Legal Question in Real Estate Law in Pakistan

Is the land being cultivated by a person in his possession (malkiyat or qabza). If he sells it and patwari writes in mutation document (intiqal) as sale from khana kasht, then can the inheritors claim their right after death of the seller. Is it must that the seller has malkiyat in the same khasra from which he is selling land or if he is living in some other khasra and possessing land (khana kasht) in some other khasra can sell it.


Asked on 5/23/12, 10:00 am

1 Answer from Attorneys
Salman Khan International Lawyer

There are different kinds of khana kasht lands.. Khana kasht basically consists of the name of tenants that cultivate land.. In some cases occupancy tenants hold the right to transfer their tenancy rights.. In such circumstances the original title of the land remains with the original owner.. That right can be exercised by the legal heirs of owners as well..

However when there is no title holder of a khana kasht land and the same comes in goshwara then its inteqal can be legal.. For more kindly email me the fresh fard of land if possible at [email protected] so that i can guide u rightly.

Regards,

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Answered on 5/23/12, 10:09 am


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