Online Lawyer in Pakistan for 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:

  • Transfer of Property Act, 1882
  • Land Revenue Act, 1967
  • Stamp Act, 1899
  • Registration Act, 1908

Purchasing a property

Before purchasing a property, the law advises to take care of the following things:

  • Investigation of the title of the current owner of the property and the previous one as well.
  • The title of the original documents should be in the name of the seller/vendor.
  • A fresh copy of the following documents should be readily available:
  • 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:

  • Verification from the registrar of SEC of Pakistan whether the property is mortgaged or not
  • Whether the property is being used as a security against any loan or not
  • Details regarding the authority of a person to act on behalf of the company for selling of property in the memorandum of association
  • Original title documents

Sales Deed

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.

Tenancy agreement

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:

  • Name and father name of the Landlord
  • Name and father name of the tenant
  • Date of the agreement
  • Duration of the agreement
  • Decided amount of rent

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.

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Removal of tenant

A landlord has the right to remove the for the following reasons:

  • If the duration of the tenancy agreement has expired
  • If the tenant fails to pay the rent
  • If the tenant has committed tenancy agreement breach
  • If the premises are used for a purpose other than mentioned in the agreement
  • If the premises are sub-let without asking the permission of the Landlord

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:

  • Lodge a complaint in the Supreme Court instead of a Civil Court.
  • The Court orders the police officer in charge along with the concerned revenue officer to investigate the property dispossession case.

Our services

Our expert online lawyers in Pakistan provide a vast array of services regarding the property and land matters. The services we offer include:

  • Sale and purchase of property
  • Registration of property
  • Distribution of Property
  • Legal Management of Property Matters
  • Recovery of Possession of Properties
  • Ejectment of tenant
  • Fixation or Recovery of fair rent
  • Registration of rent deeds
  • Rent Appeals and Matters of Properties
  • Landlord / Tenant Disputes
  • Drafting Relevant Stamp Paper Agreements
  • Issuing FIR's for illegalities
  • Boundary Limit Disputes
  • Stays on Property
  • Executing Sales / Division of Property of Housing Societies
  • Division of Already Sold Property
  • Ensuring Children Inheritance
  • Illegal Possession / Claiming Possession of Property
  • Separation of Property during Khula / Divorce Cases
  • Challenging Fake Registries and Claims
  • Verifying Land Ownership
  • Mortgage Matters
  • Drafting Papers and Applications for the Exchange / Sale/ Inheritance of Property
  • Out of Court Arbitration of Land

Our expert lawyers are available round the clock to answer your queries and provide free legal advice online. You can contact us by filling the form below or via WhatsApp or phone, and our team will contact you with the best possible solution regarding your query.