๐๐ง ๐๐ญ๐ญ๐จ๐ซ๐ง๐๐ฒ/๐๐ ๐๐ง๐ญ ๐๐๐๐๐ฌ ๐๐ฉ๐๐๐ข๐๐ฅ ๐๐๐ซ๐ฆ๐ข๐ฌ๐ฌ๐ข๐จ๐ง ๐๐ซ๐จ๐ฆ ๐ญ๐ก๐ ๐๐ซ๐ข๐ง๐๐ข๐ฉ๐ฅ๐ ๐ฐ๐ก๐๐ง๐๐ฏ๐๐ซ ๐๐/๐๐ก๐ ๐๐ซ๐๐ง๐ฌ๐๐๐ซ๐ฌ ๐ญ๐ก๐ ๐๐ซ๐จ๐ฉ๐๐ซ๐ญ๐ฒ ๐ข๐ง ๐ก๐ข๐ฌ ๐๐ฐ๐ง ๐ง๐๐ฆ๐ ๐จ๐ซ ๐๐๐ฑ๐ญ ๐ญ๐จ ๐๐ข๐ฌ ๐๐ข๐ง ๐จ๐ซ ๐ข๐ง ๐ญ๐ก๐ ๐๐๐ฆ๐ ๐จ๐ ๐ก๐ข๐ฌ ๐๐ฅ๐จ๐ฌ๐ ๐ ๐ข๐๐ฎ๐๐ข๐๐ซ๐ฒ ๐๐๐ฅ๐๐ญ๐ข๐จ๐ง๐ฌ.
Usually an attorney or an agent, having general power, does not need special permission to do the permitted acts on behalf of the principle. But there is an exception to this general rule. When the said attorney intends to transfers or gift out the property in his own name, in the name of next to his kin or any close fiduciary relations, he does need special permission to obtain from the principle as here comes conflict of interest and the attorney may use it in his own favour. The Supreme Court has recently reaffirmed this view in a short judgment holding that “The attorney or agent may gift the property on express permission and instructions of his principal.”ย
c.p._5972_2021
