Legal Question in Real Estate Law in Pakistan

my inlaws gifted me a flat in gulistan e johar, karachi, pk. I rented it out till 2 years approx. Because of some personal problem i had to sale the flat 9 years back. After 9 years, the person who had purchased the property came to me and said that some other person is claiming the ownership of the flat. I asked my inlaws that whether there was some problem with the property? they told me that there was no conflict. well, i am in a state that, the person i sold is forcing me to pay lawyer's fee or any expanse incur on the case. i m financially hardup now a days. And that problem is very bothersome for my family. salient facts:

- flat was titled to my mother in law

- gifted to my wife in the year 1999.

- sold on sale agreement

- court case showed date of 13 years back

- no court letter or any evidence came while flat in my posession.

- purchaser took time in verifying status of property before full payment.

- now he comes and says that case was put before he purchased so i have to manage it.

- where do I stand? and what should I do?

Thanks


Asked on 9/08/10, 5:15 pm

2 Answers from Attorneys

As you said that flat was gifted to your wife by your mother in law, now tell me is this litigation is between the person who was the owner before your mother in law or both of the parties are strangers. call me with details during office hours , and only working days.

my cell is 0323-4638149.

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Answered on 9/09/10, 5:16 am
Salman Khan International Lawyer

There is a doctrine of 'Caviat Emptor' which means the buyer must be vigilant before purchasing. So you are discharged of half liability by this doctrine. Also if you have not concealed any material facts before selling the flat then you are not liable for things which were not under your knowledge and you sold in good faith. Instead of paying the person, tell him that he is now the owner and you have no concerns with litigation over it even if someone makes a claim of owning that flat from prepartition times. You can only be held liable if you are a party in the litigation. For more consult me at [email protected]

Regards,

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Answered on 9/09/10, 12:34 pm


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