The search for a clean property is undeniably a hectic process that brings various issues into play. Since the process of buying and selling a property revolves around key stakeholders like buyers, sellers, landlords, and governmental authorities, therefore it is a crucial process to follow. At the same time, it is also important to search for a property that would not trigger any issues in the future or lead you to verbal confrontation on petty issues. It is a fact that it is quite natural to have disputes over the property but the magnitude of this dispute matters a lot.
Primarily, in Pakistan, such disputes are a routine business where a simple argument could lead to havoc even among brothers. Thus, there is a need to understand and avoid such contentions by following a legal way to keep yourself safe in any type of property you purchase.
Some common property controversies are as follows:
1. Disputes Related to Inherited Property
Much of the disputes in Pakistan occur when the inherited property is sold by a seller without having sufficient rights over that particular property. The buyer, therefore has to be careful in such a property where the property is inherited by someone and the seller is ‘Khata Shareek’ with his/her other siblings or relatives.
On the other hand, there is also a need to check relevant documents to ascertain whether the seller has a procedural record of ownership.
Things to Check
A careful check of the proof of inheritance is necessary.
It is also important to cross check the type of heir whether he/she has legally acquired the property from parents/grandparents.
The chronological transfer of property also needs to be checked whether it has been transferred following a legal channel under land revenue act or not.
2. The Title of the Property
The title of any immovable property is an important aspect of a purchase. A noob in property purchase could have followed all the procedures to make the deal safe but often a times the title of property remains outdated and the buyer doesn’t know its importance to update it in to his name. Without the change in title of property it doesn’t establish your ownership rights over it.
Things to Check
It is important to have a visit to land record office and get the mutation done in your name.
A Patwari or Tehsildar would also provide further details regarding the ownership of property and applicable taxes as well.
Further authentication of documents would also be made possible and it would also allow you to have a legal title over the property in your name.
3. Property Transferred by Will
Every human being has to die leaving his movable and immovable belongings in this world. Such a scenario also leads to conflicts when a property is attained by will has legal loopholes in it. In our country, people use to transfer their properties via verbal will after a period of time in their lives. Since law doesn’t rely on verbal agreements as it has no value in legal proceedings, therefore, it get problematic when you buy a property from a seller who acquired it through verbal will.
The buyer hence is advised to be enough conscious because it often involves siblings of the seller and other family members.
Things to Check
This concern is quite easy to satisfy, the buyer just need to ask for a valid written will fulfilling all the legal provisions.
The will needs to be registered with revenue officer or relevant department which would only be considered valid and effective then.
4. Tax/Government dues Defaulter
Every property lies in jurisdiction of some overarching authority that deals its every affair. It could be municipal authority, cantonment board, or district council. These authorities collects property taxes, maintenance fee and such other dues that if not paid overtime could hinder a possible deal of property. The buyer therefore must visit the authority office and clarify any issue that makes the seller defaulter.
Things to Check
Tax payment slips must be checked at time of the deal to avoid any future disputes.
Obtain a copy of all the tax slips and other payments that could be furnished in case of any query in the future.
Stamp paper at the time of the deal must include this provision, making the seller responsible for any previous tax negligence.
5. Ownership over Property
In real estate market of Pakistan, ownership of the property usually remains disputed due to a number of factors. The conflict arises when any particular property has combined possession and their ownership rights are not divided. Additionally, weak demarcation of property’s boundary also bring number of issues that resultantly ceases the deal between buyer and seller.
Things to Check
The buyer therefore has to take an extra leap and ensure the property he is purchasing is free of dual ownerships and the boundaries of the property are clearly demarcated and updated in land record.
If the property is shared among different owners then the buyer needs to vigilantly draft the contract, purely stating the responsibilities on the seller.
General Precautions
Apart from aforementioned major disagreements that lead to property disputes, following are some major outlined safety measures, that every buyer must follow:
- When the buyer pays a hefty amount in exchange of any property he also needs to stalk and unearth things that might remain Any damage in property, defect in the construction, legal issues with the neighbors, corroded structure are some examples in this regard that demand serious attention before finalizing any deal.
- It is always advised by ProProperty to adopt a slow and steady approach while purchasing any property. Giving time to negotiations and activation of convincing communication channels would let the buyer know a lot about property. Furthermore, this technique also builds trust in each other which could result in satisfactory financial flexibility.
- Legal matters always steer real estate affairs and it is usually difficult for a layman to comprehend the calculated meaning behind any particular clause. It is always convenient to hire a lawyer to cross check every minor legal aspect before buying any property. Lawyers can help you take a better decision and might save you from any risk associated with the purchase of controversial properties.
- The title of property, mutation document or title deeds, sale deed and its provisions, details in registry if any, litigation cases in court, tax deposit slips and other documents justifying the possession demands careful attention before concluding any deal or finalizing the amount against any property
- Buying a land, Plot or ready-made property is a tricky business and the real estate world is full of ambiguities and confusions. Although, these issues are not enough problematic, if careful attention is given to all the aforementioned precautions. Buying a property is not a tough job but verifying its legal picture must be more of a concern, since the future of your ownership is dependent on all these factors which would determine your property; whether to be an asset or liability.
