Property and Land cases
Property and land Laws in Pakistan
Pakistan has well defined Laws that deal with the real estate matters in Pakistan. These Laws are:
Purchasing a property
Before purchasing a property, the law advises to take care of the following things:
- Fard e Malqiyat document
- Aks Shaira document
- No-object or non- encumbrance certificate
- if the property is being sold under the attorney of the owner, then a power of attorney must be duly registered with the concerned sub-registrar.
- It is to be noted that the person who holds a forged power of attorney is able to transfer an immovable property even if the title is valid.
Purchasing a property for business
Before making a purchase of a property for a business or company, the following documents should be verified:
The register sales deed or conveyance deed or Baya-Nama is a legal document that provides the title of the immovable property. It is a legal document that conveys the property title from the seller to the buyer. It is an act of transfer of property ownership to the buyer from the seller. This deed assures whether the property buyer is purchasing belongs to any society, developing authority, builder, or not.
The tenancy agreement is a written agreement between a tenant and a landlord. This document is permission from the Landlord to let the tenant use his property or land for a specific period of time under one particular decided amount.
Although there is no decided format for writing a tenancy agreement, the agreement should include the following details:
Amount to be paid by the tenant at the time of the agreement. This amount is refunded at the end of the tenure of the agreement by the Landlord
Details regarding protection of the property and its maintenance
The tenancy agreement must fulfill the provisions of the Rented Restriction Act, 2009. It is the responsibility of the Landlord to register the agreement before the rent Registrar.
Removal of tenant
A landlord has the right to remove the for the following reasons:
A Non-registered Tenancy Agreement
If the Landlord fails to register the tenancy agreement with the concerned rent registrar, the rent Court will not entertain any application unless he manages to deposit fine that is equivalent to 10% of the annual rent in the treasury of the Government.
If the tenant needs a legal remedy, he has to deposit a fine equivalent to 5% of the Government’s annual rent in the treasury.
Illegal dispossession of property
The law that protects the rights of the property owners from illegal dispossession in property is the Illegal Dispossession Act, 2005. This law is applicable to all the provinces of Pakistan.
This law protects the lawful owners of immovable property against the land mafia or property grabbers (qabza group). Anyone that acts as a property grabber is punishable with imprisonment or fine or both.
To apply for a case of illegal property dispossession, you need to:
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