Categories
Property Law

Sale of Disputed Properties in Karachi Pakistan

Recently due to imposition of new taxes, investors are avoiding to purchase the properties for which they have signed agreements, the only reason is decrease of market value of the properties. Now a days everyone is trying to sell properties in the market, but there is no actual purchaser. Therefore the said principle of demand and supply is applicable in the property market, as there is too much / high supply and very less demand, therefore value of properties are decreasing day by day.

If you have executed an agreement for sale of property and now purchase is not willing to pay the remaining sale consideration for completion of sale agreement, then we can assist you by filing a case for specific performance of contract for enforcement of agreement executed between you and the purchaser.

There are many judgments of High Court and Supreme court of Pakistan for specific performance of the contract.

Disputed Properties KarachiPeople who are real owners of the disputed properties are generally fed up of trying to sell their valuable properties, but they can not get proper value of their property because their properties are disputed. What are the disputes some encroacher or Land grabber has illegally occupied their property and the gentleman or gentle lady can not get vacate their property from the encroacher, land grabber.

Property possession Karachi PakistanThe position is very worst for overseas Pakistani, who while leave Pakistan handover the possession of their property to their friends and relatives for taking care of the property, but after few years they find that their friends or relatives have encroached on their land. The close friend or relative neither pay the rent of the property nor he is ready to vacate the premises, so the actual owner can rent out the property or get possession of the same, in other words it can be said he had lost his property for ever, simply by trusting his close friend or relative.

Tenant Occupied Rented House KarachiSome times people rent out their valuable property to tenant, but after some time when owner of the property ( the landlord ) need property for his personal use the tenant refuses to vacate the property, the gentle owner of the property has to file the case for eviction of tenant and then has to wait for the decision of the court and decision of appeals if any filed by the tenant.

Sale Purchase Disputed Property KarachiNow a days there is practice in the Karachi, that some influential persons purchase these type of disputed property at the value of 25% from the actual owner and easily get possession of the property. On eviction of encroacher the value of the property because as per market value and the influential investor get more than 300% profit on his actual investment within 6 to 18 months.

Disputed Property is not just a phrase of two words but it is the spread term that thousands of people use to find a good dispute property buyer or a real estate agent who can help them sell disputed property. Whereas the cases of disputed property are countless- the number of good real estate agents who actually buy dispute property or help people to sell disputed property is less. Wherever you go in this world of dispute property will be available for sale, but buyers for disputed property are less, if any buyer is available he will be ready to purchase property in less than 25% of the actual value of the property.

Disputes can be of many types- such as: Homeowner and tenant dispute: You have given your home to someone on rent but that person is now denying emptying it. In other words- the tenant has occupied the home. Shop owner and tenant dispute: You have a shop that you have given someone on rent to make some regular money but now the person has occupied the shop. The person is not increasing the rent and also not emptying the shop.

Land and owner dispute: You have some land in other city or village and you live in other city. Someone else occupies that land.

Family Property Dispute Settlement KarachiFamily dispute: You are three brothers/sisters (can be more) who live in different Cities and Countries. One of the brothers/sisters is staying in the ancestral home has totally occupied the home and denying to give a portion or benefit to others. Likewise- family disputes in property can be of many types.

No paper dispute: You are living somewhere for a longtime but you do not have home registry or other legal documents. These are a few types of disputed properties which people are facing now a days.

We always encourage our clients to get re-possession of their property by applying legal process, so they can get proper market value of their property.

 

 

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Law Firm in Pakistan dealing with Commercial, Intellectual Property and Litigation Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Property Law

The Illegal dispossession Act, 2005

The Illegal dispossession Act, 2005 is an Act to cure the activities of the property grabbers
WHEREAS it is obedient to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession therefrom by the property grabbers;

The Illegal dispossession Act, 2005 extends to the whole of Pakistan and It shall come into force at once.

Section 3 of the act describes the Prevention of illegal possession of property, which says that no one shall enter into or upon any property to dispossess, grab, control of occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property.

Sub Section 2 of the acts says that whoever contravenes the provisions of the sub-section (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provisions of section 544 of the Code.

The procedure of Investigation is that upon a complaint the Court may direct the officer-in-charge of a police station to investigate and complete the investigation and forward the same within fifteen days to the Court. If Court may extend the time within which such report is to be forwarded in case where good reasons are shown for not doing so within the time specified in this sub-section.

If the Court is satisfied that none of the persons are in possession immediately before the commission of the offence; the Court may attach the property until final decision of the case. In case of attachment, the methods of its management safeguard against natural decay or derioration shall be determined by the Court.

If during trail the Court is satisfied that a person is found prima facie to be not in lawful possession, the Court shall as an interim relief direct him to put the power or occupier as the case may be, in possession.

On conclusion of trail, if the Court finds that an owner or occupier of the property was illegally dispossessed or property was grabbed in contravention of section 3, the Court may, at any time of passing order under sub-section (2) of that section direct the accused or any person claiming through him for restoration of the possession of the property to the owner or , as the case may be, the occupier, if not already restored to him under section 7.

The Court may, where it is required, direct the officer-in-charge of the police station for such assistance as may be required for restoration of the possession of the property to the owner or as the case may be, the occupier.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

For more information please visit our website

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Contact:          +92 (0)321 205 7582

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Litigation and Property Disputes Settlement Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582