Download Link: https://www.supremecourt.gov.pk/downloads_jud gements/c.p._154_2019.pdf
CIVIL PETITIONS NO. 154 AND 155 OF 2019
It was contended before the Court that the husband was an ostensible owner of the property of his wife and thus he could transfer that property. The Court repelled the contention, and held: “To attract section 41 it had to be established that, Mst. Khurshida [the wife] had expressly or impliedly held out that her husband [the transferor] was the “ostensible owner” of the Property and had authorized him to transfer the Property to Mehreen [the transferee]. The other requirements of section 41 are that the proposed transferee had taken “reasonable care to ascertain that the transferor had power to make the transfer” and had “acted in good faith”. Mst. Khurshida neither held out that her husband was the ostensible owner of the Property nor that she had authorized him to transfer it. Mehreen also lead no evidence to show that she had attempted to ascertain that Haji Muhammad Ishaq Jan had the power to transfer the Property. Therefore, Mehreen could not avail the benefit of section 41 of the Transfer of Property Act.” The Court further held that “a husband has no right to his wife’s property nor can he ‘guarantee’ or encumber it without her permission.”
2. Fawad Ishaq v. Mehreen Mansoor
Download Link: https://www.supremecourt.gov.pk/downloads_jud gements/c.p._154_2019.pdf
Present Mr. Justice Qazi Faez Isa and Mr. Justice Sardar Tariq Masood
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