Summary
A sale deed from 1993 is being challenged in Islamabad. Under Pakistani law, the statute of limitations for challenging a sale deed is generally three years from the knowledge of fraud. A power of attorney can be questioned in court, and if proven fraudulent, all transactions under it become null and void. The burden of proof lies with the person making the allegations. If the principal didnt own the land at the time of the attorney, the agent couldnt legally sell it, making the sale potentially voidable.Full Conversation
Pakistani law
Based on Pakistani law:
*. Challenge of a sale deed must be filed within 3 years from the knowledge of fraud.
*. A power of attorney can be challenged on the basis of fraud or coercion.
*. If an attorney is found fake, all deals made under it are void.
May I know in which city this is taking place?
Islamabad
Thank you for the detailed explanation. Here are a few points to consider:
*. In Pakistani law, the statute of limitations is generally three years for challenging a sale deed.
*. The legality of a power of attorney can be questioned in court.
*. If the power of attorney is proven to be fraudulent, all transactions under it become null and void.
Which court is managing your case in Islamabad?
The attorney was registered in August * and land was purchased in November *
Thank you for providing the timeline. One important thing to note is that, under Pakistani law:
*. Any action related to a fraudulent power of attorney should be initiated within three years from the day the fraud was discovered.
Could you confirm if this timeline has been observed in your case?
The land was purchased after attorney registration,does that make transfer void
In Pakistani law:
*. The purchase of land after attorney registration does not make the transfer void.
*. It becomes void only if the Power of Attorney is proven to be fraudulent.
Are there any specific allegations of fraud or coercion?
Special fraud allegations like
Could you please provide more details about the special fraud allegations being made? This will help me better understand your situation.
I mean to say that at time of attorney the principal was not owner of land so how agents can sell land he is not authorised to
Under Pakistani law:
*. A person can only transfer rights to a property they own.
*. If the principal didn't own the land at the time of attorney, the agent couldn't legally sell it.
*. The sale may be voidable if these facts are proven in court.
Is the court aware of this matter?
And is this enough to shift burden of proof
Under Pakistani law:
*. The burden of proof lies with the person who makes the allegations.
*. The facts you mentioned may influence the burden of proof if established.
Is there any evidence supporting these facts?