Can anyone please guid eme regarding legal importance of bayana?
If the seller did not transfer the house, or change his mind and did not even return your money then what options the buyer have?
Do court help?
Do court transfer?
I mean what is legal importance of bayanh and how you can use it later to get house of payment?
Bayana is not a set law but its a mutual understanding between 2 parties. Going to court for the recovery of your bayana is a long and a hectic process. The best thing is to discuss with him and come to an arrangement.
The law and the court system in Pakistan is one of the worst.
I wish you all the best.
Technically he should (or the seller should ) return twice the amount of bayanah.
But avoid any deal any bayanah till you see and verify everything. Bhaley 5 din ooper laga jayeein.
saaf suthri deal kero....is haath sey do aur doosrey haath sey lo...aur jab bhi deal kero tou at least 3 - 4 gawah rakho. And always check the original papers and ask for ID card..and then verify yourself..
jahan bhi thora sa khatka parey..back gear lagao.
aur suno....talk to him and ask him to return your money..yaad rako ye pakistan key ghatya awam hein...kisi per trust nahi kero..
Do you have a written record of the bayana, usually on a stamp paper.
Some people mention when giving bayana in stamp paper that in terms of violation the defaulter will pay double of the bayana amount while some write once bayana is given only transfer of plot or house will take place and nothing else.
In the later the seller is bound to sell even if he refuses and if matter is taken to court then the matter will be in the favor of the buyer.
Also signature are not enough. Must and Must take thumb impression as well. It is because signatures can be forged by thumb impression cannot.
Also you can verify that you made the bayana payment through your bank statement if you have given a PO or a cross cheque.
You don't have a choice but to go to court if the seller is not paying back your bayana. But HT is right an out of court settlement is better because these bloody lawyers will take the max. Juice out of you.
JIS MULK MEIN RENT MATTERS BHI SUPREME COURT MEIN JATEN HON US MULK KI JUDICIARY KA TO ALLAH HI HAFIZ.
But if you have no written record of bayana payment and on top you paid in cash then it maybe a problem.
Dear Arshad,
Its really feel helpless when you are abroad and your parents are also old and ill.
Yes, its written Bayanah with thumb impression and statement that he will pay double and court has right to interven in buyer favor.
But do court help within one or two years?
and thanks a lot for the answer.
Dear Asim
Good question. The worst case scenario (as far as i know) are land disputes in Pakistan. They usually take a very long time to get settled esp. Patwari registry cases.
But things can get cleared within 1-2 years. All it depends upon the agreement you entered into i.e. The clauses within.
Usually i have seen rent matters (evacuation of tenant) may take 6-7 years in Islamabad but also within 1-2 years matters are settled depends upon the strength of the case.
Second first the dispute goes to LOWER court, then DISTRICT court, then HIGH court and finally SUPREME court.
But if the LOWER and DISTRICT court pass the same judgement in the favor of one party then the dispute cannot to taken to high court through appeal. But this happens if your case is strong and documentation is complete.
Regarding your case it is better to first consult a lawyer (civil) and that a supreme lawyer. Just pay a very small amount for consultation only regarding your case. Supreme case lawyers have good reputations and do not give misleading opinions. Through this you can know where you stand and are you in a position to pursue court. Consulting 2-3 such lawyers is preferable.
Rest if the matter can be settled with that party it is much better.
Patwari told us that the the seller has not done transfer( Intikal) on his name.
1) Does that make my legal case weak? I have photocopy of the registry of the seller with me(attachd with byanah)
Please guide.
2)
My father visited patwari with photocopy of the registry of the seller but patwari asked to bring original owenr and original registry to get information. So this way is not applicable.
I am checking the photocopy of registry. Is there any indication on registry that intikal is done on this owner name?
Any stamp?
I can see the following things(marks) at back of the registry
Stamp of dafter khzana lahore
A note writeen (intikal fee =500)
A stamp of saddar treasurer
A stamp of an advocate stating that the owner presented in his court etc
A stamp with subject 'conditional'
Please guide
Please answer categorically for clarity .
Thanks in advance.
I think seniors have explained well in their posts.
I would say that maximum through court you can get double of the bayanah you have paid, which you have mutually agreed through agreement as stated above.
So, now it depends upon the amount of bayanah you have paid, to decide about going to court or not.
I would also suggest for settlement outside court.
Regards
NO. I am requesting you to guide me about my question no.2 above.
Any one please answer above quation no.2
Can anyone please answer above my quration no.2
that is how to determine intikal status from registry copy?
Brother, This is Pakistan. I am an experienced person. Once you give money never expect to get it back, ILLA MAASHAALLAH.
You are talking about Bayana. People telling you of stamp paper, thumb impression, 3/4 witnesse etc. As penalty some are talking double refund or transfer of property . Forget everything whatever documents you have and whatever witnesses you hve, once you have problem, you will never get anything. Here lives the noble people and they don't have mercy, pity, sympathy and they don't honor horal, religious or lregal liabilities. Pakistan zindabad.
Here as regards property selling, specially buying through property agents, you have to go through a law of jungle. No property dealer is ready to let a buyer meet the seller directly:
-they prepare false sale deed with false signature of seller.
-Try to grab handsome bayanah/advance to trap the buyer.
One should always give a very minimum possible bayanah. Try to meet the buyer face to face. Sale deed should have witness from both the buyer and seller with thumb impression.
Price should be agreed after checking the market rate.
Zameen.com is the best and authentic source and provides up to date and the latest market rates.
Is the plot in seller name or he is legal owner and you verified it?
You see if you go into litigation, keep in mind his property will also be stuck and you can obtain stay on it. Just imagine if the case is pending in court for 5-7 years, the seller is also stuck and he can't sell this land. You can file case carefully so it's not purely for bayanna return but for buying property and state that you want to buy at the agreed rate and any delay in legal process is due to seller and hence you should get it at same rate 5 years later.
Imagine with only bayanna amount the seller got his property stuck for whatever time court takes and if properly persued, you will get a much expensive property 5 years later at current market rate.
Ideally don't take this route but tell seller if he want to enter this game, he will suffer as apparently your documentation seems well in place.
Brother with Bayana property got stuck (you say). Even if if if the property got stuck, the bird is in the hands of owner but the buyer who paid Bayana, what he has just a piece of paper and to prove its authenticity he has to take a lawyer which will cost him minimum Rs.10-20 thousand and then court proceedings for several years.
Who says property got stuck, this is law in the book. I am one of the victims. Inspite of stay the owner sold the property. Here everything is possible. Pray to Allah Almighty to protect you from "EVILS" of shiateen and Haramee people. If once you are stuck none can save you, neither Law nor lawyer, nor court.
Keep your eyes open. Do yr work asking Allah almighty help and wisely, do mushwara with trust worthy peoples and don' pay money until you take original document in your hands.
Can anyone please answer if INTIKAl process has any mark or stamp on original registry?
“INTEQAL” transfer has just a number, endorsed on top of the first page of Registry endorsed by he authority (without any signature or stamp) in addition there is a receipt of Inteqal charges.
Still, I could not trace it.
Below is link of the top side of the registry photocopy. Can you please check and tell me which number is intikal number?
Thanks in advance.
Brother Mohammed, I tried to open the link but its not opening. If you send it to me on my email: mian_q@hotmail.com. Otherwise if you have any state agent near you, just show him and he will ssist you.