Categories
Property Law

Rights of Tenant under Sindh Rented Premises Ordinance

There are also rights of Tenant under the Sindh Rented Premises Ordinance.

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 case in the competent court of law in Karachi in addition to availing other legal remedies as advised by his counsel.

Generally Landlord pressurize the Tenant to execute tenancy agreement for 11 months only, by saying and making estate agent as witness that this is law to execute agreement for 11 months only. There is nothing mentioned in any law book that the tenancy agreement must be executed for eleven months only.

Under the Law rent of the premises is to be increased 10 per cent after every eleven months. It is also an other practice is available in Karachi which is in violation of Sindh rented premises ordinance, that the landlord pressurizes the tenant to enhance rent at 10 per cent after every eleven months.

As per Law rent is to be increased 30 percent after completion of three months, in this way landlord increase rent as per his choice after eleven months which is totally illegal and unjustified, the tenant can claim for recovery of amount which is received by landlord in violation of law.

The tenant can also apply for fixation of fair rent if the landlord is receiving rent more then market value prevailing in locality.

There are many other rights available to the tenant, which can be discussed in detailed.

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

 

 

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

CANTONMENTS RENT RESTRICTION ACT, 1963

Cantonments Rent Restriction Act, 1963 is an Act to make provisions for the control of rent class of buildings within the limits of the cantonment areas and for the eviction of tenants there from. It is expedient to make provision for the control of rents of certain class of buildings within the limits of the cantonment areas, for the eviction of tenants therefrom.

As per definations in the Cantoment Rent Restriction Act, 1963 ‘building’ means any building or part of a building, whether residential or not, together with all fittings and fixtures therein, if any, and includes any gardens, grounds, garages and outhouses attached or appurtenant to such building or part, and vacant land, but does not include any place of religious worship;to.

 

The provisions the of the Cantonments Rent Restriction Act and any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any instrument or document.

Every application under the Cantonments Rent Restriction Ac shall be filed with the Controller who shall either hear it himself or assign it to an Additional Controller for hearing and disposal.

 

The Controller shall, on an application by the tenant or landlord of building, fix fair rent for such building after holding such enquiry as he may think fit. The fair rent shall be fixed after taking into consideration the factors i.e.  the rent of the same building or similar accommodation in similar circumstances prevailing in the locality at the time of, and during the period of twelve months prior to the date of, the making of the application. In some cases the rise, if any, in the cost of construction and of the repair and maintenance charges as well as changes in the existing taxes after the commencement of the tenancy; and the rental value of the building as entered in the latest assessment list of the Cantonment Board as proposed under Section 72 of the Cantonments Act, 1924 (II of 1924).
The fair rent fixed shall be payable by the tenant from the date to be fixed by the Controller which shall not be earlier than the date of filing of the application.

Every dispute between a landlord and his tenant relating to the increase of rent shall be decided by the Controller. Provided that the Controller shall in no case allow any increase beyond seven and a half per centum of the cost of the addition, improvement or alteration made in the building or, beyond the amount of the additional tax payable by the landlord, as the case may be.

No landlord shall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant. A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention. If the Controller, on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities, or authorising the tenant to provide the same and to incur such expense thereon as the Controller may specify, and any sum so spent by the tenant shall be adjustable against the rent payable by the tenant in respect of that building.

After the commencement of the Cantonments Rent Restriction Act, no tenant, whether before or after termination of his tenancy, shall be evicted from the building in his possession or occupation in execution of a decree passed after such commencement, except in accordance with the provisions of this section. A landlord who seeks to evict his tenant shall apply to the Controller for an order in that behalf, and the Controller may, after giving the tenant a reasonable opportunity of showing cause against the application, make on order directing the tenant to put the landlord in possession, if he is satisfied that the tenant has not paid or tendered the rent to the landlord within fifteen days of the expiry of the time fixed in the agreement of tenancy for payment of rent, or in the absence of such agreement, within sixty days following the period for which the rent is due; or any other order as he deems fit as per law.

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.

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
Online Legal Services Property Law

Legal Management of Properties in Pakistan

Overseas Pakistanis having any legal issue of management of their properties in Pakistan can contact our law firm. We will provide full legal service for  management of their properties in Pakistan.

Our legal services will include but not limited to:

Sale, Purchase and Transfer of Properties

Recovery of Possession of Properties

Renting out properties and collection of rent

Pursuing property  litigation in Pakistan

Overseas Pakistanis all over the world face lot of legal issues regarding the management of their properties in Pakistan. They contact our law firm for management of their legal issues. Our law firm provides them full legal services for resolving their legal issues. Contact for further information.

We are conducting these cases which are likely to be decided in near future.

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 & Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

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

Categories
About us

Civil Law

Irfan Mir Halepota & Associates provide complete legal services on the civil matters which are relating to the individuals and companies in Karachi, Paksitan. These are as under:-

1. Permanent, Temporary and Perpetual Injunctions
2. Declaration of Title and any other documents
3. Cancellation of any Documents
4. Recovery of Money and Damages
5. Defamations Suits
6. Specific performances of agreements
7. Administration suits
8. Suit for Possession and Mense Profits
9. Partition suit
10. Changing/Correction of the Name and Date of Birth
11. Restoration of the service/job
12. Constitution Petitions
13. All kinds of Writ petitions
14. Succession and Letter of Administration
15. Wills and probate declarations
16. Appeals and Revisions
17. Eviction of the Tenants
18. Enhancement of the Rent
19. Restoration of amenity facility of the Tenant
20. Miscellaneous Rent cases

Irfan Mir Halepaota & Associates has been ranked as one of the top Corporate Law Firms in Pakistan by the Legal 500 and HG. It is also considered as one of the Best Law Chambers and Partners having well reputation in Karachi, Pakistan.

Submit Your Query For a Legal Advice

 
Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of International and Local Pakistani Laws.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

Categories
Divorce Family Law

Difference between Talaq and Khulla

Talaq is the Islamic term for divorce, which is commonly used in all Part of Pakistan including Karachi, Lahore, Islamabad, Hyderabad and Thatta. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia (which is also adopted under the Pakistani Laws). It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Pakistani Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.

It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq, whereas Shi’a scholars view the triple talaq (in one sitting or at one time) as a custom, forbidden by Holy Prophet Muhammad, but reinstated by Umar ibn al-Khattab, and thus  forbidden. Sunni scholars agree to the facts, but deem it halal (“lawful”) anyway.

Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.

After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as conclusive and decisive factor.
A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.

We do not run any fund raising program regularly, but  International and Local Donor agencies are always welcome for starting Human Rights and Woman rights Projects with our collaboration. We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman in Karachi, Pakistan without Professional Fees.

A woman can approach court for Khulla at any time after marriage, under the Family Law there is no limitation to file Divorce Case, even she can file a case for khulla on second day of marriage.

Sometimes ladies can not come to office of a Lawyer for discussing her case due to domestic problems, therefore, she can not get proper legal assistance rapidly. We on-line services to them. 

If you can not come our office then you can just email us the details of your case and sent required papers to us by courier services alongwith cross cheque or pay order of our professional fees. We will prepare your case, the draft is sent to client by email, after approval of the client the case is finalized for filing in the Court. Client has to come court for recording of statement before the judge.

Please Contact Us for detailed consultation.

Telephone: 0321-2057582

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

Very soon we are opening our branch office in Gulshan-e-Iqbal, Karachi, if you are any suggestion for location,  we will be thankful for any helpful comments.

Categories
About us

CIVIL LITIGATION IN KARACHI PAKISTAN

OUR Law Firm knows how to face challenges arising out of difficult and complex civil cases. We are a well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We have a team of widely known Advocates and Lawyers specializing in all areas of civil litigation, who practice in Civil Courts, District Courts and High Court. The superior Court in Pakistan is Supreme Court of Pakistan the judgements of Honourable Supreme Court of Pakistan are binding on all High Courts and sub-ordinate Courts.

Our Lawyers keep fully engage with clients at all stages of their cases that occur during litigation. Our team is highly experienced and has dealt with thousands of cases in Pakistan with a proven record of accomplishment of winning.

Our specialized team studies all available options in relation to cases and then advises client on the best legal option before the courts. We are sufficiently experienced and professionally equipped to fight in order to achieve the success.

OUR professional team deals with all aspects of juridical administrations facing our clients. We work hard to utilize effective measures in order to shun and avoid problems. We take aggressive legal approach to protect clients’ rights and business plans from others’ aggression.

We have very vigilant and aggressive approach in dealing with Civil Litigation including:

Our services include but no limited to:

Partition of Properties, Cancellation of Documents, Specific Performance of Contracts, Restoration of Possession of Properties, Permanent Injunctions, Suits for Dissolution of Partnerships, Rendition of Accounts, Recovery of Money and Mesne Profits, Declaration of Rights with Consequential Relief, Benami Transactions, Recovery of Damages, Succession Certificates, Stay Orders, Constitutional Writ Petitions before the High Courts, Recovery of Bad Debts and Loans:

Our Law Firm deals with cases of Special Laws relating to:

Consumer Protection, Environmental Protection, Electricity, Gas and Petroleum, Service Matters, Intellectual Property, Excise and Customs, Import & Export.

Ejectment of tenant, Fixation of fair rent, Recovery of rent amount, Registration of rent deeds, Rent Appeals.

Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant and aggressive manner.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

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


Categories
Family Law

Appointment of Guardianship

Appointment of Guardianship

Guardian is appointed under section 7 of Guaridan and Ward Act 1890.  Appointment of Guardianship is made and appoint by the Family Court.Under the section 7 of Guardian & Ward Act 1890 court has power to appoint any person as a guardian of the minor or property or both. When the court is satisfied that it is for the welfare of the minor that on order should be made.
(a) Applying a guardian of his person property or both
(b) Declaring a person to be such guardian, the court may make an order accordingly.
Point of consideration for Guardianship
Court at the time of passing the order will see the both material and moral/spiritual welfare of the minor. Under section 17 of Guardian and Ward Act the following principles are laid down in order to secure the welfare of the minor.

(1) Age
(2) Sex
(3) Religion of the minor
(4) Character and capacity of the proposed guardian
(5) Nearness of kin to the minor
(6) Wishes of the deceased parent
(7) Any existing or previous relation of the propped guardian with the minor or his property
(8) If the minor is old enough to form an intelligent preference that preference has to be considered.
(9) Whether the applicant ion is bonafide or necessary or not.

Classification of Guardian

For the Appointment of Guardianship the following are the classification of Guardians.
1. De jure
2. De facto
Person entitled to apply
1. The person desirous of being or claiming to be, the guardian of the minor or
2. Any relative or friend of the minor or
3. The collector of the district or to her local area within which the minor ordinarily resides or in which he has property or
4. The collector having authority with respect to the class to which the minor belongs
Guardian cannot be appointed in these cases
(a) Of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person or
(b) Of a minor whose father is living and is not, in the opinion of the court unfit to be guardian of the person of the minor or
(c) Of a minor whose property is under the superintendence of Court of Wards competent to appoint a guardian of the person of the minor.


Categories
Property Law Real Estate Deals Tax

Property Valuation FBR State Bank of Pakistan

FBR Pakistan Tax Property ValuationThe Finance Bill 2016 an amendment to Section 68 of Income Tax Ordinance, 2001 had been proposed under which commissioner Inland Revenue had been empowered to reject the collector value of provincial government and appoint valuation committee to ascertain fair market value to determine the income tax.

The amendment seeks to determine fair market value of property without regard to value fixed or notified by any provincial authority for the purpose of stamp or for any other purpose.
Property of posh areas in big cities like Karachi, Lahore, Islamabad which disclosed that the declared value was much lower than the open market value thus causing huge monetary losses to national exchequer.
It is generally observed by the Government Authorities that Property business in big cities had become source of parking undeclared or black money.
The amendment is proposed to be effective from July 01, 2016 but the commissioner IR could able to determine the valuation of past six years as envisaged in the tax laws.
The existing Section 68 explains fair market value as:
(1) For the purposes of this Ordinance, the fair market value of any property or rent, asset, service, benefit or perquisite at a particular time shall be the price which the property or rent, asset, service, benefit or perquisite would ordinarily fetch on sale or supply in the open market at that time.
(2) The fair market value of any property 3[or rent], asset, service, benefit or perquisite shall be determined without regard to any restriction on transfer or to the fact that it is not otherwise convertible to cash.
(3) Where the price referred to in sub-section (1) is not ordinarily ascertainable, such price may be determined by the Commissioner.
Further Section 222 of the Ordinance authorized the commissioner to appoint expert. It said: “The commission may appoint any expert as the commission considers necessary for the purpose of the Ordinance for the purpose of audit of valuation.”

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.