Property related disputes in Pakistan are one of the most common legal disputes that are filed in courts for redressal of grievances. No matter if you are purchasing a property for investment purposes or you want to purchase a property for your living and shelter for your family, it is important to take prudent measures to avoid becoming a victim of fraud. It is always recommended to contact a Civil/Property case lawyer before you want to sell or purchase a property because property case lawyers in Pakistan will save you from all kinds of frauds and prospective or future disputes or claims related to the property.
In usually circumstances when any fraud with relation to property surfaces, the aggrieved party has two available remedies i.e civil and criminal remedy. Parties in any fraud case press criminal proceedings to create pressure but if bail is granted to opponent side, the aggrieved party thinks they have lost the case and it’s all over. Bail however, is a temporary relief to the accused that he may not be put behind the bars till the conclusion of trial. The aggrieved party is strongly suggested to contest the complete trial and at the same time file a civil case of recovery of property/amount. It is now a settled principle of law that civil and criminal proceeding can be initiated simultaneously. In trial the accused will get punished for an offence committed and in recovery case (civil case) the aggrieved party will either obtain performance of the contract or recovery the money paid to the accused, as may be the facts of the case. If you need any stay order or injunction whether temporary or permanent qua any property you can also contact our property lawyers in Lahore.
Hamza & Hamza Law Associates is the best law firm In Lahore for property cases in Lahore Pakistan. Lawyers at Hamza and Hamza Law firm can be contacted for all legal issues related to the property including but not limited to following:
Property Title related dispute
It is important to understand that according to Property laws of Pakistan, person holding title is presumed to be real owner of the property. This means that upon purchase of property, buyer must immediately ensure to get transferred the property in his name, to protect his interest in property. Buyer may not be able to get property transferred in his name, if there is some defect or dispute ongoing in relation to property. Any buyer before entering in a deal in relation to a property with seller, must get the title of property verified. A simple way to do this is to hire an expert property lawyer who will initiate investigation into the actual status of the property, and authenticity of title to see if it is clear from any charge, lien, objection or dispute. This will help you have an informed decision and saves you from becoming a victim of fraud.
Buyer or Seller refuse to perform the Agreement
This is another common dispute between buyer and seller in relation to property. After the earnest money (Bianna) having been paid by buyer to seller, if either party refuse to perform the agreement, aggrieved party can approach the court of law for performance of the agreement.
In some of the cases we have also experienced that fake and forged agreement is presented before the court to obtain stay on property. No need to worry just call our property case lawyers who will guarantee get stay vacated on your property in no time.
Possession related disputes
Possession of property is equally an important factor under the property law of Pakistan. Every owner is entitled to enjoy the possession of his property under the property laws of Pakistan. What will be use of the ownership in property if you do not have the possession in property? It is normally a presumption in court that person in possession of property has legal entrust in property unless proved otherwise. Based on our experience it has been noted that Possession relate disputes can be of different types as follow;
Buyer refused to be hand over possession:
This kind of dispute normally surfaces where buyer has less or no previous experience of purchasing a property. Buyer enters into sale of property with the seller, and even after having paid the entire amount to seller, physical possession has been delayed or refused for any possible reason. In such cases, it is important to file a case in court of law for obtaining the possession. In case if you are facing a similar dispute all you need to do is to contact our expert property dispute lawyers and they will fully assist you obtaining the possession of property by process of court.
Tenant refuse to evict the property:
Tenancy relationship in Pakistan over the years has evolved to offer maximum protection to owner of property. It is always recommended to have an extensively written tenancy agreement or its renewal as the case may be, duly signed and thumbed by the tenant. This reduces the risk of dispute arising among landlord and tenant including tenant’s claim of ownership in property. In case if you have been deprived the possession of property by a rogue tenant who had defaulted in paying the rent and has refused to evict the property. Possession of property can be recovered by evicting the tenant from the property. Our property case lawyers have so far assisted several client in not only getting the clients evicted from premises but also helped them recover the entire defaulted rent by the act of court. All you need to do is to call our Property case lawyers and they will help you evict your tenant in no time.
Inheritance or Will
Upon death of predecessor in Pakistan, his estate is devolved upon his legal heirs. Legal heirs of deceased our determined in accordance to dictates of Shariat. It is not common to execute a will in Pakistan. Therefore, it is normally seen that upon death of a person, legal dispute arise between legal heirs. To avoid such dispute, it is always recommended that a person should transfer his property upon legal heirs during his life time.
- Landlord / Tenant Disputes
- Sale Purchase and Exchange of Property
- Distribution of Property
- Drafting Agreement and get issued non-judicial stamp papers
- Register FIR relating to property disputes
- Boundary Wall / Boundary Limit Disputes
- Evicting of Tenant
- Obtain stay or interim injunction on Property
- Recovery of rent from tenant
- Ensuring Children get their inheretence Fairly
- Recovery possession when Illegal disposed (‘Kabza’)
- Claiming Possession of Property in performance of contract
- Repair Issues / Issues during Construction
- Cases for Damages and Compensation
- Challenging Fake Registries / Documentation Claims
- Verifying Ownership of Land
- Assisting Overseas Pakistani’s with their Court Cases in Pakistan.
- Assisting Clients with buying land from Actual Owners
- Mortgage Matters