I reside out of pakistan and my old father lives in lahore.
Through a property dealer, my father paid token a very fastly. Then he given bayanah within few days in hastiness. He is old and ill person and despite my suggestion, he did not ask seller for "fard' and did not saw original documents of property.
My father asked the seller asked the seller to bring original registry during bayanha time but he did not bring.
My father call him every otehr day since that bayanah time, but seller says he has forgotten where he put his registry and he will show the registry once he found it.
The photo copy of registry is attached with bayanah documents that we got from seller.
I asked my father to take this photocopy and go to patwar to check if that real and there is no loan on it.Patwari originally refused to tell this and asked my father to bring owner if he wants that information. Then patware told that this property is name of previous seller(from whom our seller bought). Either the patwari is giving wrong information to avoid us or our seller has not done the intiqal process. 1)what can be the real situation. Looking at back side of photocopy of that registry, i found that written 'intikal fee 500 rupees" which gives me hint that intikal is already done. There is a stamp named 'treasure' and ahle commission on back of registry photo copy.
As i am out of country and my father is ill person so i am helpless to evalaute the situation.
Why buyer is not showing the original registry. Its hard to digest that he cant find where he placed. 2) what can be the possible reasons?
3) how i evaluate that intikal is done on that person name who is seeling us?
Since my fahter is ill and i have no one to visit patware again and again
Can anyone here help me evalaute the situation?
4)under what circumstances a seller might not have his registry?
Jazakallah
Get your money back.
Dekho. Sayeein her us deal sey manah kertey hein jahan clear na ho.
is haath sey do us haath sey lo.
Pakistan mein log bohut fraudeye hein. Kisi per trust nahi kero. Agar koi ye kahey key "mujh per trust nahi"? tou moun pey kaho Nahi hey trust.
Jab tak saaf suthri deal na ho...tab tak apni mehnat ki kamai ko dao pey mat lagao.
Dear Asim there can be three possible reasons:
he really misplaced the document or
he changed his intention of selling and want you to ask for money back - in this case there is always time limit mentioned on bayana document for transfer of registry please refer to that.
Third case is he might have or want to sale to someone else.
You should find someone influential in his area or his relative and involve him to solve this situation.
Generally aik sharif admi es tarah nahi karta unless wo aik fraudi ho and if he is fraudi and knows about your family situation then he will try to take advantage to swallow the bayana.
You should seek help of a third person to intervene and solve for you and avoid stressing your father for running after that person, paisa ani jan cheez hai insan ki sehat or zindagi important hai os ka khayal ziada zaroori hai.
If your father made a written deal then matter is different.
You can go court and get stay order just with little help of lawyer. The owner can't sell till matter is not solved with you.
You can wait, when owner sell it to other person, but agreement with you first then your right comes first and court will order in your favour. You hv to prove that they hv received bayàna I.e bank transaction or receipt or eshtam paper.
But if it is all verbal, then u are on weak end. Try as Imran khan mentioned. Some influential man , dealer involved or some body else (some thing better then no thing, got my point!)
File a application in near by police station or FIA for fraud.
They are gaining time with lame excuses.
Patwari will give you right information only when you give him some money or use influence.
But don't stress parents any way as Imran SB mentioned.
In case he really has lost the registry, then is it easy for him to make a new copy again? Will it affect me or three month period as agreed in BHyanah?
Yes he(owner) can get the copy of registry which is I believe always available in Cantt. Board office or registrar at kachehri.
You can also check mutation of house in cantt. Board. As the dealer is involved in this deal, you should ask him to finalize it.
I see that all the usual things are not checked in this deal, original registry/name on bills/fard, which shows that your family is really excited to buy this house.
the validity time for fard is 15-30 days as i remember so people get it just before transfer but he can provide an old copy of fard.
Get your money back cancel deal , may be dealer only playing and seller know nothing , always meet real seller and buyer which i learned . Patwari info not need when seller ready fro transfer . Meet seller real one
He attached a photocopy of his registry with Our Byanah....
Does that make situation trustable?
Dear Muhammad Asim,
I think this dealer is look like topi drama so tell him to give back your money.
Regards
Don't take any chance, here is pakistan we don't have proper law and justice system why you want to take a risk ?
i am sure you guys are taking risk because you are getting property at low rate .. (if something is selling on low rate) don't take it as advantage unless you are 100% clear that its fraud free, so please i suggest you to get complete confirmation first then go for a deal .. Else you will be a looser with no way out
Asim sb, if someone is going to sale his property then he has to at least take a look on his original documents to get ready for sale.
Either he is buying time or either his money requirement is fulfilled and now he is just delaying with wrong intentions.
You must talk to the dealer to convey your message to the owner to get a clear answer.
If there is still time left according to the bayana deed then just wait for some more time and then take action for getting money back.
How much ur father paid? and did they shifted to new placed?
My father paid 10 lakhs and we have to pay more 58 lakhs after 2.5 months from now(during transfer).
I have photocopy of the rrgistry and I wonder if I can verify the intikal(transfer) from the photopy back side?is there any cluse or stamps to know this?
I could not understand what you mean by new placed?
Oh then u must take some leave go find some elders of area and talk to them, let your father do rest in this age.
Revert the deal, go back on the transaction, for any transaction make sure first that it’s transparent and only then proceed with it
Dear All,
I need help with the following questions. I request to give me point wise answers as I am new in property, I am expat(living in Dubai) and trapped in problematic people.
- We have passed the above three months. The date for transfer of house has passed. Now, house owne revealed that he has lost his property registry documents. He attached photocopy of the documents with affidavit of Bayanah previously.
HE advised that we can give brine to cleric and get FARD on photocopy also. This way we can proveed further for transfer of property. What could be possible future problems in adopting this way? MAy be he gien took loan from some person and given his the documents and later it creates problems for us? Please help with the answer.
The second problem is with house possession. HE given the house to some one on reant for three years written agreement. The family is not leaving the house as they have written agreement. The owner is proposing us to take possession of one storey and let that family live in the other storey. What could be the possible future problems for adopting this path..
The situation seem getting worse fo the above two reasons. It seem that I would have to move to court. I have written affidavit that says that either owner will give two times of money or give house within three months. Three months passed anf looking at the problems, I feel that he cant give even in next six months.How much expense It might cost me to move to court?
What court will do possibly? Can court stop sales of house to another person?
5.How much time the court might possibly take to decide?
6.How court force some house owner to follow his written agreement?
Do court has authority to get the house transfer if the owner dont agree?
As I am out of Pakistan and my father is very old to fight case. I can pay one visit for three days a month(including weekend). Is this enough to face court issues.
I live in ol city(ravi road). Can you please recommend some good laywer?
Please advise and answer my all questions above. The situation is getting worse and the owner is just fooling us as he feels we cant do anything and he can jsut hae our money with him as long as he wants.
Anyone please answer above point wise.thanks
Dear All,
After a long struggle, my family has got the house. I just visited Pakistan for 2-3 days for final signing etc.
The story of acquisition of the house is horrible. I take this as a learning opportunity provided by GOD. I believe this tough acquisition will be a first step towards a long achievement journey.
Since I learned from this forum so as a thank you note, I would like to list all the lessons learned so that other people save themselves from Scammers.
Never make decision in hurry. The seller will make you feel that there are many other buyers and you might skip checking liabilities of house( like checking how many years of rent agreement with current possessors)
Never think that seller signed Bayanah document can be filed in court and Law will get you money back. In my case, the seller even threatened to back off the Byanah after six months. In a fear to lose the Byanah money, we paid 2 million more without taking possession and getting registry. We had no choice.
No one will help you in tough time. If you involve your old friends or powerful people, they may support the scammer seller so has more power than you.
We paid Bayanh at start of March and we fulfilled all legal process including signs, stamps, thumb impressions and witnesses. It was a rented house and After three months, the owner had three eyars rent written agreement with the tenant. Tenant refused to empty the house. Seller pressurized us to pay him more 4 million and get registry completed. Remaining 2 million can be paid during take over. Since there was already a dispute of tenant with seller so we refused. Then in present of so called powerful friends (of us) he said he do not want to sell house and Byanah money will be paid back in instalments. My parents paid 2 million more to make him happy. So we paid half of house money in six months, without getting registry and possession. By grace of GOD, we got house but my old parents spend so long time in tension and uncertainty.
I was determined to do the same with the seller. The terrible tensions that my father faced, I can’t forget. The seller got convinced and I paid him through cheques which I wanted to hold for 7 months by withdrawing money from account. My GOD fearing and religious father strictly dismissed the idea.
The above story is a lesson learnt for me as well as for other members. I am thankful to all for guidance.
Regards,
Asim