When a person sells, purchase, rent out or acquire land by method of mortgage or lease it is only regulated by property laws in Pakistan. Property laws specify rights and relations of property with the owner of the land. There are many properties on earth, and if ownership isn’t clear, there will be anarchy.
According to Article 172, “Every citizen shall have the right to acquire, own, and deal with property in any part of Pakistan, subject to the provisions of this Constitution and any reasonable limits established by regulation in the interests of the public.”
Definition of property Laws:
The definitions of land and property laws are provided in the Pakistani Constitution. We’ll walk you through the different property laws in this post. Property Laws in Pakistan talk about two laws;
- Moveable property.
- immovable property.
Moveable property
“Instead of immovable property, the mobile property includes all types of property. The moving property includes standing trees, growing grass or crops, and fruit on trees.
Immovable property
“Land, structures, advantages received from land, and anything affixed to the land are all considered immovable property and deeply bonded to everything connected to the ground.
Who can own Land:
Article 23 states that In Pakistan, the question of land or property is provincial. The provinces have also created their own rules governing property ownership. Furthermore, provided they comply with the regulations, anyone—including foreigners—can own property In a portion of Pakistan, “every citizen shall enjoy the right to acquire, keep, and dispose of the property.”
Additionally, according to Article 172 of the Constitution;
the property is situated in a province, the government of that province will become the owner. Additionally, in all other situations, the Federal Government.
Relevant Laws:
The primary statute regulating Property Laws in Pakistan is the
- Transfer of Property Act of 1882
- The Land Revenue Act of 1967,
- The Registration Act of 1908, and this statute control the transfer of immovable property (land) in Pakistan. The processes required differ depending on whether the land to be transferred is “rural” or “urban.”
How to Become a Property Lawyer in Pakistan:
After LLB/JD Degree a lawyer has to choose a good field to practice for earning. There are various fields of practice for a lawyer in the legal field.
Must Read: Which is the best field for a lawyer to practice
Property Law Practice is a very vast field for a lawyer. When a student completes his Law degree and wants to continue his career in property law he should choose a good property lawyer senior as a boss with a good reputation in the property law field.
Property Law Practice in Pakistan:
The field of law regulating land use, purchase, and sale is known as Property Laws in Pakistan or property law. The law controls how individuals get property and what they may do with it once they have it.
Related Article: How to become an immigration lawyer in Pakistan
Good real estate lawyers provide customers with a wide variety of abilities and expertise essential to the business of the real estate sector, from the ground-up building project to the complex finance transaction.
Validlaws real estate group, a prominent practice in Property Laws, offers assistance to everyone engaged in the dynamic real estate industry, including buyers, sellers, developers, borrowers, and lenders.
The depth of our lawyers’ expertise in complicated transactions guarantees prompt, effective service to those customers involved in significant national real estate financing, development, and investment operations.
Our lawyers can put together teams for any possible real estate-related circumstance, including commercial and residential lawsuits, buyer-seller disputes, and property development issues, by drawing on the firm’s corporate, tax, and litigation practice areas.
Validlaws handle all types of property cases, such as the transfer of property by an agreement between the parties, the transfer of property (moveable or immovable, tangible or intangible), the sale, mortgage, lease, a charge of immovable property, the exchange, the gifting of property, accession, occupancy rights, vested interests, contingent interests, and conditional transfers, among others.
How to find a good property lawyer:
A real and good estate lawyer is a person qualified to handle legal matters associated with real estate transactions and to provide advice on pertinent real estate legislation.
The attorney’s primary role throughout the transaction process is to represent your interests, whether you’re a renter, seller, buyer, or lender. For instance, if you hire a real estate lawyer to assist you in purchasing a home, they will work to protect you from any potential liabilities associated with the property.
The primary duties of a real estate attorney include:
Property deal negotiations.
Real estate lawyers with experience may utilize their knowledge to negotiate for you a fair price for your ideal house with acceptable terms and circumstances. Experienced real estate attorneys handle property transactions every day.
Contract drafting and review
The attorney makes sure that the real estate contract, whether it be for a rental, mortgage, or purchase agreement, is valid legally and has all the required stipulations to safeguard your interests.
Making use of title searches.
When purchasing real estate, a title search is essential because it demonstrates that the seller is the rightful owner of the property and has the authority to transfer ownership to you.
In addition, the search will reveal if the property is subject to any liens, whether all property taxes have been paid, whether there are any outstanding issues with the property that may prevent you from acquiring ownership, and much more.
If a title search reveals an issue with a property that cannot be swiftly rectified, a real estate attorney may file a quiet title action. Anyone with a claim on the land is urged to come forward in a lawsuit known as a “silent title action” or risk having their rights suspended by a judge.
Drafting and reviewing title insurance policies.
A title search may overlook some liens or ownership issues on a piece of real estate. Title insurance will provide protection against any potential third-party claims that could arise after a real estate transaction closes.
settling property conflicts.
If you are engaged in a property dispute, the attorney may defend you by negotiating a resolution or, if litigation develops, by testifying on your side in court.
A real estate lawyer can also negotiate construction agreements, draft home association rules that outline what property owners can and cannot do with their properties, represent you in judicial foreclosure proceedings, draft and review lease and sublease agreements for both commercial and residential properties, and file a property change-of-use petition with the municipality on your behalf.
Field of expertise:
These are field of expertise for a good property lawyer;
| Land Revenue Act, 1967 | Â West Pakistan Land Revenue Act, 1967 |
| Transfer of Property Act, 1882 | Â Transfer of Property Act, 1882 |
| Registration Act, 1908 | Â Transfer of Property Act, 1882 |
| Local and Special Laws | A GUIDE ON LAND AND PROPERTY RIGHTS IN PAKISTAN (2012) |
