specifically authorize him to do so?

Sale of subject land by attorney in favour of his own sons would amount to be a misuse of power of attorney, especially when such power of attorney does not specifically authorize attorney to give effect to such transaction.

If an attorney sells subject land in favour of his own sons despite the fact that relevant power of attorney does not specifically authorize him to do so, then the principal could repudiate the said sale transaction as stipulated in section 215 of the contract Act, 1872.

When mutation of unauthorized sale of a woman’s land is attested, then how the Revenue Officers/ Officials involved in such attestation should be dealt with?

An unauthorized sale transaction would be a violation of Article 24 (1) of the Constitution of the Islamic Republic of Pakistan, which guarantees that no person shall be deprived of his property save in accordance with law. A mutation based upon unauthorized transaction would be deemed effected in derogation of section 42 of the Land Revenue Act, 1967.

When mutation of unauthorized sale of a woman’s land is attested, then legal action should be initiated against the revenue officers/officials involved in such attestation.

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