Legal Question in Real Estate Law in Pakistan
A reference was moved u/s 30 of Land Acquisition Act and the President Tribunal, Land Acquisition LDA did announced award for khasra no. 974, 975 in the name of Amjad Butt in 1960. Amjad Butt however had sold Khasra No. 974,975 and 976 prior to the award in 1958. The present owner is located in Khasra No. 976 (measuring 16 Marla), so how can he ask the Tribunal to amend award and incorportate his name in award register.
LDA howevr states that Amjad Butt had area awarded in Kharsa No. 976 measuring 8 Marla only.
Please help me with these:
1. If Khasra No. 976 was not in the original reference and no mention of the Khasra is in the order/decree sheet, then who is the owner of the Khasra? LDA states that he is the owner but of only 8 Marlas, I dont know where they get this record, as they say that the record is too old and is not read-able.
2. Can LDA ask the present owner to get the award for the Khasra No. 976 which was not in the original award, but was sold to the present owner.
3. If Amjad Butt has sold area in excess, then will the award be of 8 Marla according to LDA records, then what will the present owner have to do to get ownership of the rest of 8 Marlas?
4. If Amjad Butt had sold area in 1958 and the award was announced in 1960, what does that mean, will there be an amendment in the award(if it has been made) or will the award have no worth since he had sold earlier. What will the present owner have to do?
Please reply as soon as possible.
Thank you
1 Answer from Attorneys
If the land is sold in 1958 and intiqal of same happened, then the new owner has rights on the award.. [email protected]
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