Sindh Building Control Authority

02/02/2026

27/01/2026

A General Power of Attorney (GPA) is a delegatory instrument of agency, not an instrument of transfer. Its validity is strictly conditional upon registration (if dealing with immovable property), the continued life of the principal, and the specific wording of the powers granted.

Crucially, a GPA purporting to authorize the sale of immovable property worth Rs. 100 or more is void and unenforceable unless it is compulsorily registered under Section 17 of the Registration Act, 1908. Furthermore, contrary to popular belief, a GPA is automatically revoked upon the death of the principal, rendering any subsequent acts by the attorney null and void, unless the power was "coupled with an interest" (Section 202, Contract Act).

Applicable Statutes
Registration Act, 1908
Section 17(1)(b) & (bb): Mandates compulsory registration for any instrument (including GPA) that creates, assigns, or extinguishes rights in immovable property of Rs. 100 or upwards.
Section 32 & 33: Prescribes the specific authentication requirements for a Power of Attorney to be recognized for registration purposes.
Contract Act, 1872
Section 183: Only a person of sound mind and majority age may employ an agent.
Section 201: Agency is terminated by the principal revoking authority, or by the business of the agency being completed, or by either the principal or agent dying or becoming of unsound mind.
Section 202: Exception where the agent has an interest in the property forming the subject matter of the agency (Irrevocable Power of Attorney).
Power of Attorney Act, 1882
Section 2: Authorizes the donee to execute instruments in their own name by authority of the donor.
Section 3: Protects payments made in good faith by an attorney without notice of the principal's death or revocation.
Relevant Judgments
1. Mandatory Registration for Immovable Property KHURSHEED BEGUM VS FATEH MUHAMMAD KHAN BAJARANI

2021 YLR 578
High Court of Sindh

"If a power of attorney purports to create right, title, or interest. whether vested or contingent, of the value of one hundred rupees or upward to or in immovable property, it requires compulsory registration under section 17(b) of the Registration Act besides payment of duty under Stamp Act... no sanctity is attached to the unregistered GPA."

2. Automatic Revocation upon Death of Principal Syed MEHMOOD ALI QADRI VS GOVERNMENT OF N.-W.F.P.

2005 PLD 238
Peshawar High Court

"Power of attorney is merely an instrument of the appointment of an agent to act on behalf of the principal. Such instrument can be revoked any time by the principal at this will and in certain cases, like death and insolvency, the power of attorney is automatically revoked... Even during the currency of a valid power of attorney, the principal cannot be denied the rights of his personal participation."

3. Strict Construction of Powers (Specific vs. General) MUZAFFAR ALI etc. Vs MUHAMMAD IMRAN etc.

2021 PLJ 16
Lahore High Court

"It is wrong to assume that every 'general' Power of Attorney on account of the said description means and includes the power to alienate dispose of property of the principal... In order to achieve that object it must contain a clear separate clause devoted to the said object... Implied authority to alienate property, would not be readily deduceable from words spoken or written which do not clearly convey the principal's knowledge..."

4. Prohibition on Self-Dealing (Transfer to Relatives) PHULMAJEERAN BEGUM alias PHULLAN BEGUM Vs ADDITIONAL DISTRICT JUDGE MAILSI

2009 PLJ 238
Lahore High Court

"Agent in such like cases possesses dominant influence and thus, could not be permitted to enter into any agreement to sell with a person of his own choice without there being an expressed permission by the Principal. In such situation, the Principal is justified to repudiate the deal."

27/01/2026

The validity of a General Power of Attorney is determined by a strict "Lifecycle Test" involving its creation, content, and the status of the principal.

1. Grounds for Validity
To be actionable in a court of law, a GPA must satisfy these criteria:

Compulsory Registration: If the GPA authorizes the sale, mortgage, or exchange of immovable property, it must be registered with the Sub-Registrar. An unregistered GPA is valid only for management acts (e.g., collecting rent, appearing in court) but is invalid for transferring title (2021 YLR 578).
Specific Authorization: A "General" Power of Attorney does not automatically grant the power to sell. The document must contain a specific clause explicitly empowering the agent to sell the property. Vague phrases like "manage all affairs" are insufficient for alienation of property (2021 PLJ 16).
Capacity: The Principal must be alive, of sound mind, and a major at the time of ex*****on and continuously during the exercise of the power.
2. Grounds for Non-Validity (Invalidity)
A GPA becomes invalid or is considered void ab initio in the following scenarios:

Death of Principal: This is the most common pitfall. The moment the principal dies, the agency terminates automatically under Section 201 of the Contract Act. Any sale deed executed by the attorney after the principal's death is void, even if the attorney was unaware of the death (2005 PLD 238).
Vague Description: If the property is not specifically described (e.g., Khasra/Khewat numbers are missing), the GPA is invalid for the sale of that specific land (Mst. AKHTAR FATIMA case).
Self-Dealing / Fiduciary Breach: An attorney cannot sell the principal's property to themselves or their close relatives (spouse, children) unless the GPA expressly permits such a transaction. Courts view these transfers as fraudulent and voidable (2009 PLJ 238).
3. The "Irrevocable" Exception (Section 202)
A GPA is rarely truly irrevocable. Merely writing "Irrevocable Power of Attorney" on the document does not make it so.

Validity: It is only irrevocable if it is coupled with an interest (Section 202, Contract Act)—meaning the agent has a financial interest in the property itself (e.g., the GPA is security for a debt owed to the agent).
Non-Validity: If no interest is created (i.e., it is a simple agency for convenience), the principal can revoke it at any time, and it still extinguishes upon death.
4. Strategic Advisory
For Principals: Revocation of a registered GPA requires a registered Cancellation Deed and public notice (newspaper advertisement) to be effective against third parties.
For Buyers: Never rely solely on a GPA to purchase land. Always demand to see the principal or obtain a fresh "Life Certificate" of the principal to ensure they are alive and have not revoked the power.
For Drafting: Ensure the "power to sell" is a distinct, separate clause and not buried in general text. If the intent is to allow sale to the attorney's relatives, this must be explicitly written to avoid future litigation.

01/07/2025

Posting Hyderabad Region

20/03/2025