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PROPERTY LAWYERS IN PAKISTAN

Leading Property Lawyers in Pakistan – Ali Law Associates

Property law is the area of law that governs the various form of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon.

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Property rights and contractual rights

Property rights area unit rights over things enforceable against all different persons. in contrast, written agreement rights area unit rights enforceable against specific persons. Property rights might, however, arise from a contract; the 2 systems of rights overlap. In reference to the sale of land, as an example, 2 sets of legal relationships exist aboard one another: the written agreement right to sue for damages, and also the ownership exercisable over the land. a lot of minor property rights is also created by contract, as within the case of easements, covenants, and equitable servitudes.

A separate distinction is obvious wherever the rights granted area unit insufficiently substantial to confer on the non-owner a determinable interest or right within the factor. The clearest example of those rights is that the license. In general, albeit licenses area unit created by a binding contract, they are doing not make to property interests.

Property rights and personal rights

Property rights also are distinguished from personal rights. much all up to date societies acknowledge this basic metaphysics and moral distinction. within the past, teams lacking political power have typically been disqualified from the advantages of property. In Associate in Nursing extreme type, this has meant that individuals became "objects" of property. additional normally, marginalized teams are denied legal rights to possess property.

Classification

Property law is defined by an excellent deal of historical continuity and technical word. the essential distinction in common law systems is between realty (land) and private property.

Before the mid-19th century, the principles governing the devolution of realty and private property on Associate in Nursing intestacy were quite totally different. tho' this classification doesn't have a similar significance any longer, the excellence continues to be elementary attributable to the essential variations between the 2 classes. a clear example is that the proven fact that land is immoveable, and therefore the principles that govern its use should disagree. an extra reason for the excellence is that legislation is usually written using the normal word.

Before the mid-19th century, the principles governing the devolution of realty and private property on Associate in Nursing intestacy were quite totally different. tho' this classification doesn't have a similar significance any longer, the excellence continues to be elementary attributable to the essential variations between the 2 classes. a clear example is that the proven fact that land is immoveable, and therefore the principles that govern its use should disagree. an extra reason for the excellence is that legislation is usually written using the normal word.

Possession

The idea of possession developed from a system whose principal concern was to avoid civil disorder. the final principle is that someone in possession of land or merchandise, as a offender, is entitled to require action against anyone meddling with the possession unless the person meddling is in a position to demonstrate a superior right to try to to therefore.

Transfer of property

The most usual way of acquiring an interest in property is as the result of a consensual transaction with the previous owner, for example, a sale or a gift. Dispositions by will may also be regarded as consensual transactions, since the effect of a will is to provide for the distribution of the deceased person’s property to nominated beneficiaries. A person may also obtain an interest in property under a trust established for his or her benefit by the owner of the property.

It is also possible for property to pass from one person to another independently of the consent of the property owner. For example, this occurs when a person dies intestate, goes bankrupt, or has the property taken in execution of a court judgment.

Priority

Different parties could claim AN interest in a very property by mistake or fraud, with the claims being inconsistent of every different. as an example, the party making or transferring AN interest could have a legitimate title, however designedly or negligently creates many interests entirely or partly inconsistent with one another. A court resolves the dispute by adjudicating the priorities of the interests. however per the Indian property law it outline the ‘‘Transfer of property’’ means that AN act by that a living person conveys property, in gift or in future, to at least one or a lot of different living persons, or to himself and one or a lot of different living persons; and “to transfer property” is to perform such act. during this section “living person includes a corporation or association or body of people, whether or not incorporated or not, however nothing herein contained shall have an effect on any law for the nonce operative regarding transfer of property to or by corporations, associations or bodies of people.

Lease

Historically, leases served many purposes, and the regulation varied according to intended purposes and the economic conditions of the time. Leaseholds, for example, were mainly granted for agriculture until the late eighteenth century and early nineteenth century, when the growth of cities made the leasehold an important form of landholding in urban areas.

The modern law of landlord and tenant in common law jurisdictions retains the influence of the common law and, particularly, the laissez-faire philosophy that dominated the law of contract and the law of property in the 19th century. With the growth of consumerism, the law of consumer protection recognised that common law principles assuming equal bargaining power between parties may cause unfairness. Consequently, reformers have emphasised the need to assess residential tenancy laws in terms of protection they provide to tenants. Legislation to protect tenants is now common.

Law of Possession

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Intention to possess

An intention to possess is the other component of possession. All that is required is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a fact. Normally, it is proved by the acts of control and surrounding circumstances.

It is possible to intend to possess something without knowing that it exists. For example, if you intend to possess a suitcase, then you intend to possess its contents, even though you do not know what it contains. It is important to distinguish between the intention sufficient to obtain possession of a thing and the intention required to commit the crime of possessing something illegally, such as banned drugs, firearms or stolen goods. The intention to exclude others from the garage and its contents does not necessarily amount to the guilty mind of intending to possess stolen goods.

When people possess places to which the public has access, it may be difficult to know whether they intend to possess everything within those places. In such circumstances, some people make it clear that they do not want possession of the things brought there by the public. For example, it is not uncommon to see a sign above the coat rack in a restaurant which disclaims responsibility for items left there.

Importance of possession

Possession is one of the most important concepts in property law. In common law countries, possession is itself a property right. Absent evidence to the contrary, it provides evidence of ownership. Possession of a thing for long enough can become ownership. In the same way, the passage of time can bring to an end the owner’s right to recover possession of a thing.

In civil law countries, possession is not a right but a (legal) fact which enjoys certain protection by the law. It can provide evidence of ownership but it does not in itself satisfy the burden of proof. For example, ownership of a house is never proven by mere possession of a house. Possession is a factual state of exercising control over an object, whether owning the object or not. Only a legal (possessor has legal ground), bona fide (possessor does not know he has no right to possess) and regular possession (not acquired through force or by deceit) can become ownership over passage of time. A possessor enjoys certain judicial protection against third parties even if he is not the owner.

There may be varying degrees of rights to possession. For example, if you leave a book that belongs to you at a cafe and the waiter picks it up, you have lost possession. When you return to recover the book, even though the waiter has possession, you have a better right to possession and the book should be returned. This example demonstrates the distinction between ownership and possession: throughout the process you have not lost ownership of the book although you have lost possession at some point.

Obtaining possession

Possession requires both control and intention. It is obtained from the first moment that both those conditions exist simultaneously. Usually, intention precedes control, as when you see a coin on the ground and reach down to pick it up. Nevertheless, it is conceivable that a person might obtain control of a thing before forming the intention to possess it. If someone unknowingly sat on and therefore had control of a Rs.100 note on the seat of a train, he or she could obtain possession by becoming aware of the note and forming the intention to possess it. People can also intend to possess things left, without their knowledge, in spaces they control.

Possession can be obtained by a one-sided act by which factual control is established. This can take the form of apprehension (taking an object not in someone’s possession) or seizure (taking an object in someone’s possession). It can also be obtained.

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