Categories
Environment Law

Environmental Laws and Policies in Pakistan

Top Law Firms in Karachi PakistanWe are one of the Pakistan’s leading environmental law firms. Unlike many firms, we have a standalone environment group – not a team that is an add-on to a real estate, planning or energy practice.

Our approach is practical and commercial.  We help our clients assess risk and avoid problems. Where they do have problems, we help solve them. Where damage is inevitable, we strive to limit it, with particular emphasis on protecting reputation and, when necessary, individuals.

We usually work with our clients to avoid litigation. But when we can’t avoid it, our combination of in-depth commercial understanding and criminal advocacy know-how makes us a formidable force. We also have an experience of the appeals system and judicial review.

In non-contentious areas, our environment lawyers do a wide variety of ‘pure’ environmental work, as well as advising on risk assessment and apportionment in corporate, property and financing transactions. They also work closely with our specialists in the areas of planning, energy and International law.

Our clients include European and US investors in the Pakistan, government departments and agencies, local authorities, banks, investment funds, landowners, utility operators, property companies, landfill operators, professional bodies and companies from many other sectors, including manufacturing, waste, chemicals, construction, house building, rail, mining, quarrying, oil and energy.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

Submit Your Query For a Legal Advice

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Environmental Laws and Policies.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Property Law

The ‘Agreement of Sale’ or ‘Sale Agreement’

Top Law Firms in Karachi PakistanWhether you are purchasing a plot for construction of a home or an apartment from a builder, the sale agreement is a document that you will need to scrutinise minutely before signing. Once signed, you will not be able to counter anything that is on it.

Sale AgreementThe sale agreement being a technical document will have a series of terms that you need to understand thoroughly. Sale, for example, is a transaction where money is exchanged, in part or in whole, for the transferring of ownership of a particular piece of property in whole.

There is nothing explicitly mentioned in the law about the sale agreement being a written one. However, it is now common practice and even a practical thing to do so, especially if the document is to hold water in a court of law. An important thing to do is to get the agreement registered, as a non-registered document does not have any legal bearing and any deal made on the basis of it is considered void.

Clauses

There are several inclusions or what are called clauses in the sale agreement. It will describe the property, include contact details of the seller and the buyer, the negotiated price will be mentioned and also how this payment is being disbursed. The time frame for the payment will be included. There will also be a provision for the payment of stamp duty and for the account of the property title.

The clauses in a sale agreement are important because they outline everything that will go into making this a successful transaction, which is completely legally sound. The contract will tell you if the payment is to be made in cash, in part or an agreement for it to be paid partially in the future has been agreed on.

Some of the clauses will cover municipal taxes that are due by the person buying, as well as maintenance charges and in the case of an apartment being purchased payment towards the building society.

Payment terms: The onus is on both the buyer and seller to come to a mutual agreement on the price of the property and all other expenses that go towards the transfer of property. This has to be included and has to be agreed on by both the buyer and seller.

The time for the disbursement of the payment should also be included right up to the last instalment. The document will need to be scrutinised by lawyers from both sides and then signed by both parties.

Transferring property titleTransferring of property title: For a loan to be sanctioned, the property title is important.

This should be transferred to the buyer when the seller has got in hand the amount agreed on. The transfer is the last step in the whole process of buying the property. The property will have to be registered in the buyer’s name by the seller at the local registrar office.

Stamp duty: These rates are fixed by the relevant authorities and can vary with each State. The onus is on the buyer to ensure that the property has been registered in his name at the rate that the government has sanctioned for the transferring of the property.

Sale deedSale deed: This follows the agreement of sale and is an understanding between the seller and the buyer. Its contents need to be scrutinised by experts multiple times before you actually sign on it.

With the right kind of legal help to support you, there is no reason to fear the complexities of the agreement of sale. It is something that you can easily surmount.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

Categories
Online Legal Services Property Law

Safe Way of Purchasing and Selling Property in Pakistan

In developed countries peoples sell, purchase and transfer property through lawyers and get avoid from fraud and legal complications. But unfortunately in Pakistan peoples directly go for this business, without verification the title deeds and legal status of the property and get trapped in frauds and legal complications. The best and safe way to sell, purchase and transfer of property is firstly to consult with lawyer for verification and checking the legal status of the property. This would save you from property frauds and loss of your money.

Our law firm advise and assists clients in sale, purchase and leasing of commercial, agricultural and residential properties. We successfully complete the whole process of verification and registration of title documents, procurement of revenue documents “Farad” and get mutation of names (Intiqal) in the revenue record.

We initiate speedy legal proceedings against the offenders of Land Grabbing, Illegal Possession of property and Transfer of property by fraudulent manner.

 

Real Estate Related Laws of Pakistan

This overview explains procedure for sale/purchase of real estate in Pakistan, Gift of real estate in Pakistan, lease of real estate in Pakistan, mortgage of real estate in Pakistan and taxation of gains from real estate in Pakistan, taxation of real estate in Pakistan and set up of real estate investment trusts in Pakistan. These brief notes are for general guidance only and should not be taken as a substitute for thorough and professional legal advice.

Real Estate Related Laws of Pakistan

•The Transfer of Property Act, 1882

•Land Revenue Act, 1967

•Stamp Act 1899

•Registration Act 1908

Types of Real Estate in Pakistan

Sale of Real Estate in Pakistan

Sale of real estate in Pakistan normally takes place through a title document known as a Sale Deed, except in certain cases e.g. purchase of real estate in Defence Housing Authority (DHA) or in a housing society where sale deed is not executed for transfer of title in real estate and an allotment letter/transfer letter from the authority or the society, as the case may be, is deemed to be the title document. Some people, before execution of the sale deed, may opt to execute an agreement to sell. However, such agreement to sell does not transfer title to a property in favour of the vendee. It, nevertheless, does create a right in favour of the vendee, in case the vendor refuses to honour the terms and conditions of the agreement, to seek specific enforcement of the agreement to sell. Title in an immovable property is only deemed to transfer once such Sale Deed or title document has been executed. A sale deed must be affixed with requisite stamp duty and it must be registered with the relevant sub-registrar. After registration of the Sale Deed with the sub-registrar it must be ensured that a mutation of such sale is entered in the register of mutations kept and maintained by the patwari.

Purchase of Real Estate in Pakistan

Before purchasing real estate in Pakistan, a complete and thorough search in respect of title of the seller to the real estate must be carried out. A general practice is to investigate title of the current vendor and any previous owner(s). Original title document in favour of the vendor must be obtained alongwith other relevant documents including mutation in favour of the vendor, a fresh copy of fard, aks shajra and NOC/NEC as the case may be.

If the vendor is selling the property in the capacity of an attorney of the owner then it must be ensured that the power of attorney is affixed with appropriate stamp duty and it has been duly registered with the relevant sub-registrar. If possible, contact should be made with the owner(s) of the property and authenticity of the power of attorney must be confirmed. A holder of a forged and fabricated power of attorney may not be able to transfer a valid title in an immovable property to a third party.

Non-resident Pakistanis, overseas Pakistanis and foreigners may also purchase immovable property in Pakistan. Their presence in Pakistan at the time of execution of the title document is not necessary.

Lease/Renting out of Real Estate in Pakistan

Landlord’s Point of View

Landlord must ensure that lease of an immovable property is executed in writing. Lease of immovable property for a period of less than a year does not require compulsory registration. However, lease of immovable property for a period of more than a year must be registered.

If the tenant refuses to pay rent, or for any other reason as stated in the lease agreement and allowed under the law, the landlord may terminate the lease. If the tenant refuses to vacate the premises the landlord may file an ejectment petition before the relevant rent controller.

Tenant’s Point of View

Tenant must ensure that he makes payment of the rent either through a crossed cheque, or where payment is made through some other mode, then a receipt must be obtained from the landlord. In case the landlord unlawfully or unjustifiably attempts to evict the tenant, the tenant may file a petition before rent controller in addition to availing other legal remedies as advised by his counsel.

Gift of Real Estate in Pakistan

Gift of real estate in Pakistan must be made in writing. There is, however, a qualification to this general rule in case of a Muhammaden. A Muhammaden may make an oral gift of an immovable property. Although allowed under law, it is not recommended to make oral gifts of immovable property because it may become difficult to prove an oral gift. Where a gift deed is executed, it must be affixed with appropriate stamp duty and it must be registered.

An oral gift, in case of a Muhammaden, takes effect if all three of these under mentioned conditions are satisfied:

•Declaration of gift

•Acceptance of the gift by the donnee during the lifetime of the donor

•Transfer of possession of the subject matter of the gift by the donor to the donnee

Once all of the above-mentioned conditions are satisfied, then the fact of a gift is deemed to be established.

Mortgage of Real Estate in Pakistan

Legal Mortgage

A legal mortgage in respect of an immobile property may be created after execution of a mortgage deed. A mortgage deed must be affixed with appropriate stamp duty and it must be registered with the relevant sub-registrar.

Equitable Mortgage

An equitable mortgage in respect of an immovable property may be created simply by deposit of original title documents e.g. sale deed, allotment letter, etc., with the mortgagor. It is not required to be registered, however, a general practice is to get a lien marked in respect of such mortgage.

Real Estate Taxation in Pakistan

Taxation of Gains from Real Estate in Pakistan

The Constitution excludes legislation on taxation of capital gains from the purview of the federal government. The income tax law has also been harmonized with these constitutional provisions by excluding the immovable property from the definition of capital asset, whose gain is liable to tax.

Despite this, profits on some transactions concerning immovable property is taxable under the income tax law e.g. disposal of property acquired as a stock in trade or with commercial intent to make profit. However, gains realized on disposal of immovable property transferred as a consequence of family inheritance, gifts or without commercial motives, or the property held as a business capital asset are exempt.

Capital Value Tax on Real Estate Related Transactions in Pakistan

A Capital value tax at the rate of 2 percent of recorded value has been levied vide Finance Act, 2006. This is applicable in urban areas for residential property exceeding an area of one kanal and in case of commercial properties without any threshold of land area or size of the property. However, where the value of such property is not recorded, the CVT is payable at Rs. 50 per square yard of land area. All transfers falling under the scope of purchase, gift, exchange, surrender, power of attorney and relinquishing the rights have been subjected to the capital value tax. However, transactions between spouses, parents, grand parents, brothers and sisters through gift and inheritance have been excluded from its purview.

Establishment of Real Estate Investment Trust in Pakistan

The concept of Real Estate Investment Trust has recently been introduced in Pakistan as an incentive for real estate investment in Pakistan. Any income of such trust is exempted from tax, subject to the condition that not less than 90 percent of its profit of the year is distributed amongst the unit holders.

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

 

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

 

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Categories
Property Law

Commercial Real Estate

Irfan Mir Halepota & Associates commercial real estate department has grown over the last decade to provide the core legal support to some of Karachi’s largest commercial builders and residential developers, working in high volume multi-unit sales and conveyancing support. Our team can service all of your day-to-day leasing needs, from portfolio managers seeking cost-effective, efficient and judicious management of a diverse cross-section of properties, to entrepreneurs looking for the latest trends and rates as they prepare for their firm’s next big move. If you want to get any further legal advise about property.

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Property Law

Property Law in Karachi Pakistan

Top Law Firms in Karachi PakistanOur Law Firm provide the property legal services to valued clients from the purchase of the property to disposal of the property. This law

01. Sale Deed Conveyance Deed in Karachi Pakistan

02. All kinds of property Deeds in Karachi Pakistan

03. Surrender Transfer and Relinquishment Deed in Karachi Pakistan

04. Mutation of the Property in Karachi Pakistan

05. Lease and sub-Lease of the property in Karachi Pakistan

06. Inheritance transfer and share division of the property in Karachi Pakistan

07. Succession and Letter of Administration in Karachi Pakistan

08. Possession and Declaration of the Title of the Property in Karachi Pakistan

09. Injunction of the suit in Karachi Pakistan

10. Property Documentation in Karachi Pakistan

11. Sale and Purchase of the Property agreements/Deeds in Karachi Pakistan

12. Registration of the Deed before sub-Registrar in Karachi Pakistan

13. Illegal Dispossession in Karachi Pakistan

14. Tenancy Agreement in Karachi Pakistan

15. Housing society Transfer mutations in Karachi Pakistan

16. Property Tax in Karachi Pakistan

Our Office is based in Clifton, easily reachable from all parts of Karachi, including Defence and other Areas.

Recently the largest property deals are being made in Bahria Town Projects in Karachi Pakistan.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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

Sale Deed Conveyance Deed,  All kinds of property Deeds, Surrender Transfer and Relinquishment Deed, Mutation of the Property in Karachi Pakistan, Lease and sub-Lease of the property, Inheritance transfer and share division of the property,  Succession and Letter of Administration, Possession and Declaration of the Title of the Property, Injunction of the suit  Pakistan, Property Documentation in Karachi, Sale and Purchase of the Property agreements/Deeds, Registration of the Deed before sub-Registrar, Illegal Dispossession, Tenancy Agreement Housing society Transfer mutations in Karachi Pakistan Property Tax

Categories
Property Law

Property Lawyer in Karachi

Our Law Firm offers a fast and efficient service in the following areas of Property Law in all courts of law, including Honourable High Court of Sindh at Karachi and Supreme Court of Pakistan :

  • Property Litigation
  • Acquisition and Sale of Property, both commercial and residential
  • Construction and Planning
  • Landlord & Tenant
  • Legal Action against illegal occupation and encroachment
  • Property Conveyance

Our Clients include property developers, surveyors, banks, pension funds, private clients, retailers, landlords and tenants.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Litigation and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: +923212057582

Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.

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.

 

 

Submit Your Query For a Legal Advice

 
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

SALE, PURCHASE AND TRANSFER OF PROPERTY REAL ESTATE IN PAKISTAN

SALE, PURCHASE AND TRANSFER OF PROPERTY/REAL ESTATE IN PAKISTAN

OUR LAW FIRM advises and assists clients in sale, purchase and leasing of commercial, agricultural and residential properties in Karachi, Paksitan. We successfully complete the whole process of verification and registration of title documents, procurement of revenue documents “Farad” and get mutation of names in the revenue record.

In developed countries people sell, purchase and transfer property through Law Firms and get avoid from fraud and legal complications. But unfortunately in Pakistan, people directly go for this business, without verification of the title deeds and legal status of the property and get trapped in frauds and legal complications.

After visiting the properties shown by Estate Agent or Property Consultants. The best and safe way to sell, purchase and transfer of property is firstly to consult with lawyer for verification and checking the legal status of the property and then to enter into full written agreement by setting out all the terms and conditions in it. This would save you from property frauds, legal complications and loss of your money.

We initiate speedy legal proceedings against the offenders of Land Grabbing, Illegal Possession of property and Transfer of property by fraudulent manner.

OUR Law Firm provides clients with the best legal services to handle business transactions and deals of all sizes, including contracts and/or agreements pertaining to buying and selling property, leasing for the lessee or lessor, sales and maintenance of real estate and farms and vacant land.

OUR Law Firm has a wide range of practice areas in relation to registration. We guide clients in accordance with the Registration Laws of the Real Estate applicable in Pakistan. In collaboration with our partners, we empower clients to obtain the rights on their ownerships.

OUR Law Firm has experienced litigators, who appear for clients before all levels of the Pakistani courts in order to fight on behalf of them, for both the plaintiff and the defendant, before all stages of arbitration panels and the various forms of the ADR as well as representing them in all attempts to attain an amicable settlement with their opponents.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Categories
Property Law

Reasons to hire a Lawyer in Real Estate Contract

There are many compelling reasons to hire a lawyer in estate purchase matters including :-

1. Estate Agents know a little about documentations, their legal value etc. (for example how power of attorney under the law. A property bought on PoA older than 6 months period can not transfer any right to the buyer.)

2. Agents since know a little about procedural law too, they have to give bribe as there are so many lacunas in the documents they prepare and to cover up these, they have to pay bribe, which goes from the pocket of BUYER. Additional burden on buyers.

3. After seeing a buyer coming with a lawyer, an official hardly raise any illegal objection and you will get the documents done/registered within time.

4. A lawyer can tell you worth or legal value of documents. He can also tell you if the entire chain of documents necessary to establish legal title over the properly, is available or anything is missing.

5. A layman knows little about law, legal procedure, documentations etc. so its wise to hire an advocate and in that way you are mentally peaceful about your deal as regards to the title/ownership/documents etc.

If you want to get any further legal advise about property.

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321-2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582