Lesson: Hire Lawyer For Proof and Power of Attorney Attestation in Pakistan
Proof and Power of Attorney Attestation in Pakistan:
You can contact Nazia Law Associates for the power of attorney attestation in Pakistan. Such a document would not be used in evidence unless at least two attesting witnesses are examined for such purpose, provided they are alive, subject to a process of Court and they are capable of evidence. Where only one witness is examined document is not deemed to have been providing following the law and one of the two witnesses supporting the execution of document while the other witness denied the execution in this presence even if the power of attorney attestation in Pakistan is done. Such evidence falls far short of the required standard to discharge the onus, the document is not proved even if the power of attorney attestation in Pakistan is done. Where both the attesting witnesses of the document in question are alive and are available but are not produced, Court cannot hold on basis of evidence on record that execution of the document is proved. When a document, the execution of which was denied by executants and the same was doubtful, the burden to prove could shift on the person who had got benefit out of the said document.
Beneficiaries of Power of Attorney in Lahore Pakistan:
Defendants who were beneficiaries of power of attorney after the power of attorney attestation in Pakistan had failed to prove the signature of executants thereof by calling a person in whose presence the same was executed. Said power of attorney which was not proved by producing marginal witnesses, the identifier of executants and Sub-Registrar was -not a valid document and no authenticity could be attached to it. However, the presumption of truth is attached to the validity of document thirty years old especially if the power of attorney attestation in Pakistan is done.
The requirement of Articles 17 and 79 of Oanun-e-Shahadat, 1984, had not been met, in circumstances. Conclusions drawn by the High Court against concurrent judgments of Courts below being based upon a thorough and correct appreciation of facts could not be interfered with by Supreme Court. Suit for a declaration to the effect that plaintiffs have become owners having purchased land in dispute through the agreement of sale about thirty years back after paying sale price thereof. Decree of the Trial Court set aside by the High Court on the score that they had neither produced any receipt of alleged payment nor any document showing execution and registration of any sale-deed. Supreme Court refused to grant leave to appeal. A gift made based on General Power of Attorney after the power of attorney attestation in Pakistan.
Donor Bases on Power of Attorney:
Donor based on General Power-of-Attorney after the power of attorney attestation in Pakistan executed in his favor by his brother who later on died had gifted away property owned by his deceased brother to his son. Son of deceased filed a suit for possession in respect of property left by his deceased father. Trial Court, as well as Appellate Court, concurrently decreed the suit holding that the Attorney based on Power-of-Attorney executed in his favor by his brother was not authorized to make a gift of property in favor of his son, Attorney was though given authority under Power-of-Attorney to make a gift, no specific authority was mentioned in the said Power-of Attorney empowering appellant to gift away the property of his brother in favor of his son. Courts below in circumstances had not committed any error of law in holding that the Attorney had no authority to make a gift of the suit land in favor of his son on basis of General Power-of-Attorney.
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