# Irfan Mir Halepota & Associates — Full Q&A Reference > Companion to /llms.txt with complete answers for every published FAQ. ## Hiring a Lawyer in Karachi Page: https://irfanlaw.com/#lawyer-karachi-faq Q: How do I choose the right lawyer in Karachi for my case? A: Start with the forum, not the name. Family matters such as khula, maintenance and custody go to the Family Courts at the City Courts or Malir Courts; appeals and constitutional petitions go to the High Court of Sindh, whose principal seat is in Karachi; and Supreme Court appeals from Sindh are generally heard at the Supreme Court's Karachi Branch Registry, except taxation, customs and revenue matters. Then choose an advocate enrolled to appear before that court. Our guide on how to choose a lawyer in Karachi covers the questions to ask at the first meeting. Q: How can I check that a Karachi advocate is properly enrolled? A: The Sindh Bar Council publishes an online verification database of enrolled advocates showing each advocate's registration number, whether the enrolment is for the High Court or the lower courts, and whether it is valid, suspended or removed. An advocate needs separate Supreme Court enrolment to appear before the Supreme Court of Pakistan. Q: Which courts does Irfan Mir Halepota & Associates appear before? A: The Supreme Court of Pakistan, the Federal Constitutional Court, the High Court of Sindh, the Federal and Sindh Service Tribunals, the Sindh Environmental Tribunal, the Appellate Tribunal Inland Revenue, the Customs Appellate Tribunal and Special Courts (Customs), Banking Courts, District, Civil and Family Courts, and the Rent Controllers in Karachi. Irfan Mir Halepota, who leads the firm, is an Advocate of the Supreme Court of Pakistan. Q: What kinds of cases does the firm handle? A: Civil and property litigation, criminal defence including pre-arrest and statutory bail, family law (khula, talaq, custody and maintenance, handled by Advocate Nusrat Irfan), inheritance and succession, income tax, sales tax and customs disputes, trademark registration and IP enforcement, corporate and commercial work, banking recovery, service matters and constitutional petitions. The areas of practice page lists each one. Q: Where is the firm's office in Karachi? A: Office E-26, Executive Floor, Glass Tower, Khayaban-e-Iqbal (Clifton Road), Teen Talwar, Clifton, Karachi. The office is open Monday to Saturday, 9:00 am to 6:00 pm, and can be reached on +92 321 2057582 or info@irfanlaw.com. Q: Can I instruct a Karachi lawyer if I live abroad or outside Karachi? A: Yes. Overseas Pakistanis can generally conduct litigation through a power of attorney executed and attested at the Pakistani mission in their country, and most stages do not require personal attendance, though a court may direct it at particular points. The firm also takes matters from elsewhere in Pakistan to the High Court of Sindh and the Supreme Court. ## Civil Litigation Page: https://irfanlaw.com/practice/civil-litigation.html Q: Can you help if we're the defendant in a suit we consider baseless? A: Yes — a large share of our civil work is defending clients against claims that are exaggerated, time-barred, or filed in the wrong forum. We assess jurisdiction and limitation before anything else, since a case can often be closed on a preliminary objection. Q: How long does a civil suit take in Karachi? A: It depends on the nature of the dispute and how heavily it is contested, but a well-drafted plaint with interim relief sought early moves considerably faster than one that drifts through adjournments. We give a realistic estimate at the outset rather than an optimistic one, and we advise on whether a decree will actually be executable before recommending that a suit be filed. Q: The other side got an ex parte injunction against us — what now? A: An ex parte order is made without hearing you and is provisional. An application to vacate can be moved, and where the applicant failed in the duty of full and frank disclosure — concealing material facts or earlier proceedings — that alone can be sufficient to have the order set aside without reaching the merits. Q: Who is the best civil litigation lawyer in Karachi for my case? A: The right measure isn't a generic "best" ranking — it's whether the lawyer can tell you within the first meeting which forum your matter belongs to (civil court, Banking Court, Rent Controller, or another specialised tribunal), whether interim relief is available and how urgently it should be sought, and what the realistic timeline is. That diagnostic ability, more than years in practice alone, is what determines outcomes in Karachi's civil courts. ## Criminal Litigation Page: https://irfanlaw.com/practice/criminal-litigation.html Q: Someone has filed a false FIR against me — what should I do first? A: Do not give a statement to the police without counsel present, and get the FIR reviewed immediately. Depending on the offence, pre-arrest bail or a quashment petition may be available, and both are time-sensitive. Q: Do you handle harassment and cyber-crime complaints? A: Yes, both filing complaints on behalf of complainants and defending clients accused under harassment or electronic-crime provisions. Q: Can an FIR be cancelled or quashed? A: An FIR can be quashed by the High Court under Section 561-A CrPC where it is wholly without basis or an abuse of process, but the threshold is high and it is not granted simply because the accused disputes the allegations. In many cases the more realistic route is a properly evidenced investigation resulting in the accused being reported innocent in the challan. Q: The police will not register my FIR — what can I do? A: Approach the SHO in writing, then the SP or DPO, keeping proof of delivery. If registration is still refused, a petition to the Ex-Officio Justice of the Peace under Sections 22-A and 22-B CrPC can direct the police to register. Documented proof that you approached the hierarchy first materially strengthens that petition. Q: Who is the best criminal lawyer in Karachi for bail matters? A: Look for a lawyer who can immediately identify whether your situation calls for pre-arrest bail under Section 498 CrPC or post-arrest bail under Section 497 — they proceed on entirely different grounds — and who moves quickly to gather evidence of mala fide before an FIR is even registered. Speed and the correct procedural route matter more in bail matters than almost anywhere else in litigation. Q: Which court do I apply to for bail in Karachi? A: Pre-arrest bail under Section 498 CrPC can be granted by the Court of Session or the High Court of Sindh, and post-arrest bail is sought under Section 497 CrPC. In practice the application is ordinarily made to the Sessions Court first, and the High Court is approached if it is refused. Where a trial has stalled, bail can become a right under the third proviso to Section 497(1) once detention passes one year (six months for a woman) for non-capital offences, provided the delay is not the accused's fault. See our guide to statutory bail for delay. Q: What makes a bail lawyer in Karachi effective? A: Families looking for the best bail lawyer in Karachi are usually racing a hearing date, and what decides most bail applications is the record, not the rhetoric: whether the FIR was delayed, whether the case calls for further inquiry, whether the offence falls within the prohibitory clause, and whether a co-accused has already been granted bail. A lawyer who has read the FIR, the police diary and the medico-legal report before the hearing is worth more than one who has not. ## Corporate & Commercial Law Page: https://irfanlaw.com/practice/corporate-commercial-law.html Q: Can you register a new company for a foreign investor? A: Yes — we handle SECP incorporation, sector-specific approvals where required, and the shareholder and governance documents that should be in place from day one rather than retrofitted later. Q: We have a dispute with a co-founder — where does that go? A: That depends on what your shareholders' agreement says. Many disputes are resolved through arbitration clauses already in the founding documents; where none exists, we assess whether the Company Bench of the High Court or a civil suit is the right route. Q: Can a foreign company own 100% of a Pakistani subsidiary? A: In most sectors, yes. Foreign nationals and entities can hold shares in a Pakistani company and full foreign ownership is possible in the majority of sectors, subject to SECP requirements and State Bank of Pakistan foreign investment regulations. Some sectors are restricted or require additional approval, so the specific activity should be checked before the structure is settled. Q: What ongoing obligations does a registered company have? A: Annual returns and financial statements must be filed with SECP, statutory registers maintained, and board and general meetings held and minuted. Late filing fees accumulate and continued default can expose the company and its officers to further consequences under the Companies Act, 2017. See our page on corporate compliance and annual filings. Q: Who is the best corporate lawyer in Karachi for company formation and disputes? A: The best corporate counsel for a growing business is one who structures the company correctly from incorporation — avoiding the common error of issuing shares just to meet subscriber requirements — and who drafts shareholders' agreements addressing deadlock and exit before disputes arise, not after. ## Family Law Page: https://irfanlaw.com/practice/family-law.html Q: What's the difference between divorce and khulla? A: Divorce (talaq) is initiated by the husband; khulla is a wife's route to dissolve the marriage through the Family Court where the husband does not consent. The procedure, evidence, and financial consequences differ, and we advise on which applies to your situation before filing anything. Q: How is child custody decided in Karachi's Guardian Courts? A: The court's primary consideration is the welfare of the minor, weighed against the statutory preferences under the Guardians and Wards Act. We prepare custody petitions around the specific facts of the child's circumstances rather than a generic template. Q: Does taking khula mean losing custody of my children? A: No. The mode of dissolution has no automatic effect on custody. Custody remains subject to the welfare test under the Guardians and Wards Act regardless of whether the marriage ended by khula, talaq or otherwise. Remarriage likewise does not automatically end a mother's custody — it is a factor a court may consider in context, not a disqualification. Q: Can I file for khula from abroad? A: Yes. Proceedings can generally be initiated and conducted through a power of attorney executed and attested at the Pakistani mission in your country. Most stages do not require personal attendance, though a court may direct it at particular points. Q: Which matters can the Family Court decide? A: Section 5 read with Part I of the Schedule to the West Pakistan Family Courts Act, 1964 gives Family Courts exclusive jurisdiction over dissolution of marriage including khula, dower, maintenance, restitution of conjugal rights, custody of children and visitation rights, guardianship, jactitation of marriage, and dowry and the personal property and belongings of the wife. The Act's preamble states its purpose as the expeditious settlement and disposal of disputes relating to marriage and family affairs. Q: How much dower can a wife be required to surrender for khula? A: Section 10(5) of the West Pakistan Family Courts Act, 1964 permits the Family Court to direct surrender of up to fifty percent of deferred dower, or up to twenty-five percent of admitted prompt dower. These are statutory ceilings and the direction is discretionary, not automatic. Section 10(6) separately requires the court to direct the husband to pay the whole or part of outstanding deferred dower. Q: Can all family claims be brought in a single suit? A: Yes. The proviso to Section 9 allows a plaint for dissolution of marriage to include claims for dowry, maintenance, dower, the wife's personal property and belongings, custody and visitation. Section 9(1b) further allows a wife defending a restitution suit to claim dissolution including khula in her written statement, which is deemed a plaint so that no separate suit is required. Q: What does the court do before granting dissolution? A: Reconciliation must be attempted. Section 10(5) operates on the basis that where reconciliation fails, the Family Court shall immediately pass a decree for dissolution. The reconciliation stage is a statutory requirement, and the Act contemplates the decree following promptly once it has been exhausted. Q: Who is the best family lawyer in Karachi for divorce and khula? A: The best family lawyer for a khula or divorce case is one who explains, before filing, whether your case should be pleaded as khula simpliciter or on a fault ground under the Dissolution of Muslim Marriages Act — because that single decision determines whether you keep your full dower or surrender part of it. This firm includes advocates handling both litigation and women's rights matters specifically. ## Intellectual Property Page: https://irfanlaw.com/practice/intellectual-property.html Q: How long does trademark registration take in Pakistan? A: It depends on whether the mark is opposed after publication and how the examiner treats the class of goods or services. We run a clearance search before filing to flag likely objections early rather than after they cost you time. Q: Someone is using a name similar to ours — what can we do? A: If your mark is registered, infringement action is the direct route; if it isn't yet, passing-off may still be available based on prior use and reputation. We assess evidence of use first, since that determines which claim is strongest. Q: Who is the best lawyer for trademark disputes in Karachi? A: The right question is not "best" in the abstract but whether the lawyer can identify which of the four IP statutes governs your matter, whether it belongs before the IP Tribunal or the High Court of Sindh, and whether customs recordation is available to you. A lawyer who answers that in the first meeting, with the relevant provisions named, is doing the job properly. Q: Can I get an injunction without notifying the infringer first? A: Yes, in appropriate cases. Ex parte relief is available where infringement is blatant and delay would cause irreparable harm or allow evidence to be destroyed — the Copyright Ordinance provides for this as of right under Section 60-A, and Tribunals commonly grant it for trademark matters on the same footing. It is not a matter of right in every case and cannot be appealed except where compelling reasons and time-sensitivity are shown. Q: Does copyright need to be registered to be protected? A: No. Copyright arises automatically on creation of an original work and lasts for the author's lifetime plus 50 years. Registration with the Copyright Office is not mandatory, but it creates an official record that materially strengthens enforcement and evidentiary proof of ownership. ## Taxation & Customs Page: https://irfanlaw.com/practice/taxation-customs.html Q: We've received a show-cause notice from FBR — how urgent is a response? A: Very. Statutory response windows are short and a weak or late reply narrows your options at every later appellate stage. We review the notice and supporting record before drafting anything. Q: Do you handle customs valuation disputes at the port? A: Yes, including classification and valuation disagreements that hold up clearance, through to Customs Appellate Tribunal proceedings where a dispute isn't resolved administratively. Q: Does filing an appeal stop FBR from recovering the demand? A: No. Recovery is not automatically suspended by filing an appeal, and taxpayers are regularly surprised when bank accounts are attached while an appeal is pending. A stay must be separately applied for and granted by the appellate authority or the court. Q: Is there any time limit on how long FBR can pursue an amendment? A: Yes. Proceedings under Section 122 must ordinarily conclude within 120 days of the show-cause notice, extendable by up to 90 further days for reasons recorded in writing, for notices issued after 1 July 2021. There is also a five-year outer limit for amendment of assessment. Where these are exceeded, that is a ground of challenge independent of the merits. Q: Who is the best tax lawyer in Karachi for FBR disputes? A: The best tax counsel treats the first response to an FBR notice as the case-defining moment, not a formality — building the documentary record at that stage because the Commissioner (Appeals) is the last forum where new facts can be freely introduced. Look for a lawyer who can name the specific section your notice was issued under and the statutory deadline that applies to it. ## Civil Service & Service Tribunal Matters Page: https://irfanlaw.com/practice/civil-services-law.html Q: I've been served a show-cause notice by my department — what's the deadline to respond? A: Departmental rules typically set a short window for a written reply, and that response becomes part of the record used against you later if it's rushed. We review the allegations and relevant service rules before drafting a reply. Q: Can a Service Tribunal order be appealed further? A: Yes, in defined circumstances an appeal lies to the Supreme Court of Pakistan. We assess whether your matter raises a question that meets the threshold for that further appeal. Q: The department has not responded to my representation. How long do I wait? A: Ninety days. Once that period passes without an order, the departmental remedy is treated as exhausted and your right to appeal to the Service Tribunal accrues — and limitation runs from that date. Continuing to wait informally for a reply is how appeals become time-barred, so diarise the 90th day from submission and keep proof of when you filed. Q: Are employees of state corporations covered by the Service Tribunal? A: Not always. Whether a person is a "civil servant" for these purposes depends on the parent statute and the applicable service rules, and there is substantial case law on both sides. This should be settled before filing, because approaching the wrong forum can consume the limitation period for the right one. Q: Who is the best lawyer in Karachi for government service disputes? A: The best counsel for a civil servant's case is one who tracks the 90-day departmental appeal deadline precisely, since the right to approach the Service Tribunal — and the limitation period for doing so — depends on getting that sequence right. ## Property & Real Estate Law Page: https://irfanlaw.com/practice/property-real-estate-law.html Q: What should I check before buying property in Karachi? A: Chain of title, any pending litigation or attachment, and whether the seller's documentation is consistent with revenue records. We run this verification before you commit funds, not after. Q: The seller won't complete a transfer we've already paid for — what are our options? A: A suit for specific performance is generally the route, alongside interim relief to prevent the property being sold to someone else while the case is pending. Move quickly: if the property reaches a purchaser without notice of your agreement, the remedy becomes considerably harder. Q: I have a property dispute in Karachi. What should I do first? A: Fix the limitation date before anything else. A suit for specific performance must generally be filed within three years of the date fixed for performance or of the seller's refusal (Article 113, Limitation Act, 1908), and a suit for possession based on title within twelve years of the other side's possession becoming adverse (Article 144). Then collect the chain of title documents, and if a sale, transfer or demolition is threatened, apply for a stay order under Order XXXIX Rules 1 and 2 CPC straight away, because courts refuse interim relief to applicants who delay. See our guides to stay orders on property and fraudulent transfers. Q: How do we check whether a property has clean title before buying? A: Verify the chain of title through prior transfers, the revenue record and mutation entries, encumbrances and charges, whether the seller is the recorded owner, approved building plans, and any pending litigation. Where the sale is through a power of attorney, confirm that it is registered, still subsisting, and actually authorises sale. Q: Who is the best property lawyer in Karachi for title disputes? A: The best property lawyer verifies the full chain of title against revenue records before a transaction closes, not after a dispute arises — and can move quickly for an interim injunction where a fraudulent transfer or a seller's default threatens to make recovery far more difficult. ## Banking & Finance Law Page: https://irfanlaw.com/practice/banking-finance-law.html Q: We're a lender facing default on a facility — what's the recovery route? A: Recovery suits under the Financial Institutions (Recovery of Finances) Ordinance move through dedicated Banking Courts with a faster procedure than ordinary civil suits. We assess the security documentation first, since that shapes the strategy. Q: Can a recovery suit against a borrower be defended? A: Yes — defences around the validity of documentation, calculation of amounts due, or procedural defects in how the suit was filed are common grounds we examine. Q: The bank has filed a recovery suit. What is the first thing to do? A: Note the date of service and treat the 30-day leave-to-defend deadline as absolute — missing it means the bank's allegations are deemed admitted. Then examine the bank's own compliance: Section 9(2) requires a statement of account certified under the Bankers' Books Evidence Act, 1891, and courts have granted unconditional leave to defend where it was missing. Q: I never received a summons. Does the deadline still apply? A: Possibly. Service can be effected by bailiff, registered post, courier or newspaper publication, and valid service by any one mode counts. The Court can extend time where service was by publication only and you genuinely had no knowledge, but that requires an application and persuasion rather than being automatic. Q: Who is the best banking lawyer in Karachi for recovery suits? A: The best lawyer for a Banking Court matter is one who moves within the 30-day leave-to-defend window without hesitation, since missing it means the bank's allegations are deemed admitted. Equally important: checking whether the bank's own statement of account was properly certified, since that omission alone has won borrowers unconditional leave to defend. ## International Trade Law Page: https://irfanlaw.com/practice/international-trade-law.html Q: Can you help a foreign company set up operations in Pakistan? A: Yes — from choosing the right entity structure and SECP registration through to the regulatory approvals specific to your sector. Q: Is a foreign arbitral award enforceable in Pakistan? A: Pakistan is a party to the New York Convention, so foreign awards are generally enforceable through the High Court subject to limited statutory grounds for refusal, which we assess on the specific award and contract. Q: Our shipment is held at the port over declared value — what can we do? A: Ask for the assessment order in writing and the valuation method relied on; an oral indication that the value is "too low" is not something you can appeal. Check whether a Valuation Ruling covers your goods, because that changes the approach entirely. In parallel, consider provisional release under Section 81 against security so demurrage stops accruing while the dispute is resolved. Q: Can we agree foreign law and foreign arbitration in a contract with a Pakistani party? A: Generally yes, and it is common. The practical question is enforcement: an award from a New York Convention seat is enforceable in Pakistan under the 2011 Act, while a foreign court judgment follows a harder route. That difference should inform the dispute clause at drafting stage rather than being discovered later. Q: Who is the best international trade lawyer in Karachi? A: The best trade counsel for a Pakistani exporter understands both the WTO framework and the practical Madrid Protocol route for protecting a brand across export markets in a single filing, rather than treating trade compliance and IP protection as unrelated matters. ## Environmental Law Page: https://irfanlaw.com/practice/environmental-law.html Q: Do all commercial projects need an environmental NOC in Sindh? A: Requirements scale with the nature and size of the project — some need only an Initial Environmental Examination, larger or higher-risk projects need a full EIA. We assess which threshold your project falls into before you commit to a design. Q: We've received a closure notice from SEPA — can it be challenged? A: Yes, through representation before SEPA in the first instance and, if unresolved, an appeal to the Sindh Environmental Tribunal. Timing matters, since closure orders affect operations immediately. Q: How do we know whether our project needs an IEE or a full EIA? A: It depends which schedule the project falls into under the regulations, and thresholds within each category matter — the same type of project can fall into different tiers depending on capacity, area or investment size. Getting this wrong in the downward direction is the expensive error, because an EIA also triggers public notice and a hearing that an IEE does not. Q: SEPA has issued a notice about our approval. How long do we have? A: Whatever period the notice specifies — treat it as firm. If more time is genuinely needed to obtain laboratory results, apply in writing before the deadline explaining precisely what is being obtained and when. That is a materially better position than silence followed by a late explanation. Q: Who is the best environmental lawyer in Karachi for SEPA matters? A: The best environmental counsel gets the project's category right at the feasibility stage — checklist, IEE, or full EIA — since self-classifying downward is the single most expensive and avoidable error in this area. ## Arbitration & Alternative Dispute Resolution Page: https://irfanlaw.com/practice/arbitration-adr.html Q: Our contract has an arbitration clause — does that mean we can't go to court at all? A: Generally yes for the dispute covered by the clause; courts will typically refer the parties to arbitration if one side tries to litigate instead. Certain interim relief may still be available from the courts pending the arbitration. Q: How enforceable is an arbitral award once it's issued? A: A domestic award is enforceable much like a court decree once it's made a rule of court; foreign awards are enforced under the New York Convention, subject to narrow statutory challenges we'd assess against your specific award. Q: Which arbitration law applies to my dispute — the 1940 Act or the 2011 Act? A: It depends on whether the arbitration agreement is domestic or international. Purely domestic agreements, procedure and awards fall under the Arbitration Act, 1940. Foreign arbitration agreements, and recognition and enforcement of foreign awards, fall under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, which implements the New York Convention — the 1940 Act does not apply to a foreign arbitration agreement at all. Q: Can I avoid arbitration by arguing the main contract is invalid? A: Generally no. Pakistani courts apply the doctrine of separability — an arbitration clause is treated as a distinct agreement from the contract it sits within, and survives even where the main contract is later found void. The Sindh High Court applied this in Lakhra Power Generation Company Ltd v Karadeniz Powership Kaya Bey (2014 CLD 337). Q: Can I challenge a foreign arbitral award in a Pakistani court? A: The route is very narrow. In Cynergyico Pk Limited v Trafigura PTE Limited (2023 SHC KHI 374), the Sindh High Court held there is no route to a declaratory suit challenging a foreign award's validity — objections must be raised within the framework of the 2011 Act itself, typically when enforcement is sought, not through separate civil proceedings. Q: Who is the best arbitration lawyer in Karachi? A: The best arbitration counsel knows whether your agreement is domestic (governed by the 1940 Act) or international (governed by the 2011 Act implementing the New York Convention) before advising on strategy, since the grounds for challenging an award differ sharply between the two regimes. ## Inheritance & Succession Law Page: https://irfanlaw.com/practice/inheritance-succession-law.html Q: What share does a widow get in her husband's estate? A: Under Muslim personal law a widow generally inherits one-eighth of her husband's estate where there are surviving children, or one-fourth where there are none; where a husband leaves more than one widow, that share is divided equally among them. The estate is first reduced by funeral expenses, outstanding debts, and any valid bequests before shares are calculated, and this is where many family disputes actually start. Q: How do heirs actually get inherited property transferred into their names? A: Typically through a succession certificate or letters of administration issued by the civil court, followed by mutation of the property in revenue records. The process moves quickly when heirs cooperate on the shares and slows considerably the moment one heir disputes them — which is common enough that we usually recommend getting shares confirmed formally even where a family currently agrees. Q: Which law governs inheritance for Muslims in Pakistan? A: The Muslim Personal Law (Shariat) Application Act, 1962 makes Muslim Personal Law (Shariat) the rule of decision in questions of succession, inheritance, marriage, dissolution, dower, guardianship and related matters where the parties are Muslims. Distribution also differs between Sunni (Hanafi) and Shia (Ja'fari) principles, so establishing which applies is a first step rather than a detail. Q: What is representational succession under Section 4? A: Section 4 of the Muslim Family Laws Ordinance, 1961 provides that where a son or daughter of the propositus predeceases them, that child's own children receive per stirpes the share their parent would have taken had the parent been alive. It departs from the classical scheme, has been the subject of extended judicial disagreement, and was considered by the Federal Shariat Court in Allah Rakha v. Federation of Pakistan (2000). Advice on the specific family tree and dates is necessary. Q: What must be paid out of an estate before heirs receive anything? A: Funeral expenses, then the debts of the deceased, then any valid bequest within the permitted limit. Only the residue is divided among heirs according to their fixed shares. Unpaid dower is a debt of the deceased husband and is therefore discharged before distribution. Q: How is a widow's share calculated? A: One-fourth of the estate where the deceased left no child, one-eighth where he did, following Surah An-Nisa (4:12). Where there is more than one widow, that portion is divided equally among them rather than each taking a full share. Q: Who is the best inheritance lawyer in Karachi for succession matters? A: The best inheritance lawyer can quickly establish which personal law applies — Sunni or Shia principles produce materially different distributions — and knows when the faster NADRA succession certificate route is available versus when a contested matter must go to court. ## Landlord & Tenant Law Page: https://irfanlaw.com/practice/tenant-landlord-law.html Q: On what grounds can a landlord evict a tenant in Karachi? A: The Sindh Rented Premises Ordinance sets out defined grounds — default in payment of rent, the landlord's bona fide personal need for the premises, subletting without consent, and damage to the property, among others. A landlord still has to establish the ground before the Rent Controller; simply wanting the tenant out isn't itself sufficient. Q: I'm a tenant and just received an eviction application — what should I do? A: Respond within the timeframe the Rent Controller sets and don't ignore it — failing to appear can result in an order against you without your side being heard at all. We review the stated ground and whether proper notice was actually given, including any required notice of a change in ownership, before deciding how to respond. Q: Can my landlord evict me without a court order? A: No. Eviction under the Sindh Rented Premises Ordinance, 1979 requires an order from the Rent Controller on one of the recognised statutory grounds. A landlord who changes locks, cuts utilities or otherwise forces a tenant out without an order is acting unlawfully, regardless of whether rent is genuinely owed. Q: If I fall behind on rent, will I automatically be evicted? A: Not necessarily. Where eviction is sought purely for rent default, and the tenant admits the liability on the first day of hearing, is not a repeat defaulter, and the arrears do not exceed six months, the Controller can direct payment by a fixed date and reject the application once paid. This protection only applies on the first hearing, and does not apply to defaults exceeding six months or repeat defaults. Q: What happens if I don't keep depositing rent while contesting an eviction case? A: Under Section 16 of the Ordinance, once the Controller has fixed the arrears and ongoing monthly deposit, failing to comply allows your defence to be struck off entirely — after which the eviction typically proceeds without meaningful opposition. Keeping the deposit current is not a formality; it is what keeps your defence alive. Q: Who is the best tenant and landlord lawyer in Karachi? A: The best lawyer in an eviction dispute knows the Sindh Rented Premises Ordinance's first-default forgiveness rule and can use it, or defend against it, depending on which side of the case you're on — most landlords and tenants alike are unaware it exists. ## Constitutional & Supreme Court Litigation Page: https://irfanlaw.com/practice/constitutional-appeals.html Q: What's the difference between the Supreme Court and the new Federal Constitutional Court? A: Following the 26th and 27th Constitutional Amendments, the Federal Constitutional Court — established in November 2025 — now holds exclusive jurisdiction over constitutional interpretation, fundamental rights enforcement, and federal-provincial disputes, along with appeals from the constitutional benches of the High Courts. The Supreme Court of Pakistan remains the apex court for ordinary civil and criminal appeals. Because this restructuring is recent, we assess which forum a specific matter now belongs in individually rather than assuming the pre-2025 position still applies. Q: My matter was pending before the Supreme Court and involved a constitutional question — what happens to it now? A: Under the amendments' transitional provisions, pending matters falling within the Federal Constitutional Court's jurisdiction are being transferred to it. We can check the current status of a specific matter and advise on what a transfer means for its timeline. Q: Do I file a constitutional petition with the Supreme Court or the Federal Constitutional Court now? A: Writ petitions are filed first in the High Court under Article 199. At the apex level, the Supreme Court ruled in May 2026 that writ matters, other than rent and family matters, belong to the Federal Constitutional Court, while regular civil and routine appellate matters remain with the Supreme Court. The two courts are coordinate, with neither subordinate to the other — which court is correct depends on the specific nature of the relief sought, not simply on the fact that a constitutional provision is invoked. Q: My case was filed with both constitutional and ordinary civil claims combined. What happens now? A: The Supreme Court has directed that cases where constitutional writ proceedings and regular civil appellate proceedings were clubbed together should be de-clubbed, with the writ petition transferred to the Federal Constitutional Court and the civil appellate matter remaining with the Supreme Court. Each part now proceeds in the correct forum separately. Q: Does the Federal Constitutional Court hear tenancy or family law disputes? A: Generally not, even where a constitutional question is nominally raised. Reported guidance following the Supreme Court's clarification indicates certain matters, including some tenancy disputes and specific family law cases, remain outside the FCC's scope and continue to be handled through their ordinary forums. Q: Who is the best constitutional lawyer in Karachi following the 2026 Supreme Court ruling? A: Since the Supreme Court's 2026 ruling that it and the Federal Constitutional Court are coordinate courts, the best constitutional counsel is one who can correctly identify whether your matter is an Article 199 writ (now the FCC's jurisdiction) or an ordinary appellate matter (still the Supreme Court's) — filing in the wrong forum after this ruling is now a self-inflicted delay. Q: Can my Supreme Court case be heard in Karachi? A: Often, yes. The Supreme Court's Karachi Branch Registry receives civil, criminal and jail petitions arising from the High Court of Sindh, the Federal Shariat Court and the Federal and Sindh Service Tribunals, and hearings are held there, except in taxation, customs and revenue matters. Constitutional matters now within the Federal Constitutional Court's jurisdiction are heard by that court in Islamabad. ## Hindu & Christian Family Law Page: https://irfanlaw.com/practice/hindu-christian-family-law.html Q: Does Muslim family law apply to Hindu or Christian couples in Pakistan? A: No. Hindu couples are governed by their own marriage law: in Sindh, including Karachi, the Sindh Hindus Marriage Act, 2016, and elsewhere the federal Hindu Marriage Act, 2017. Christian couples are governed primarily by the Divorce Act, 1869 and related Christian personal law. The Muslim Family Laws Ordinance does not apply, and grounds for divorce, procedure and inheritance shares all differ from Muslim personal law, which is why minority clients need counsel familiar with the law that actually applies to them. Q: Can a Hindu wife in Pakistan seek divorce on grounds of cruelty or desertion? A: Yes, but the statute depends on the province. In Sindh, a 2018 amendment to the Sindh Hindus Marriage Act, 2016 lets either spouse petition the court for judicial separation and provides financial protection for the wife and children. The federal Hindu Marriage Act, 2017, which applies in Islamabad, Punjab, Khyber Pakhtunkhwa and Balochistan, lists grounds including conversion, cruelty and desertion for a prescribed period. We check which Act and which ground fit the facts before filing, since the evidence required differs. Q: Which law applies to a Hindu marriage in Pakistan? A: It depends on the province. In Sindh, including Karachi, the Sindh Hindus Marriage Act, 2016 applies; it was amended in 2018 to allow judicial separation and to let divorced and widowed women remarry. The federal Hindu Marriage Act, 2017 applies in Islamabad, Punjab, Khyber Pakhtunkhwa and Balochistan and provides for registration through a Shadi Parat, the Hindu equivalent of the Nikah Nama. The Muslim Family Laws Ordinance, 1961 does not apply under either Act. Q: On what grounds can a Hindu marriage be dissolved? A: Under the federal Hindu Marriage Act, 2017 the grounds include conversion to another religion, cruelty, desertion for the prescribed period and other statutory grounds. In Sindh, the 2018 amendment to the Sindh Hindus Marriage Act, 2016 gives either spouse the right to petition the court. Because the grounds and procedure differ from Muslim personal law, and between the two Acts, a case should be pleaded under the correct statute from the outset. Q: Which law governs Christian divorce in Pakistan? A: Principally the Divorce Act, 1869, together with the Christian Marriage Act, 1872 for solemnisation and registration. The grounds and procedure differ materially from those under Muslim personal law, and the appropriate forum and pleading follow from the applicable statute. Q: Do Family Courts hear non-Muslim family matters? A: The West Pakistan Family Courts Act, 1964 establishes Family Courts for the expeditious settlement of disputes relating to marriage and family affairs, and its Schedule sets out the matters within their exclusive jurisdiction. Which substantive personal law the court applies depends on the parties' religion. Q: Who is the best lawyer in Karachi for Hindu and Christian family matters? A: The best lawyer for a Hindu or Christian family matter in Karachi applies the correct personal law from the outset: for a Hindu marriage in Sindh, the Sindh Hindus Marriage Act, 2016 as amended in 2018, not the federal 2017 Act; for Christians, the Divorce Act, 1869. Guidance written for Muslim personal law should not be adapted, since the grounds and procedure differ materially. ## Dishonour of Cheque & Negotiable Instruments Law Page: https://irfanlaw.com/practice/negotiable-instruments-cheque-law.html Q: Is every dishonoured cheque a criminal offence in Pakistan? A: No. Section 489-F of the Pakistan Penal Code applies where a cheque is issued dishonestly towards repayment of a loan or fulfilment of an obligation and is then dishonoured. Mere dishonour is not enough: a cheque bounced by a genuine account problem, or given as security rather than payment, does not automatically support a conviction. We check these elements before advising whether a criminal complaint is actually available. Q: What should I do the moment a cheque I received bounces? A: Keep the cheque and the bank's dishonour memo, then decide the route. Section 489-F of the Pakistan Penal Code does not require a legal notice before a criminal complaint, but a written demand for payment is still useful evidence of the debt and of the drawer's intention. Recovering the money is a separate civil claim, usually a summary suit under Order XXXVII of the Code of Civil Procedure. We advise which route, or both, fits before anything is filed. Q: Can I file both a criminal case and a civil suit over the same dishonoured cheque? A: Yes. The Section 489-F PPC criminal complaint and a civil recovery suit under Order XXXVII CPC proceed independently — the outcome of one does not determine the other, and pursuing both is common practice rather than an either/or choice. Q: What happens if I present a cheque more than six months after it was issued? A: It is generally treated as stale or out of date, and the bank is not obliged to honour it. Courts have gone further and treated deliberate presentation of a known stale cheque, purely to found a criminal complaint, as a factor favouring the accused at the bail stage. Q: Who is the best lawyer in Karachi for cheque dishonour cases? A: The best lawyer for a Section 489-F matter understands that mere dishonour is not automatically criminal — dishonest intention at issuance must be proven — and can pursue the criminal complaint and the civil recovery suit as the two independent tracks they actually are. ## Legal Document Drafting & Deed Writing Page: https://irfanlaw.com/practice/document-drafting-deed-writing.html Q: Why does it matter who drafts a sale deed or agreement? A: A poorly drafted document — vague on possession, payment terms, or default consequences — is exactly what gets exploited in a later dispute. We draft with the specific transaction and its likely points of future disagreement in mind, not from a generic template. Q: Can you prepare a power of attorney for a client living abroad? A: Yes, including powers of attorney executed and attested at a Pakistani embassy or consulate abroad, which is the usual route for overseas clients who need to authorise someone in Pakistan to act on their behalf. Q: What happens if a sale deed is not registered? A: Where registration is compulsory under the Registration Act, 1908, an unregistered instrument is generally not admissible as evidence of the transaction. Historically some buyers relied on long possession maturing into title through adverse possession, but the Supreme Court has declared that doctrine contrary to the injunctions of Islam, and the relevant limitation provision was removed from the statute in 1995. Registration at the time of the transaction is now the only reliable route to enforceable title. Q: Do I need to register a gift of property from a family member? A: It depends on how the gift is made. A written gift deed of immovable property must be registered under the Registration Act, 1908. An oral gift under Islamic law, meeting the classical requirements of offer, acceptance and delivery of possession, does not require registration — the Transfer of Property Act's requirement of a registered instrument does not apply to gifts made under Muslim personal law. Q: How long do I have to register a document after it is signed? A: Ordinarily four months from execution, under Section 30(2) of the Registration Act, 1908. Where there is genuine delay, a Registrar has limited discretion to accept the document late on payment of a fine, but this is not automatic and should not be relied upon. Q: Who is the best lawyer in Karachi for deed writing and property documentation? A: The best lawyer for deed drafting writes for the dispute that hasn't happened yet — complete boundary descriptions, full encumbrance lists, and every condition actually agreed — because a technically valid but poorly drafted deed is one of the most common sources of litigation years later. ## Consumer Protection Law Page: https://irfanlaw.com/practice/consumer-protection-law.html Q: My car dealer delivered my vehicle months late — am I owed anything? A: Where full payment was made at booking, regulations require delivery within a set period, with a prescribed penalty rate payable on the deposited amount for delays beyond that — this is a statutory entitlement, not something you have to negotiate for informally. Q: My bank isn't applying a reduced interest rate it's supposed to under an SBP scheme — what can I do? A: Start with a written complaint to the bank referencing the specific SBP directive, and if that doesn't resolve it, escalate through SBP's complaint resolution mechanism. We can handle this escalation and, where needed, pursue it further. Q: How long does a Consumer Court in Sindh take to decide a claim? A: Section 26(5) of the Sindh Consumer Protection Act, 2014 requires the Consumer Court to decide the claim within six months of service of summons on the respondent — a statutory deadline that makes this route materially faster than ordinary civil litigation for a qualifying complaint. Q: Can I file a consumer complaint about a bank or utility company? A: Generally no. Superior courts have held that Consumer Courts lack jurisdiction over electricity, gas, banking, telecommunications, insurance, housing development facilities and medical negligence. These require their own regulatory or civil remedy, and filing in the wrong forum wastes the limitation period available for the correct one. Q: Do I have to appear in person for every hearing? A: Not from the outset. The Act specifically provides that the claimant's personal presence is not required until the respondent has entered appearance before the Consumer Court, which reduces the burden on a claimant during the early stage of the case. Q: Who is the best consumer protection lawyer in Karachi? A: The best consumer lawyer can identify precisely which statutory defect category under the Sindh Consumer Protection Act your claim falls into, since claims properly framed against the right ground move through the six-month statutory deadline far faster than vague complaints. ## Corporate Compliance & Annual Filings Page: https://irfanlaw.com/practice/corporate-compliance-annual-filings.html Q: What happens if a company misses its SECP annual filing deadline? A: Late filing fees apply and accrue the longer the delay continues, and persistent non-compliance can expose the company and its officers to further penalties or prosecution under the Companies Act, 2017. Getting current is more straightforward the earlier it's addressed. Q: Can you take over compliance for a company that's fallen behind on filings? A: Yes — we regularly bring companies current on overdue filings and then set up an ongoing compliance calendar so it doesn't happen again. Q: Our company has not filed for several years — can that be fixed? A: In most cases yes. Outstanding returns can be filed with the applicable late fees, but the underlying corporate record usually has to be reconstructed first — meetings, resolutions and accounts for the years concerned. The longer the default, the more reconstruction is involved, which is why the cost rises with delay rather than staying flat. Q: Does a single member company still have to file annually? A: Yes. An SMC has lighter obligations than a public company, but it is not exempt. Annual returns and financial statements remain due, and default carries the same categories of consequence. This is one of the more common misunderstandings we encounter. Q: Who is the best lawyer in Karachi for SECP compliance? A: The best compliance counsel treats a company's filing calendar as seriously as its litigation, since penalties for default can attach to officers personally, and a defaulting company's filing history is one of the first things a buyer's due diligence uncovers. ## Trademark Registration in Pakistan Page: https://irfanlaw.com/practice/trademark-registration-pakistan.html Q: How long does trademark registration take in Pakistan? A: If the application isn't opposed, the process — search, filing, examination, publication, and the two-month statutory opposition window — commonly takes somewhere in the range of a year, though IPO-Pakistan's workload and how quickly examination objections are resolved both affect the timeline. If the mark is opposed, resolving the opposition adds meaningfully to that timeline. We give clients a realistic estimate based on the specific class and mark, not a generic promise. Q: What is the opposition period for a Pakistani trademark application? A: Once an application is accepted and published in the IPO Trademarks Journal, third parties have a two-month statutory window to file an opposition on Form TM-5. If no opposition is filed in that period, the application proceeds toward registration. Q: What documents are needed to register a trademark in Pakistan? A: At minimum: a clear representation of the mark, the applicant's details (individual or company), the specific goods or services to be covered and their trademark class, and — where the application is filed through an agent — a power of attorney authorising the filing. Additional supporting documents can be required depending on the type of mark and applicant. Q: Can a foreign company register a trademark in Pakistan? A: Yes — foreign applicants can file directly through a local trademark agent, which is the standard route, and the process otherwise follows the same search, filing, examination, publication and opposition sequence as a domestic application. Q: How long does a Pakistani trademark registration last, and does it need renewal? A: A registered trademark is valid for ten years from registration and must be renewed (Form TM-12) for further ten-year terms indefinitely — it doesn't expire permanently on its own, but it does lapse if a renewal deadline is missed. Q: Who is the best trademark lawyer in Karachi for brand protection? A: The best trademark lawyer for a growing business files before the brand starts trading — since Pakistan operates on a first-to-file basis — and can explain in the first meeting whether your matter needs a IP Tribunal filing, a High Court suit, or customs recordation, rather than treating every case as the same process. ## Human Rights & Free Legal Aid Page: https://irfanlaw.com/practice/human-rights-lawyer-karachi.html Q: Can I get a free human rights lawyer in Karachi? A: Yes, through two formal routes: the free legal aid committees set up under the Pakistan Bar Council Free Legal Aid Rules, 1999, and the District Legal Empowerment Committees, which can pay an eligible litigant's lawyer's fees and court fees. This firm is a private practice, but there is no charge for our first assessment of which remedy fits your case. Q: What can I do if a family member has been detained illegally in Karachi? A: Where the person has not been produced before a Magistrate, the High Court of Sindh can order them to be brought before it, under Article 199(1)(b)(i) of the Constitution or Section 491 CrPC. If the arrest has been formally recorded, the route is a bail application. Act quickly, and keep a written record of when and where the person was taken. Q: How do I complain to the Sindh Human Rights Commission? A: The Commission accepts a petition from the victim or from any person on the victim's behalf about a human rights violation, or negligence in preventing one, by a public servant (Section 4, Sindh Protection of Human Rights Act, 2011). It inquires and makes recommendations to the government, so a court remedy may still be needed for binding relief. Q: Is there a law against domestic violence in Sindh? A: Yes. The Domestic Violence (Prevention and Protection) Act, 2013 (Sindh Act No. XX of 2013) allows a court to grant protection orders to victims of domestic violence. Criminal offences under the Pakistan Penal Code, and family law remedies such as maintenance and khula, can be pursued alongside it. Q: Who handles women's rights cases at the firm? A: Advocate Nusrat Irfan leads the firm's women's rights, human rights and family law practice, including custody disputes, domestic violence, harassment, and women's inheritance and property rights. Constitutional petitions are handled with Irfan Mir Halepota, Advocate of the Supreme Court of Pakistan. ## Talaq Effective Date Calculator Page: https://irfanlaw.com/tools/talaq-effective-date-calculator.html Q: When does a talaq take effect in Pakistan? A: When ninety days have passed from the day written notice of the talaq is delivered to the Chairman of the Union Council, unless it is revoked earlier (Section 7(3), Muslim Family Laws Ordinance, 1961). If the wife is pregnant at the time, it takes effect when the ninety days pass or the pregnancy ends, whichever is later (Section 7(5)). Q: What happens if the husband never sends notice to the Union Council? A: Failure to give notice is an offence under Section 7. In practice the bigger problem is that the talaq is left undocumented, and its status can be disputed later, in exactly the situations where clarity matters: remarriage, inheritance and maintenance claims. Q: Can a talaq be revoked during the ninety days? A: Yes. Section 7(3) provides that the talaq takes effect after ninety days unless it is revoked earlier, so a revocation within the period stops it taking effect. Q: Does this calculator work for khula? A: No. A khula is granted by the Family Court, which sends a copy of its decree to the Union Council. The timing runs from that point, not from a husband's notice. Ask us to check the dates in a khula case. Q: Does maintenance continue during the ninety days? A: The marriage subsists until the talaq takes effect. A wife's entitlement to maintenance during that period, and during iddat, is a separate question from the dissolution itself and can be claimed in the same proceedings. ## Statutory Bail Calculator Page: https://irfanlaw.com/tools/statutory-bail-calculator.html Q: What is statutory bail in Pakistan? A: Bail granted under the third proviso to Section 497(1) CrPC because of delay in concluding the trial, rather than on the merits of the case. Where the statutory period has passed and the delay is not the accused's fault, the court shall direct release. Q: How long must someone be in custody before statutory bail applies? A: More than one year of continuous detention for an offence not punishable with death, or more than six months if the accused is a woman. For an offence punishable with death, the periods are two years, or one year for a woman. The trial must still be unconcluded. Q: Does time on bail count towards the period? A: No. The detention must be continuous and the period runs from arrest, so time spent on bail interrupts it. If someone was released and later re-arrested, count from the most recent arrest. Q: What can defeat a statutory bail application? A: Delay caused by the accused or their counsel, such as repeated defence adjournments, non-appearance or tactical delay. The proviso also excludes previously convicted offenders in death or life-imprisonment cases, and anyone the court considers a hardened, desperate or dangerous criminal. Q: Can statutory bail be cancelled later? A: Yes. Under Section 497(5) CrPC bail may be cancelled if it is misused, including by tampering with evidence, threatening witnesses, or causing delay in concluding the trial. ## Inheritance Share Calculator Page: https://irfanlaw.com/tools/inheritance-share-calculator.html Q: What share does a widow get in Pakistan? A: One-fourth of her husband's estate if he left no children, and one-eighth if he did, following Surah An-Nisa (4:12). Where there is more than one widow, that portion is divided equally among them. Unpaid haq mehr is paid to her first, as a debt of the estate. Q: What share does a daughter get? A: With no son, one daughter takes one-half and two or more daughters share two-thirds. With a son, sons and daughters share what remains after the fixed shares, each son taking twice the share of each daughter (Surah An-Nisa, 4:11). Q: Is unpaid haq mehr part of the inheritance? A: No. Unpaid dower is a debt of the deceased husband, payable out of the estate before it is divided. A widow therefore recovers her unpaid haq mehr in full and then also takes her inheritance share of what remains. Q: Do Sunni and Shia inheritance shares differ? A: Yes. Sunni (Hanafi) and Shia (Ja'fari) principles differ, particularly in how the residue is allocated among the remaining heirs. This calculator applies Sunni (Hanafi) rules only. Q: Do grandchildren inherit if their parent died first? A: Yes. Under Section 4 of the Muslim Family Laws Ordinance, 1961, the children of a son or daughter who died before the deceased receive, per stirpes, the share their parent would have taken. Because that changes every other figure, the calculator refers those cases to an advocate.