Article 4 subsection 2 of the constitution of Islamic Republic of Pakistan provides that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. This article of the constitution provides protection to all citizens of Pakistan with regards to their property rights.
In such broader protection follow detailed legislation, which provides how such property is to be protected. Property law basically governs ownership in real property and or personal property. Real property is often categorized as immovable property and personal property relates to that which is moveable. So real estate like land would be real property and your car would be your personal property, which is moveable.
Let us consider some important areas of law with regards to protection of property.
The Transfer of Property Act, 1882
This law governs the ‘transfer of property’, which means an act by which a person is to convey property to one or more persons. The person can be a body corporate, it could be a transfer from one to many or to ones self. The transfer could be one, which is for present or for a future date. Property is broadly classified in two types mentioned above. A transfer of property effectively transfers all rights and obligations contained within such property and the transferee is then capable of subsequently passing such rights to another buyer. Every person who the law holds as competent to contract is competent to transfer property. Section 6 of Transfer of Property Act 1882 provides that any type of property can be transferred provided that the law allows the person holding property to transfer it. In other words the transferee is not barred by any condition precedent, which prohibits him/her from transferring such property.
So Transfer of Property Act 1882 is the main legislation dealing with transfer of property.
Land Revenue Act, 1967
It is law, which relates to making and maintenance of records of rights, the assessment and collection of land revenue and the appointment and function of revenue officers and other matters connected with the Land Revenue.
Stamp Act 1899
An act to provide authenticity to executed documents between parties. It provides a legal sanctity to such documents. Aims of the stamp Act also include that the government can increase their revenue by charging fee for stamps. The stamped document ensures that it holds evidentiary value, creation of rights, preventing fraud etc..
Registration Act 1908
This act provides for instances where registration of document is compulsory. For instance, instruments of gifts of immovable property, lease of immovable property, composition deed, any instrument relating to shares in a Joint Stock Company etc
Above is a brief synopsis of the laws, which relate to property. AskWakeel is proud to announce that it comprises those lawyers who are expert in property laws and they can appropriately address any queries you may have.
