Lesson: Know The Rules for Power of Attorney in Pakistan Legally By Professional Lady Lawyer

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Lesson Objective

Advocate Nazia in Lahore is an expert in drafting power of attorney in Pakistan. One of the most important rules for the construction of a power of attorney in Pakistan in that regard must be had to the recitals which, as showing the scope and the object of the power, will control all general terms in the operative part of the instrument.

Lesson Plan

Rules for Power of Attorney in Pakistan:

Advocate Nazia in Lahore is an expert in drafting power of attorney in Pakistan. One of the most important rules for the construction of a power of attorney in Pakistan in that regard must be had to the recitals which, as showing the scope and the object of the power, will control all general terms in the operative part of the instrument.  Another rule is that where the special powers are followed by general words, the general words are to be construed as limited to what is necessary for the proper exercise of the special powers and as enlarging those powers only when necessary for the carrying out of the purposes for which the authority is given.  Power of attorney in Pakistan must be strictly pursued, and are construed, as given only such authority as they confer expressly or by necessary implication. The following are the most important rules of construction:-The operative part of the deed is controlled by the recitals.  Where authority is given to do particular acts, followed by general words, the general words are restricted to what is necessary for the proper performance of the particulars acts.  General words do not confer general powers but are limited to the purpose for which the authority is given and are construed as enlarging the special powers only when necessary for that purpose.  The deed must be construed to include all medium powers necessary for its effective execution.

 

Now About The Fair Construction & Strictly Construed:

 The power of attorney in Pakistan must be strictly construed and it is necessary to show that on a fair construction of the whole instrument the authority in question is to be found within the four corners of the instrument either in express terms or by necessary implication.  Where an act purporting to be done under a power of attorney in Pakistan is challenged as being more than the power, it is necessary to show that on a fair construction of the whole instrument the authority in question is to be found within the four corners of the instrument either in express terms or necessary implication. Power of attorney in Pakistan should be strictly construed and general powers of borrowing should be restricted to matters ejusdem generis with those already stated. In a power of attorney in Pakistan which should be strictly construed, the operative part being controlled by the recitals. General words following an authority to do particular acts should not be taken to confer general powers but should be limited to the purpose of the authority or those necessary for the proper performance of particulars acts. Powers of attorney are to be construed strictly. If an act is challenged as being more than the power it must be shown that the authority is to be found in the four corners of the power either expressly or by necessary implication. A power to sign accommodation notes may well be inferred from the power to sign promissory notes jointly with others. Power to alienate: A pardanashin lady executed a power of attorney in favor of her husband with full powers to do such acts as were described in it. 

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