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

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

SIND RENTAL PREMISES ORDINANCE, 1979

Section 4 of the Sindh Rented Premises Ordinance details with the  Controllers. (1) Government may appoint one or more Controllers in any district and if more than one Controller is appointed in the same district Government shall define the local limits within which each of such Controllers shall exercise jurisdiction;

Provided that the Controllers working immediately before coming into force of this Ordinance shall continue to exercise their respective territorial jurisdiction until it has been altered, by Government.
(2) No person shall be appointed as a Controller unless he has worked or, has been working, as a Civil Judge or First Class Magistrate, for not less than three years.
(3) Government may authorize the District Judge or Deputy Commissioner, to transfer cases from one Controller to another within the District.
Section 5 of the Sindh Rented Premises Ordinance details with theAgreement between landlord and tenant. (1) The agreement by which a landlord lets out any premises to a tenant shall be in writing and if such agreement is not compulsorily registrable under any law for the time being in force, it shall be attested by, signed by, and sealed with the seal of, the Controller within whose jurisdiction the premises is situate or, any Civil Judge or First Class Magistrate.
(2) Where any agreement by which a landlord lets out any premises to a tenant is compulsorily registrable under any law for the time being in force, a certified copy of the registered deed and where the agreement is not so registrable, the original deed duly attested under subsection (1), shall be produced and accepted in proof of the relationship of the landlord and tenant;
Provided that nothing in this section shall affect any agreement between the landlord and tenant immediately before coming into force of this Ordinance.

Section 8. of the Sindh Rented Premises Ordinance details with theFair rent. (1) The Controller shall, on application by the tenant or landlord determine fair rent of the premises after taking into consideration the following factors: —-
(a) the rent of similar premises situated in the similar circumstances, in the same or adjoining locality.
(b) the rise in cost of construction and repair charges.
(c) the imposition of new taxes, if any, after commencement of the tenancy; and
(d) the annual value of the premises, if any, on which property tax is levied.
(2) Where any addition to or, improvement in, any premises has been made or any tax, or other public charge has been levied, enhanced, reduced or withdraw in respect thereof, or any fixtures such as lifts or electric or other fittings have been provided thereon subsequent to the determination of the fair rent of such premises, the fair rent shall, notwithstanding the pro¬visions of section 9 be determined or, as the case may be, revised after taking such changes into consideration.

Section 11 of the Sindh Rented Premises Ordinance details with the Discontinuance of amenities and services. (1) No landlord shall dis¬continue or cause to be discontinued any service such as electricity, gas or water, except with the previous consent of the tenant or in compliance with the requisition of the concerned authority or after obtaining the direction of the Controller in this behalf.
(2) Where the landlord has discontinued or caused, to be discontinued any service in contravention of subsection (1), the tenant may make an appli¬cation to the Controller for restoration thereof.
(3) Where the Controller is, after making such inquiry as he deems fit, satisfied that the service has been discontinued without sufficient cause, he shall make an order directing the landlord to have the service restored within such period as may be specified in the order.
(4) Where the landlord has failed to comply with the order of the Con¬troller made under subsection (3), the Controller may take necessary steps to get the service restored and recover the costs of such restoration from the landlord.
(5) Where the landlord has contravened the provisions of subsection (1), he shall be punished with simple imprisonment for a period not exceeding six months or with fine or with both.

Section 13  of the Sindh Rented Premises Ordinance details with the Eviction. No tenant shall be evicted from the premises in his posses¬sion except in accordance with the provisions of this Ordinance.

Section 14 of the Sindh Rented Premises Ordinance details with the Delivery of vacant possession. (1) Notwithstanding anything con¬tained in this Ordinance or any other law for the being in force, the landlord of a building who is a widow, or a minor whose both parents are dead or a salaried employee due to retire within the next six months or has retired or a person who is due to attain the age of sixty years within the next six months or has attained the age of sixty years, may, by notice in writing, inform the tenant that be or she need, the building for personal use and require him to deliver vacant possession of the building within such time as may be specified in the notice, not being earlier than two months from the receipt thereof;
Provided that nothing in this subsection shall apply where more than six months have elapsed since the landlord has retired or attained the age of sixty years or, as the case may be, has become widow or orphan.
(2) Delivery of vacant possession. The landlord shall not be entitled to avail the benefit of subsection (1) if he is in occupation of a building owned by him in any locality.
(3) Where the tenant has failed to deliver the possession of the building under . subsection (1), the Controller shall, on application by the landlord in this behalf, order eviction of the tenant from the building in a summary manner, by using such force as may be necessary.
(4) Where the landlord, who has obtained the possession of the building under this section, relates the building to any person other than the previous tenant or puts it to a use other than personal use within one year of such possession, he shall be punishable with fine which shall not exceed one year’s rent of the building payable immediately before the possession was so obtained.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Feel Free to  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

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

Eviction of Tenants in Clifton Cantonment Karachi

Eviction of Tenants in Clifton Cantonment Karachi. The Properties Situated in Defence Housing Authority (generally reffered as DHA / D.H.A.)  comes within the Limits of Clifton Cantonment Board Karachi.

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 an order directing the tenant to put the landlord in possession, if he is satisfied that:

o          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 in due; or

o          the tenant has, without the written consent of the landlord,

o           transferred his right under the lease or sublet the building or any portion thereof, or

o           used the building for a purpose other than that for which it was leased; or

o          The tenant has committed such acts as are likely to materially impair the value, look or utility of the building; or

o          The acts and conduct of the tenant have been a nuisance to the occupiers of buildings in the neighbourhood; or

o          Where the building is situated in a place other than a hill station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or

o          The landlord intends to demolish the building for constructing a new building on the same site and as already obtained the necessary sanction for such construction from the Cantonment Board:

The Controller may give the tenant a reasonable time for putting the landlord in possession of the building, and may extend such time so as not to exceed three months in the aggregate.

A landlord may also apply to the Controller for an eviction order of a tenant if he requires the premises in good faith for his own occupation or for his family members.

Where the tenancy is for a specified period agreed between the landlord and the tenant, the landlord shall not be entitled to apply before the expiry of such period for eviction of tenant to the Controller on the above grounds.

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