You gave him your power of attorney. Can he sell your property to his own sons?

Key points

• A general power of attorney does not by itself give the power to sell. For that it must contain a clear, separate clause, and even then the power is not readily inferred without the owner's clear intention and consent (Fida Muhammad v. Pir Muhammad Khan, PLD 1985 SC 341, followed in 2026 SCMR 1119).
• If the attorney transfers the property to himself or to his close relatives, he needs the owner's express permission first, after telling the owner all the material facts (Contract Act 1872, ss.211 and 215).
• In 2026 SCMR 1119 a brother transferred his sister's inherited land to his own sons. There was no proof she agreed, and the cheque he had paid her was not proof of a sale. The transfer could not stand.
• Under section 215 of the Contract Act, the owner may repudiate such a transaction.

The rule in one line

A power of attorney lets someone act for you; it does not let him take your property for himself or his family. To sell, the power of attorney needs a clear clause, and to transfer to himself or his close relatives, the attorney needs your express permission, given after he has told you everything material.

What happened in this case

A woman inherited a plot of land of about one kanal and nineteen marlas at Chak No. 14/G, Chishtian, from her father. Trusting her brother, she gave him an unregistered general power of attorney in 2003, and then a registered general power of attorney on 24 September 2005 to manage the land.

In 2006, acting under that power, her brother transferred the land to his own two sons by a registered sale deed and mutation.

She said the power had been misused and that she had never agreed. She revoked the power of attorney by a registered deed in April 2009 and on 5 May 2009 sued to cancel the sale deed and the mutation. The brother said he had bought the land for value, but later changed the sale price in an amended written statement without explaining why.

Fifteen years in the courts

The trial court decreed her suit on 21 December 2012. On appeal the case was sent back, and the trial court decreed it again on 18 November 2014. The appellate court then set the decree aside on 8 May 2015.

She went to the Lahore High Court, Bahawalpur Bench, in civil revision, and on 6 October 2025 the High Court restored the trial court's decree. The brother and his sons appealed to the Supreme Court. By then she had died, and her legal heirs carried the case on.

What the Supreme Court decided

Justice Shahid Bilal Hassan, writing for a bench with Justice Shakeel Ahmad, decided the appeal on 6 April 2026.

The Court said the law is settled: a general power of attorney does not by itself confer authority to alienate property unless a clear and specific clause exists, and a transfer by an attorney to his close relatives requires the express permission of the principal (paragraph 6, relying on PLD 1985 SC 341, PLD 2003 SC 31, PLD 2003 SC 494, PLD 2008 SC 389 and PLD 2025 SC 63).

On the facts, there was no cogent or reliable evidence that she had given express consent, much less prior approval, for the transfer to her brother's sons. The cheque the brother had paid her was not conclusive proof of a sale, because there was no agreement to sell or other independent evidence of a lawful bargain (paragraph 7).

The transaction was hit by the fiduciary duties of an attorney and could not be sustained. The appeal was dismissed (paragraph 8).

The case at a glance

Facts

A sister inherited land at Chak No. 14/G, Chishtian, and gave her brother a general power of attorney (unregistered in 2003, registered on 24 September 2005) to manage it. In 2006 he transferred it to his two sons by registered sale deed and mutation. She revoked the power in April 2009 and sued for cancellation on 5 May 2009.

The question

Whether an attorney, without the principal's express consent, could validly transfer her property to his own sons, and whether any such consent was proved.

What the Court held

No. There was no proof of her express consent or prior approval, and the cheque was not proof of a sale. The transfer could not be sustained; the appeal was dismissed and the High Court's decree for her stood.

Why

A general power of attorney gives no power to sell without a clear, separate clause, and an attorney dealing with the property for himself or his close relatives must first obtain the principal's consent after telling her all the material facts (Contract Act ss.211 and 215, and a line of Supreme Court cases from PLD 1985 SC 341 to PLD 2025 SC 63).

Limits

The exact clauses of her power of attorney are not quoted in the judgment. The decision turns on the absence of proof of consent; an owner who gives clear, proven permission can authorise such a transfer.

In the Court’s words

“The alleged payment through cheque, made by the appellant (brother) in favour of the respondent (sister), is not conclusive proof of a valid sale transaction, particularly in the absence of any agreement to sell.”

2026 SCMR 1119, para 7

The law it relies on

What this does not mean

• It does not mean a power of attorney is useless or always unsafe. It can validly authorise a sale when it has a clear clause for that, and a transfer to the attorney's family can stand when the owner gave real, proven permission.
• It does not mean every payment between family members is irrelevant. The Court held that a cheque alone, without an agreement to sell or other independent evidence, did not prove a sale.
• It does not mean the owner automatically gets the property back without going to court. Here she had to sue for cancellation, and the case took years.

Questions people ask

Sources

• Javed Iqbal v. Mst. Farhat Iqbal (deceased) through L.Rs., 2026 SCMR 1119 (Supreme Court of Pakistan, 6 April 2026), paras 1, 5, 6, 7, 8
  Transfer by an attorney to his own sons without proven express consent of the principal cannot be sustained; a cheque is not proof of a sale without an agreement to sell. verified against full text Supreme Court of Pakistan (judgment PDF)
• Fida Muhammad v. Pir Muhammad Khan, PLD 1985 SC 341 (Supreme Court of Pakistan)
  A general power of attorney does not include the power to sell unless it has a clear separate clause; an agent dealing on his own account must first obtain the principal's consent. as quoted in 2026 SCMR 1119
• Contract Act, 1872, ss.211, 215 text checked in FAI Statute Search Pakistan Code

Every quote and section above is traced to the full judgment or statute text by an automatic check that runs on every update.

What the reel says