Legal Question in Real Estate Law in Pakistan
I am Asim from Johar town- Lahore. i saw your profile on internet & decided to contact you.
i hope you handle the type of case ,which i have , will narrate below. its basically a property dispute between Father & Son.
Actually , we have a 5-marla house ,double story which is disputed now between me & my Father & whose fate needs decision now. We are 5 member family. Father,Mother ,2 sisters & me. Both Sisters & me are married.
Few years back, Father & me ,purchased a land in Lahore to build a family house, & as i was away from city for job, the land was purchased on my father's name, with the contribution of both my Father input 60% & mine 40% at that time. After land purchase, the construction of whole double story was built 100% with my finances. as father was retired.
At the time of my sister marriage later some years then, i offered to pay/return that 60% of father input or some more so that no dispute later arises in land also between family & things go smooth. but since father was retired ,could not afford marriage expenses , so sisters decided not to take cash from me on the basis of property but, rather cash should be spent on sister marriage & they will give in writing that after the smooth marriage ,they will understand that there would be no extra amount to be received from me on property basis & they will not take any share then on property. it was agreed with the family & Father/mother amicability.
All went fine thereafter , but now as the time passed. Father some how changed the mind & wanted to tell me different options, based on since the property is on his name.
1- Either he will name the property to my sisters (based on their sympathy toward them, since they live close to them, have their children needs in front of them (our house one portion is rented & i do not have children yet ) , sisters kept good interaction with Father/mother meanwhile & these last years ,most of months ,i remained away from city due to my job & father /mother do not like perhaps my wife or for what ever family reasons you may understand)
he says if sisters do not agree to take house ( since they have aggrement with me not to take share in this house bulit by brother & later spendings on sister marriage ) then father said he will name property to their childrens.
2- when i remind him of understanding between family & made argument with him - he says he will Aaaq me & sell the house with the purpose of giving cash to sisters, or some keeping with him & give my share ( means what i spent on sister marriage ) Although i understand there is no Aaaq nama system in islam as well as in pakistan law.
Now my point is , if a house is built on my finance of 8 years + the father input at the time of buying property also returned later by me at the time of sister marriage. then can he sell the house ??? since just because property is on his name. Is it Legal ,what pakistan Law says about it, since i DO NOT want the house to be sold made after lots of efforts . i only want them to keep the house being parents ,with out creating dispute with me -OR- Transfer the house on my name other wise, when i come to know his above two intentions recently.
I need to seek your expert advise on this issue & to later if u agreed & recommend ,then file a case in court on our behalf , on seller & dealer if any time father practically try to sell the house.
i have all the record of previous 7-8 years of sending money in father account for house building purpose that would be sufficient to prove that the construction was financed by me + marriage expence detail etc
i will greatly appreciate your initial reply & response in order to proceed further.
Pl let me know for any further detail & will appreciate your positive feed back soon.
Regards
Asim
Email: [email protected]
1 Answer from Attorneys
who has time to go through such a voluminous preposition. precise it..
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