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Tag: Property

  • The Illegal dispossession Act, 2005

    The Illegal dispossession Act, 2005

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

    It is hereby enacted as follows:-
    1. Short title, extent and commencement.—(1) This Act may be called the illegal Dispossession Act, 2005

    (2) It extends to the whole of Pakistan.
    (3) It shall come into force at once.

    2. Definitions.— In this Act, unless there is anything repugnant in the subject or context:-
    (a) “Court” means the court of Session;
    (b) “Code” Means the Code of Criminal Procedure, 1898 (Act V of 1898)
    (c) “Occupier” means the person who is in lawful possession of a property;
    (d) “Owner” means the person actually owns the property at the time of his dispossession, otherwise than through a process of law, and
    (e) “Property” means immovable property.

    3. Prevention of illegal possession of property, etc.—(1) No one shall enter into or upon any property to dispossess, grab, control of occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property.
    (2) Whoever contravenes the provisions of the sub-section (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provisions of section 544 of the Code.

    4. Cognizance of offence.— (1) Notwithstanding anything contained in the Code or any law for the time being in force, the contravention of section 3 shall be triable by the Court of Session on a complaint.
    (2) The offence under this Act shall be non-cognizable.
    (3) The Court at any stage of the proceedings may direct the police to arrest the accused.

    5. Investigation and procedure.—Upon a complaint the Court may direct the officer-in-charge of a police station to investigate and complete the investigation and forward the same within fifteen days to the Court.
    Provided that Court may extend the time within which such report is to be forwarded in case where good reasons are shown for not doing so within the time specified in this sub-section.
    (2) On taking cognizable of a case, the Court shall proceed with the trial from day to day and shall decide the case within sixty days and for any delay sufficient reasons shall be recorded.
    (3) The Court shall not adjourn the trial for any purpose unless such adjournment is in its opinion, necessary in the interest of justice and no adjournment shall in any case be granted for more than seven days.

    6. Power to attach property.—(1) If the Court is satisfied that none of the persons are in possession immediately before the commission of the offence; the Court may attach the property until final decision of the case.
    (2) In case of attachment, the methods of its management safeguard against natural decay or derioration shall be determined by the Court.

    7. Eviction and mode of recovery as an interim relief.—(1) If during trail the Court is satisfied that a person is found prima facie to be not in lawful possession, the Court shall as an interim relief direct him to put the power or occupier as the case may be, in possession.
    (2) Where the person against whom any such order is passed under sub-section (1) fails to comply with the same, the Court shall, notwithstanding any other law for the time being in force, take such steps and pass such order as may be necessary to put owner or occupier in possession.
    (3) The Court may authorize any official or officer to take possession for securing compliance with it orders under sub-section (1). The person so authorized may use or cause to be used such force as may be necessary.
    (4) If any person, authorized by the Court, under sub-section (3) requires police assistance in the exercise of his power under this Act, he may send a requisition to the officer-in-charge of a police station who shall on such requisition render such assistance as may be required.
    (5) The failure of the officer-in-charge of police station to render assistance under sub-section (4 shall amount to misconduct for which the court may direct departmental action against him.

    8. Delivery of possession of property to owner, etc.— (1) On conclusion of trail, if the Court finds that an owner or occupier of the property was illegally dispossessed or property was grabbed in contravention of section 3, the Court may, at any time of passing order under sub-section (2) of that section direct the accused or any person claiming through him for restoration of the possession of the property to the owner or , as the case may be, the occupier, if not already restored to him under section 7.
    (2) For the purpose of subsection (1), the Court may, where it is required, direct the officer-in-charge of the police station for such assistance as may be required for restoration of the possession of the property to the owner or as the case may be, the occupier.

    9. Application of Code.— Unless otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (v of 1898), shall apply to proceedings under this Act.

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    Irfan Mir Halepota, Advocate Supreme Court of Pakistan

  • Christian Divorce in Pakistan

    Christian divorce is regularized under Christian Divorce Act 1869. Under Christian law either party has no right to pronounce divorce upon other party like Muslim Family Law. Only court has power to declare the marriage null and void or grant judicial separation or dissolve the marriage between the spouses. Therefore, for dissolution of Marriage either party has to file the Civil Petition before the Civil Judge.
    Under section 10 of the Divorce Act 1869 husband may file petition for the dissolution of Marriage to the civil judge by filing civil petition praying that his marriage may be dissolve on the ground that his wife has since the solemnization thereof been guilty of adultery.
    And if wife want to dissolve her marriage she will also file the civil petition before civil judge praying that her marriage may be dissolve on the ground that his husband since the solemnization thereof exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with other woman.
    Or guilty of incestuous adultery
    Or bigamy with adultery
    Or marriage with another woman with adultery
    Or rap, sodomy or bestiality
    Or adultery coupled with such cruelty as without adultery would have entitled her to divorce a mensa et toro
    Or adultery coupled with desertion without reasonable excuse for two years or upward.
    Other way of separation is to declare the marriage null and void. The court can declare the marriage null and void under section 18 of the Divorce Act 1869. The grounds for nullity of marriage are mentioned in section 19 of the Divorce Act which is as under:-
    1. That the respondent was impotent at the time of marriage and at the time of institution of suit.
    2. That the parties are within the prohibited decrees of Consanguinity (whether natural or legal) or affinity.
    3. That either party was a lunatic or idiot at the time of marriage.
    4. That former husband or wife of either party was living at the time of marriage, and the marriage with such former husband or wife was then enforce.
    There are no other ground in law for the dissolution of Marriage or declaring the marriage null and void except the above.

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    Irfan Mir Halepota & Associates

    Karachi Office

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


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    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

  • Property Lawyer in Karachi

    Our Law Firm offers a fast and efficient service in the following areas of Property Law:

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

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

  • Succession Certificate in Pakistan, Succession Act Pakistan, Succession Laws in Pakistan

    When a person dies, Succession Certificateis required in order to transfer property of deceased person to his legal heirs such as bank accounts, insurance amount, stocks, bonds, Shares etc. Law of Succession or Succession Act governs the all procedure related with succession certificate.

    Application for succession certificate can be filed in the court in two ways.
    First way it that legal heir can file application in the court with the consent of other legal heirs. During preceding all legal heirs record their statements in favor of that one legal heir that they do not have any objection to the issuance of succession certificate to that one legal heir. Court in this scenario decided the application in favor of one legal heir who after wards distributes the property among other hairs.

    Second method to obtain succession certificate is that all legal heirs apply for succession certificate and court issue certificate to all of them according to their share.

    Now a very important question arises that in which court this application should be filed. It should be filed in the civil court of the area where decreed person was residing. If deceased person’s permanent residence is not clear or he used to live at different places then the application should be filed in court where property of deceased situated.

  • Heirship Certificate in Karachi Pakistan

    A Legal Heirship Certificate is used to determine heirship or inheritance of property in the absence of a will of a deceased person in many foreign jurisdictions. Legal Heirship Certificates are utilized in a situation where there is no dispute regarding succession of a decedent’s estate. If there is anyone who believes that he or she, too, is a legal heir, the Legal Heirship Certificate will be denied and the appropriate proceedings will be instituted before a court of law.
    Heirship Certificates are used during the probate process in Greece, Germany, India, Pakistan, Indonesia, and many other countries.

    This type of Heirship Certificate can be issued for the purpose of receiving owed Government payment to the heirs of the decedent and many other areas of inheritance. It is an informal, non-binding certificate and may be challenged in court if a dispute should arise as to heirship of the estate. When employing a Legal Heirship Certificate, the affiant should be certain there are no disputes between the parties who assert claims to the estate of the deceased.