Farhan Khaliq Anwer Advocate; The Lords International [Magazine of Law & Law Fields]

I can present several examples. Specially from Karachi. Where, people used to purchase, many years ago, property / houses through all legal means & with all legal documentation. And now the courts have ordered to demolish or seal, all those properties / houses as the same were illegal. Who is, to suffer for loss of hard earned money? Answer is PEOPLE. Every year, several cases, rose in courts, that the authorities had made appointments & the courts declared, all such appointm ents are illegal. Specially in one case, a person was appointed 5/6 years ago through public service commission and now he has lost his job as the same is decelerated in court as it was illegal. Who is, to suffer for loss of, Age 5-/6 years & money. Answer is PEOPLE..  Now in Naya Pakistan Scheme, if government takes money from people & after 5/6 years, the people remain deprived from taking possession of houses or after years, court declares it as the same was  illegal. Who is, to su...

Haq Shuffa / Right of premption: It is a right, which arises out from the sale of immovable property which belong to areas other than urban and cantonments, i.e., only in village. Like other rights, the right of pre-emption, has to be regarded in a two fold aspects, such as: (1) As a primary or inherent right. (2) As a secondary or remedial right. Primary right: The right to have an offer of an intended sale is inherent to the pre-emptive property and continuously attached with it and passes along-with it to transferees, assignees, legal representatives, and heirs. In other words, it is a right attached to the pre-emptive property and is inseparable from it. This right is capable of transfer by the transfer of the pre-emptive property. Secondary right: It does not vest in the property at the date of sale. Priority right: For the purpose of right of pre-emption claim, the claimant has to show his preferential right to acquire the property, as it is the first important con...