Due Diligence Exercise : Opinion After Examination of Land Registry Documents in Pakistan

Inheritance Matters and Property Due Diligence for a party of Pakistani Citizens in Italy:

Land Registry Documents Analysis

Summary of Opinion

Introduction:

In this final opinion document, we provide a comprehensive analysis of the land registry documents pertaining to a property in Pakistan owned by our client’s family. The property is currently in the name of the Revenue Department, Punjab, and the land’s possession is with a caretaker. Our research reveals the historical context of the property’s allotment and the ongoing dispute before the Lahore High Court. We also discuss potential options for our client to reclaim their land and address the need to identify the true owners of the property.

Land Registry Documents Analysis:

The land registry documents, marked as Annexure A and B, provide valuable insights into the ownership of the property. Annex A shows that the land titles are held by two individuals, X, son of BK, and X, daughter of BK. On the other hand, Annex B details the land title in the name of the Revenue Department, Government of Punjab, with the current caretaker being XYZ son. The land is currently under the contract of cultivation with the Government of Punjab, which manages all financial matters. However, it is important to note that the case regarding the title of the land is still pending before the Lahore High Court.

Historical Background:

The property in question was originally allotted to families who migrated from India during the Partition of 1947. These families claimed the lands in Pakistan to compensate for the titles they had to abandon in India. In the 1960s, a dispute arose, leading the Revenue Department to reclaim lands from some individuals, resulting in litigation. The case eventually came before the Revenue Commissioner, who referred it to the collector of the revenue department. As a consequence, all lands involved in the dispute, including the subject property, were confiscated by the collector.

Present Situation:

Surprisingly, there is no mention of our client’s land in the main case, and they have not been made parties to the ongoing dispute. Our suggestion is that our client should request the court to allow them to become parties to the case to increase their chances of reclaiming the land at an earlier stage. While some local lawyers and officials have assured our client that their land is safe and independent of the case’s outcome, we find it perplexing that the Revenue Department confiscated the land without any reference to the main case.

Way Forward:

It is essential to understand that land disputes in Pakistan are notorious for being time-consuming and challenging to resolve. We recommend that our client considers two potential courses of action:

1. Become Party to the Main Case: We can assist our client in becoming parties to the main case and requesting the court to treat their matter separately from other disputed lands. This may prompt the revenue authorities to hand over the land to its original owners.
2. Consider Selling the Land: Alternatively, we can help our client in disposing of the land currently registered in their names. We will facilitate finding suitable buyers and handle all legal formalities for the transfer.

Conclusion:

The property due diligence conducted on behalf of our clients in Italy reveals a complex situation involving the Revenue Department and the ongoing dispute before the Lahore High Court. While there are potential avenues to reclaim the land, the process might be lengthy and challenging. Our legal team is ready to assist our clients in either pursuing the matter further or exploring the option of selling the land. We remain at our client’s disposal to address any further queries and provide necessary guidance throughout the process.

Based on the information provided above, Josh and Mak International can offer a range of legal services to overseas Pakistani parties for Inheritance Matters and Property Due Diligence, as well as Land Registry Documents Analysis.

These legal services include:

1. Inheritance Matters:
   • Probate and Estate Administration: Assisting clients in obtaining probate or letters of administration to administer the estate of the deceased in Pakistan.
   • Inheritance Disputes: Representing clients in cases of inheritance disputes, including contested wills and claims over property rights.
   • Inheritance Tax Planning: Providing guidance on inheritance tax laws and strategies to minimize tax liabilities on inherited assets.
2. Property Due Diligence:
   • Title Verification: Conducting thorough investigations to verify property ownership, ensuring that there are no liens, encumbrances, or disputes over the property.
   • Legal Compliance Check: Ensuring that the property complies with all local laws and regulations, including zoning and building codes.
   • Property Assessment: Evaluating the property’s value, potential risks, and investment opportunities.
3. Land Registry Documents Analysis:
   • Document Review: Analyzing land registry documents and other relevant records to understand the property’s ownership history and any ongoing disputes or litigations.
   • Case Evaluation: Assessing the implications of ongoing cases or disputes related to the property and advising clients on their legal standing and potential courses of action.
   • Party Representation: Assisting clients in becoming parties to relevant land disputes and representing their interests before the appropriate courts or authorities.
4. Legal Advisory Services:
   • Legal Consultations: Providing legal advice and consultations to overseas Pakistani clients on various matters related to inheritance and property issues in Pakistan.
   • Drafting Legal Documents: Preparing necessary legal documents, including affidavits, power of attorneys, and agreements, to facilitate property transactions or resolve inheritance matters.
   • Negotiation and Mediation: Engaging in negotiations or mediation processes to resolve property disputes amicably, whenever possible.
5. Transaction Support:
   • Property Transactions: Assisting clients in buying, selling, or transferring property in Pakistan, including conducting due diligence and handling the necessary documentation.
   • Property Management: Providing property management services to oversee and protect the interests of overseas clients with properties in Pakistan.
6. Litigation and Dispute Resolution:
   • Court Representation: Representing clients in litigation related to inheritance and property matters, including hearings and appeals.
   • Alternative Dispute Resolution: Exploring alternative dispute resolution methods, such as arbitration or mediation, to resolve conflicts outside the courtroom.

Josh and Mak International, with their expertise in Pakistani laws and regulations, can be a valuable partner for overseas Pakistani parties seeking legal assistance for inheritance and property matters in Pakistan. Their comprehensive services can help clients navigate the complexities of the legal system and safeguard their interests effectively.