Hi I need some advice my dad has a property in azad Kashmir but his passed away and so has my mother I have 3 siblings 2sisters and 1 brother my brother is trying to put the house on his name without giving sisters share is ther anything I can do about that?
1 Like
After the death of a parent the heirs/siblings need to lodge a footnama (statement ) on a stamp paper along with a death certificate with the local land revenue office where your fathers house is located and this footnama should contain a list of all the heirs of the deceased person. After this footnama is lodged the deceased persons heirs are added with the local patwari office or in some areas on land records computer database thus allowing transfer of ownership and/or sale of the property. Your brother cannot transfer the house in his name unless he has lied on the foot nama which is a criminal offence. The only way of finding out before it is too late is to visit the local land revenue office (patwari) and find out if this has happened but you will need to take your fathers details (CNIC) and also have some property details with you. Do not leave it too long otherwise he may be able to sell the property and you will have to go to court and Pakistani court affairs are notoriously corrupt and long drawn affairs. Your chances are improved if the property is not sold and you can get a stay order from the court banning its sale if you sure and can prove that the footnama is incorrect and your are also heirs of the deceased person. You will need to engage a competent lawyver to do this. This can be a very messy/dangerous affair and I would personally advise you to get some mutual family friends involved and settle this issue before getting to the court stage as relationships can turn very sour in these circumstances. Best of luck.
This Zameen article has some usefull information on documents required
1 Like
Thankyou for the advice
Hire a Sasta sa lawyer. Go to court and take stay order with all the information written on a paper…
nobody would be allowed to sell the property
Does anyone know any good property lawyer(solicitor) in mirpur azad Kashmir
You could consult a local district attorney about this kind of issue. Perhaps you can visit one but I don’t know how much their service is going to cost. This issue is often dependent on local laws so asking strangers online could only go so far.
You can file " Tarka" law suit under personal Islamic Laws…