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Be Careful In Pakistan
INTRODUCTION
Suppose
you are traveling to Pakistan any time soon. In that case, this book will serve
as a powerful guide for you and if you would like to invest in properties and
real estate in Pakistan. This book is even more critical for you. In this book,
you will have access to all the methods used by a real estate agent to sell
illegal housing society plots to new visitors and residents of Pakistan.
There
are illegal activities everywhere globally, from third world countries to
significantly developed countries. If you are not vigilant and careful, you can
fall for any illegal scheme. Illegal Housing Society properties (Non CDA
Approved) sales are widespread in Pakistan, and this book is written primarily
for this purpose.
The
book is to help you understand the disadvantages of buying illegal properties
in Pakistan. The book will give you the insight into the laws and regulations
guiding the sales and purchase of properties in Pakistan. The role of CDA (capital development
authority) and the other government department ensure that buyers only buy CDA
approved properties.
You will
also have an insight into how these illegal Housing Society properties are
sold, and the documents involved in these activities. The importance of
registering properties with CDA and getting your refund if you live in Pakistan
or live abroad.
When you are
venturing into some new things, you most often need a handbook or a guide; this
book will serve as a handbook and guide for anyone interested in traveling to
Pakistan or investing in properties in Pakistan. The purpose is to give you
first-hand information and help the people of Pakistan fight for what is
right.
CDA is also
known as the Capital Development Authority, established by General Ayub Khan
(late) in the 1960s. CDA's main job is to ensure that the development of
Pakistan must be according to CDA approved residential schemes and to provide
basic needs to people of Pakistan like Water, electricity, Gas, and roads.
Still, some properties are illegal.
On a daily
basis, people of Pakistan are becoming victims of these properties through the
sponsor Housing Society offices, booking office of the housing society and real
estate offices. CDA law states that None CDA approved Properties (illegal) will
be refunded and their records (Property Registry) will not be saved in the CDA
record.
According to
The Islamabad Laws Book Sponsor of the Housing Scheme must acquire CDA approval
of his Housing society before the sale and marketing.
There are
two types of properties in Pakistan, and the two are listed below:
·
Approved by CDA and sold by housing society's office. And Sold by
Private Real Estate Offices.
·
Not approved by CDA and sold by Private Real Estate's Offices and
Housing Society offices.
CHAPTER ONE:
Advantage And Disadvantage
Of Illegal Property
Illegal Housing Society
properties are widespread in Pakistan. Without a careful understanding of the
system and how things work, you might fall into the trap of those selling such
Non CDA approved properties. The following are the disadvantages of buying Non
CDA approved properties. And also, the advantages you will enjoy when you buy a
CDA approved property.
Zero Or Minimum Profit:
Zero Profit
or minimum Profit implies that the non-CDA approved plots are violation of the
CDA. CDA order Sponsor of the Non CDA approved Housing Society or Non CDA
approved plot Seller to refund money of this kind of registry to their buyer.
The main cause of Zero Profit or minimum profit is due to Sponsor of the
Housing Society or seller of the plot do not like to write that in the registry
that at the time of return of an amount to the customer which is written on the
registry would be return with zero profit or minimum profit to Buyer.
Zero Sale To Other Customer:
Zero
Sale to Other Customer term implies that Sponsor of the Housing Society have no
CDA approval of his Housing Scheme. Because of this Sponsor of Housing
Society
or Seller do not have the permission to do sale and marketing activities to
customers. Furthermore, if he would like
to do that it will violate the CDA law and the Sponsor of the Housing Society
or seller would be facing a property refund court case from the buyer.
Zero Return Commission
Zero
Return Commission implies that the commission will not be return from the real
estate agent because it is not mentioned in the registry.
Frustration
Frustration
implies that the location where the illegal land is located is not registered
with the CDA due to the No CDA approval of the Housing Scheme doesn't have
fixed location. Due to No CDA approval Housing Scheme can be moved to other
place. This causes the customer to face Frustration while looking for land
after few months.
Conflicts
Conflict
implies Conflicts commonly occur between the real estate agent and the Buyer
due to no fixed location of the Illegal Housing Scheme after few months’ times.
The consequences that may come with it may takes both parties to Police
Station.
No Access To Customer Support
Real
estate agents who sell without CDA approval plot in Pakistan are not always
wellmannered with their customers. Real estate agent doesn’t take buyer to
attestation office even though they are the most important document and
compulsory to be present by both the real estate agent and buyer during the
transfer of property process at attestation office.
Lack Of Disclosure
No
Housing Society office nor Housing Society booking office officer of the
illegal housing society would like to share the actual information of the
location to the customers. Because its without CDA approval location map and
sponsor of the housing society is not allowed by CDA to do Sale and Marketing.
Late Appearance In The Court
Sponsor
of the Illegal Housing Society and Seller don’t want to appear soon in the
court if you file the case for property refund. Due to that your refund case
final decision takes longer time which can be from 1 to 2 years’ time.
Violation Of The CDA
If An
unapproved CDA housing plot been sold to customers by Sponsor Housing Society
office or Real
Estate
agent or Booking office of Housing Society or individual Seller is considered
as a violation of the CDA rules and regulations. If this occurs, buyer have to
file a court case to get his money returned.
Long Proceedings
In
Pakistan, the chances of your money being returned are low unless you file a
lawsuit against the offending parties. This would usually take around 2 to 3
years to settle.
Time Waster
The
illegal Housing Society plots are time waster, most of the time, as these plots
are not going to profit the customers. Besides, the records are not going to be
registered in the CDA files, which implies that customers will not be able to
construct a new house or shop on that plot. Otherwise, the CDA will demolish the
constructions immediately.
Years Long Of Refund Process
Refunds are most likely to be hold for years before it gets to the conclusion. Petty factor such as the absence of the defendants may have the Judge to refuse the court proceeding. Judge will postpone the case to next hearing date. Another factor such as the absence of the special attorney may also delay the proceeding.
Long Final Decision
Judges
in Pakistan often consider plots refund cases as the non-urgent case. Hence, it
would normally take them a very long time to make a decision because there are
too many urgent cases, non-Urgent cases usually take around 1 to 2 years.
Conflicts In The Police Station
Customers
would normally file a complaint to the police station when they found out that
the illegal housing society plots are not accurately located as they expected.
Complaints are commonly made after they have paid a sum of money, resulting in
a conflict outbreak in the police station.
No Assistance From Others
You should not expect other real estate companies to help you with your illegal housing society plot as it is considered a CDA violation.
Money Loss
Due to
unapproved CDA housing society plots will be refunded because it is a CDA law.
You can lose huge amount of money because you have made investment on the
previous exchange rate. New exchange rate often lower than the previous in
Pakistan.
Money Return Guarantee
Customers are guaranteed to have their money returned as long as they file a lawsuit against the illegal housing society plots parties. However, the record will not be registered by the CDA as the scheme was not approved in the first place.
Registered Under Government Record
CDA
approved societies are undisputed and registered under government record. There
plots record cannot be duplicate. CDA approved Premises will not be demolished
by the Government.
Huge Profit
Huge
Profit implies that the CDA approved housing society plots are not the
violation of the CDA. The main cause of huge profit is due to Sponsor of the
Housing Society have to work according to CDA instruction. CDA approved
societies are undisputed and registered under government record. Which
eventually improves the prices of the plots in the market.
Personal
experience: I have invested in year 2011 in, Islamabad. I bought a 4 Plots each
for 6 lacs Pak rupees, size:30x60, measure 200 Square yard. I kept them for 4
years’ time. Each plot gets me 28 Lacs Pak Rupees. From 18 lacs pal rupees
investment I gain a profit 84 Lacs Pak Rupees in 4 years’ Time. This is what
CDA approved plots are. That’s how CDA approved Housing
Society
plots can Change your life. CDA approved investment you will never going to
regret in your life.
Always
buy CDA approved Plots.
Easy Sale to Other Customer
Easy
Sale to Other Customer term implies that Sponsor of the Housing Society have
CDA approval of his Housing Scheme. Because of this Sponsor of Housing Society
or
Seller
do not have to wait for permission to do sale and marketing activities to
customers. Furthermore, if he would like
to do that it will not violate the CDA law and the Sponsor of the Housing
Society or seller would not be face property refund court case from the
buyer.
No Frustration
No
Frustration implies that the location where the legal land is located is
registered with the CDA due to the CDA approval of the Housing Scheme have
fixed location. Due to CDA approval Housing Scheme cannot be moved to another
place. This causes the customer to face No Frustration while looking for plot
after few months.
No Conflict
No
Conflict implies No Conflicts commonly occur between the real estate agent and
the Buyer due to fixed location of the legal Housing Scheme after few months’
times.
Because
it’s CDA approved Housing Society.
Excellent Customer Support
Real
estate agents who sell the CDA approval plot in Pakistan are always
well-mannered with their customers.
Exact Disclosure
Exact
Disclosure implies Housing Society office either Housing Society booking office
officer of the legal housing society would like to share the actual information
of the location to the customers. Because its CDA approved map and sponsor of
the housing society is allowed by CDA to do Sale and Marketing.
No CDA
Violation
If An
approved CDA housing plot been sold to customers by Sponsor Housing Society
office or Real Estate agent or Booking office of Housing Society or individual
Seller is considered as not a violation of the CDA rules and regulations. If
this occurs, buyer don’t have to file a court case to get his money
returned.
No Appearance In The Court
No
appearance in the court implies Sponsor of the legal Housing Society and Seller
don’t have to appear in the court. It’s a CDA approved housing society.
No Time Waster
No Time
Waster implies legal Housing Society plots are not time waster, as these plots
are going to profit the customers. Besides, the records are going to be
registered in the CDA files, which implies that customers will be able to
construct a new house or shop on that plot. And the CDA will not demolish the
constructions.
No Long Proceedings
No long
proceedings implies In Pakistan, Housing society is CDA approved you don’t have
to file a case in the court. CDA approved societies are authorized by the
Government. And it doesn’t require court proceedings.
No
Yearlong Refund Process
No
yearlong refund process implies you don’t need a court case to get refund. CDA
approved Housing societies doesn’t required court case. They approved and
registered with the government.
Long Final Decision
Long
final Decision implies CDA Approved housing societies doesn’t create conflict
between buyer and seller... You don’t have to visit the court.
No
Conflict In The Police Station
No
conflict in the police station implies Customers don’t have to file a complaint
to the police station because it’s legal housing society plots and they are
accurately located as they mention on the map.
Assistance
From Everyone
Assistance
from everyone implies You should expect other real estate companies to help you
with your legal housing society plot as it is considered a CDA approved.
No Money Loss
No Money
Loss implies Due to approved CDA housing society plots will not be refunded.
You will not lose huge amount of money because you have made investment on the
previous exchange rate. New exchange rate often lower than the previous in
Pakistan but Due to CDA approved plots you can sell these plots to buyers with
your decided price.
No Need To Get Money Return
No need to get Money return implies the record will be registered by the CDA as the scheme was approved in the first place. It’s a CDA approved housing society registered with government.
Capital Development Authority (CDA)
CDA
stands for Capital Development Authority. If you are going to buy properties in
other cities except Islamabad than these
departments have different names; their name is as follows:
·
Rawalpindi is RDA (Rawalpindi Development Authority)
·
Faisalabad is FDA (Faisalabad Development Authority)
·
Karachi is KDA (Karachi
Development Authority)
·
Hyderabad is HDA (Hyderabad Development Authority)
List goes on….
CDA Law states that "Non CDA approved Properties their
records (Property Registry) will not be saved in the
CDA record and investor have to get his property refund.
According to The Islamabad Laws book CDA always request Property Sponsor to
take CDA approval before the sale and marketing of the housing scheme.
If you would like to confirm, is it a property CDA Approved
or Non CDA Approved, their sources through which you can do your research, you
can use any of the following options:
● Go to CDA
Office
● Call CDA
Office
It
is essential and compulsory that marketers and sellers of landed properties
must take CDA approval. Otherwise, such property will not be captured in CDA
records. The buyer of such property will have to get a refund for such property
even if the property has been bought 100 years back, and the amount paid back
will be depend on court decision.
Kindly, refer
the below website of CDA for office contact numbers (contact us).
CDA
website: http://www.cda.gov.pk/
Real Estate
In
Pakistan Real estate offices like to introduce buyers and sell them Non CDA
approved properties.
The
moment you find yourself in this situation, don't beat yourself up and do not
waste time; go ahead and file a case to get your refund in court. The following are some steps you should not
take when in this situation:
● Let’s go and
Negotiate in the Real estate office or sponsor office for refund. (Court case
is a right way to get refund)
●
Let’s call on the phone negotiation to get
refund.
● Let's go for an
arguments with the real estate office.
● Let’s keeping a
non CDA approved residential plot for several more years and if sponsor do not
cultivate the housing scheme CDA will capture the society and my plots will
automatically will be in CDA record.
● Let’s wait and
see the housing scheme sponsor will receive his NOC from CDA within one day or
after few years and property will be registered in the CDA record, or no?
● I think The
Property registry will be saved in the CDA system only if it is submitted by
the housing society office, and if the time of purchase occurred before the
approval of CDA.
● Let’s Go to
Patwari office to get a plot in a different location. (you are still stuck in a illicit property
mess)
● Let’s Go to the
police station and they will get me my money returned.
Note: Your plot registry will not be recorded by the CDA if
you make a purchase before the housing society scheme get CDA approval.
CHAPTER TWO:
Refund Steps
Suppose
you have fallen into the trap of buying non CDA approved property. In that
case, you must confirm immediately to CDA by going to CDA Office and go to
court to file for a refund. In this chapter, I will walk you through how to
process your refund.
You have to
take steps to get your refund when you find yourself in this situation; one
significant step is to hire a lawyer because all agreements must be in written
form, and you need a lawyer for that.
You have to send a legal notice from the lawyer and wait for
14 days to get an answer from the opposition party. When you are overseas, you
have to sign a Power of Attorney (wakalatnama). This Power of Attorney
(wakalatnama) will be provided by the lawyer that you will hire.; After that,
he will send you the draft of your case, and you have to sign as the plaintiff.
After that, he will send you the special power of attorney, which you have to
get attested from the consulate of Pakistan.
Using this special power of attorney, you will appoint a person who will
be present in the court on dates given by the judge after the hearing of your
case to collect a refund and give an answer on your behalf.
Before
getting your refund, you might have to file a court case twice, the first being
the case of property refund. The second is a retrial; if the judge gives a
onesided decision when the opposition party refuses to show up for court
through their lawyer or by themselves, the judge will order to file an
exclusion. After this, you will have to file another court case for
exclusion.
There are three types of courts in Pakistan: The District
Court, the High Court, and the Supreme Court.
Therefore, there is a proper process to file a court case in
Pakistan. If you are Overseas Pakistani and reside abroad than You have to get
a Power of Attorney (wakalatnama) attested from the Pakistan Consulate where
you are situated. This Power of Attorney (wakalatnama) will be provided by the
lawyer which you are going to hire. After that, he will send you the draft of
your case, and you have to sign as the plaintiff. Then he will send you the special power of
attorney you have to get attested from the consulate of Pakistan. In this
special power of attorney, you will appoint a person who will be presenting you
in the court on dates which the judge will give after the hearing of your case
by the judge. If your lawsuit is in the Overseas Court, your issue will be
sorted out much faster than the local court.
Note:
Overseas Pakistanis if you don't sign the draft at plaintiff's area and appoint
a lawyer to get the refund as a special attorney, your case will be transferred
to a local court. And your case will take a long time to compare to an overseas
court.
Pakistan Court Orders Summons And Notices
Summon is stands for the notice from the court to Defendant
which should be post by Postal Office. Chaspandgi stands for a notice from the
court against the Defendant which will be post on Defendant premises. Newspaper
ad the court orders to post in the newspaper the notice which is issued to
Defendant. It's the last step of the court. They ask case filler to advertise
in the newspaper regarding defendant not being present in the court.
There are two types of chaspandgis. One is done by the court
clerk "in this situation, your lawyer doesn't have to go to the defendant
place with the bailiff. Only the court clerk will go to the defendant to post
the order notice. Second is done by the court the bailiff "in this
situation. Your lawyer will go to the defendant place with the bailiff, and the
bailiff will announce the order ordered by the court.
Your
relative signature will be needed on the draft of Special Power of Attorney to
indicate who will collect your refund on your behalf while filing a case from
overseas.
Exclusion
Case:
Exclusion
Case implies Exclusion Case take place when all the three steps are taken
Summon, Chaspandgi and News Ad and Judge have given a final decision of the
case. Then Judge will order plaintiff to file an exclusion case to check the
Defendant Assets in Pakistan. If he have assets in Pakistan than court will ask
for evaluation to refund the amount to plaintiff and will return the property
to defendant. If defendant don’t have assets in Pakistan than court will order
to take over the plots as Government asset. And Court will order to refund the
amount from Government account to plaintiff.
Judges & Lawyers
The
Pakistan Bar Council was established under the Legal Practitioners and Bar
Councils Acts in the Parliament in 1973. Being the highest elected body of
lawyers in the country, it consists of twenty-two members, each representing
respective provinces.
Like
we discussed earlier, you must hire the lawyer for your court case, and here is
the website address of the Bar Council of Pakistan which will help you to get
lawyer to fight your case in court:
http://pakistanbarcouncil.org/contact-us/
While
paying your lawyers, ensure that you keep the payment records or receipt
because lawyers might not give you receipts. Therefore, do your transaction
through the bank or western union, and keep the receipt of the bank issued you
online or transaction receipt even given by the Western Union.
That will
help you claim damages at the end of the court case from the defendants. Also,
ensure that you keep the conversation with your lawyer either through email or
any other messenger.
Avoid
buying non-CDA approve properties as much as possible as it will take years to
get your money back since the Pakistani court will only entertain your property
refund lawsuit as none urgent, thus delaying the court proceedings.
Another
factor such as the absence of lawyer, defendant and special attorney will also
delay the progress of getting your money back. The average day gaps for each
hearing is between 30 to 60 days.
Cross
check information with your lawyers to ensure that there are no unnecessary or
inaccurate information to be proceeded in court.
In
Pakistan, a lawsuit involving illegal property purchasing is considered as a
civil case. Thus, it will take about 1 to 2 years for the final decision to be
concluded.
Don’t
expect the lawyers to update you on the progress of the court proceeding With
your case every time because they are very busy with other court cases.
You
can find it common that the government bodies of Pakistan (the CDA) will point
fingers to the sellers and purchasers over the sales of illegal property.
Be
well aware that if an illegal housing plot is purchased, there are guarantee
that it will not be registered in the CDA’s record. Worst case scenario would
be the CDA asking you to get a refund for your purchase, which can take years
to settle.
Note: Sale and Purchase of Illegal Plots are not considered as a
criminal offence in Pakistan as long as both parties have agreed to the terms
and conditions.
Mobs And Land Grabbers Or Mafia In Pakistan
Look out
for land grabbers and land mafias. They can occupy your property. Never buy Non
CDA approved property. Always buy property in CDA approved Housing
Societies.
CDA
approved societies are always:
● Secured.
● They have security personal at the gate.
● They have society office inside the area.
● They are mostly in Urban areas.
● Property record monitored by CDA
department. ● They
have all the basic facilities.
(Patwari) Government Land Record Keepers
Patwaris
are the land and property record keepers in Pakistan; if you are looking to buy
land to open Housing Society than, go to their office or give them a call and
ask for the procedure on how to buy the land from them.
Kindly, follow the below website link for Patwaris contact numbers. http://nasirlawsite.com/patwaris.htm
Tehslider
A
tehsildar in Pakistan is often referred to a tax officer who are accompanied by
the revenue inspectors. They are responsible to obtain taxes from tehsils in
relation to land revenue. Another reference to a tehsildar is an Executive Magistrate,
while the immediate subordinate of a tehsildar is a Naib Tehsildar. Any issues
related to a Tehsil can be escalated to the Tehsildar.
The Owner Or The Sponsor Of The Property
As
a property owner, you need to understand that if your property is not
registered in CDA, it can be resold to another buyer. Your plots or land can
have duplicate registries; this can be because of CDA has no record of your
land or properties.
Therefore,
this allows the owner to start on the same land for different project. The same
patwari will sign another property registry because the landowner did not
receive the total amount of the property.
Here
is the process most sponsors use while selling property in Pakistan; they buy
land from Patwari and make a Housing scheme.
Consider Real Estate office as own booking office for them and Real
Estate office indicate on the map that it is their booking office.
The
booking office sells those plots to the people. But Housing Society sponsors
did not get CDA approval for their Housing Society yet, which is necessary;
without CDA approval, the Housing Society is illegal and sponsor not allowed to
do sale and marketing.
It’s a CDA law.
CHAPTER THREE:
Indication Of Illegal
Property Victimization
If you
have bought a property and do not know if you have fallen into the illicit
scheme property, some hints will help you understand if you have become a
victim; some of them are listed below.
● The Booking office will give you the unapproved
map of the Housing Society which are not yet approved by the CDA.
● These Real estate agents mostly ask you to do
the transaction in cash. ● The
booking office will hide sponsor office.
● No one will be able to find the sponsor head
office in Pakistan easily.
● The Real Estate agent or booking office officer
will not take you to the attestation office.
● Your property registry will be attested without
your presence in registrar office.
CHAPTER FOUR:
Property Transaction
While
buying property in Pakistan, you must avoid doing some things so that you won't
fall into a trap. Some of these things are listed below;
● Don't ever make
cash transactions.
● Always make a
pay order from the bank to buy the property or online banking or use cheque
book.
● Always buy CDA
approved property from the society office or booking office.
● Always ask real
estate agent to show you the location of the plot at the sight before any
further progress.
● Always ask CDA office about the Housing Scheme is it approved from them or no.
CHAPTER FIVE:
Checklist
In case your
property is not CDA approved than
proceed to court to file a refund case.
Conclusion
Pakistan
has a high rate of property disputes that have led to killings in the country.
Many deaths have been recorded, and more than 55% of cases in the court are
property-related, indicating a high rate of illegal property selling schemes in
the country.
Therefore, if you have taken the time to read this book, you will be well informed about illegal property sellers' activities and how they operate. You will have all the information needed to spot the red flags and report them in the court by filling a case. While doing these, ensure you are safe. Together we'll make Pakistan a great country.
IMPORTANT
Request Letter to the Chief Justice of Pakistan
To:
The Honorable Chief Justice of Pakistan
Islamabad
From:
The Citizens of Pakistan
Subject: Appeal
to Chief Justice of Pakistan to advertise about the laws of CDA against non-CDA
approved Housing Societies.
Dear
Honorable Chief Justice of Pakistan,
I am
representing myself to make a request to you to humbly ask for your gratitude
to advertise about the laws of CDA against non-CDA approved Housing
Societies.
I would
also like to have the CDA to produce an advertisement regarding the laws of CDA
against illegal properties on different channels such as the newspaper, Social
Media platforms, TV, radio, billboards, and the cinemas etc.
The
purpose of this request in conjunction with the events that have led to the
high rate of property disputes among the Pakistani people.
Your
earliest respond to my queries is highly appreciated in advance.
Thank
you.
Regards,
Nabil
Asghar
E-Court
System:
E-Court
system is an electronic court, where any law matters are adjudicated upon,
provided that a qualified judge or judges are present at the time of
preceding.
The
e-court systems have been more preferable in the last couple of years
especially in the developing countries which are dominated by the latest
technology and modern hardware. The effectiveness of the e-court system has
also made it easier for the judges and justice seekers to interact with one
another.
The
government of Pakistan should implement the ecourt system in District Court and
the High Court to solve the lateness in decision making not only related to
property related court case, but other cases as well.
Public
interest Litigation (PIL):
PIL
is a way of appeal to change the law in the country. The people of Pakistan
should file PIL in the court of Pakistan to get their appeal heard, to change
the law to make their life better in their own country.
To the people of Pakistan, these are some of the PIL’s that can be filed
to the court:
1. Filing PIL
against Housing Society Sponsor who sells non-CDA approved plots will be
fined.
2. Filing PIL
against Housing Society Booking office who sells non-CDA approved plots will be
fined.
3. Filing PIL against
Real Estate offices who sell non-CDA approved Housing Society plots will be
fined.
4. Filing PIL for
property refund cases to switch from civil court to the government court. This
way the court fee and the lawyer fee will be reduce.
5. Filing PIL for the
Judges of District Court; hearing dates cannot be postponed or amended for more than 4 times and each delay cannot be more than 30
days.
6. Filing PIL for
lawyers who withdraw from the course to allow the e-court system to be
implemented. This is to allow the plaintiff to fight the case by him/herself
and provide a guarantee that he/she will definitely get his/her money back. It
will also reduce risk of death threats to the plaintiff.
7. Filing PIL after
the case of exclusion if there is nothing claimable from the defendant. Also
remove imprisonment for the defendant as this will only delay the case in court
and escalate conflict outside the court between Plaintiff and Defendant.
8. Filing PIL to
create the Bar Council mobile app.
9. Filing PIL to
create mobile app of the district court to know the hearing date and decision
which decided by the judges.
10. Filing PIL
against Housing Society Office, Real Estate Office and Booking Office even
Buyer and Seller both parties agree to purchase and sale of Non CDA approved
residential plots and housing schemes both will be fined.
Several requests to the Government of
Pakistan:
1.
To write CDA Violation law on the billboards across Pakistan
regarding illegal housing society for residential plot.
2.
Create awareness to the people of Pakistan about the importance of
doublechecking whether their residential plots are CDA-approved through (SMS)
Telecommunication Companies in Pakistan.
3.
Create widespread advertisement about illegal properties in public
places including the cinemas and Mosques.
4.
Create awareness about CDA Violation law regarding illegal Housing
Societies in newspaper.
5.
Inform the Pakistani citizens about the consequences of buying
non-CDA approved plots why it violates the CDA law. Also make the people aware
that these brought plots must be refunded and should be dealt with in the
Courts of Pakistan.
Message To People Of The World
If your real
estate agent refuses to provide the exact location of the housing scheme then
you may be the victim of illegal housing scheme activities and he/she may want
to create a fuss in the police station, which would be a useless thing to do.
Because Court of Pakistan is the only place which can help you to get your
money back by law. Or if you would like to save your time and money than kindly, wait
for the Housing authority to acquire your plot. You will save money, time and
will stay away from physical fights and argument with the real estate office
and illicit housing society head office and the booking office.
Note: In this situation, do not go straight to the police station to
file a report. Instead, file a court case to ensure that you get your money
back.
People of Pakistan
In
accordance to the Pakistan’s Court law, the President and Prime Minister of
Pakistan are not allowed to interfere in court matters for anyone in
Pakistan.
What
does the Bar Council actually do?
1. Bar Council will
forward your letter if you have any complaints or request which have to be
given to the Bar Council Chairman against lawyers.
2. If you would
like to complain against a Punjab state lawyer then you have to courier a
letter to the Punjab state Bar Council. If you have a complaint against the
other states lawyers you have to courier a letter according to the other states
bar council.
Note: The Bar Council may ask you to submit the letter of complaints
with proof attached to Chairman of the Bar Council office via a courier
service.
Law
Minister of Pakistan Please take action on the following:
1. Develop a mobile
app to allow people overseas to keep track of the case updates from the
District and Overseas courts, just like what is being done to the Supreme and
High Court cases.
2. Create a website
(E-Filing) to submit court cases in Pakistan.
Note: These technologies are important to assist the people of
Pakistan to defend themselves in court cases instead of relying on
lawyers.
Documents
of CDA laws required to be submitted by the sponsor.
If you
are interested to know more about what documents required to be submitted to CDA
for approval of your housing society, The Islamabad laws book can be purchased
from www.federallawhouse.com
Appealing to provide additional clause to the attestation
office
To: The
Chief of Justice Pakistan
From:
Buyer
Subject:
Appealing to provide additional clause office property registry pattern
Dear
Chief Justice of Pakistan,
I’m
writing to appeal to you to add an additional clause in the property registry to
inform buyers whether the housing scheme is CDA-approved or not. Also, in the
clause, it should mention that the data of the illegal plot will not be
registered in the CDA record. An additional statement saying that it is a CDA
violation to buy illegal housing plots should be clearly stated as well, and
that the buyers shall receive their money back whenever the case is filed in
court.
An
additional please add in the clause name of the sponsor of the housing scheme.
It will be easier to get refund for plaintiff. Kindly, issue a letter to all
the stationary shops and property registry typers n Pakistan regarding this
clause amendment.
I
appreciate your prompt action on this.
Thank
you.
Regards,
Nabil
Asghar
Appealing
to open an e-filing system in court
To: The
Chief of Justice Pakistan
From:
The Plaintiff
Subject:
Appealing to open an e-filing system in court
Dear
Chief Justice,
I’m
writing to appeal to you to open an e-filing system in all courts of Pakistan
to enable cases to be filed District and High courts.
I
believe the idea of having an e-filing system could reduce the use of papers
apart from time and cost saving by leveraging technology in filing cases in the
courts.
I
appreciate your time and consideration reading this aopeal. I hope my proposal
could help to solve the court cases in Pakistan.
Thank
you.
Regards,
Nabil
Asghar
Appeal of CDA approval letter
to be made compulsory in attestation office
To: The
Chief of Justice Pakistan
From:
The Citizens of Pakistan
Subject:
Appeal of CDA approval letter to be made compulsory in attestation office
Dear
Chief Justice of Pakistan,
I appeal
to ask for your kind action to make the CDA approval letter for housing society
to be compulsory to be attached with property registry during the property
registry attestation.
This is
regardless of the letter issuer; it can be a real estate office, real estate
agent, sponsor office of the housing society, booking office of the housing
society or its sub agent office.
I
believe this would provide a guarantee to the people of Pakistan whenever they
make an attempt to purchase a property in the future, thus I hope you would
take consideration and would take action as soon as possible for the goodness
of the Pakistani’s.
Thank
you.
Regards,
Nabil
Asghar
Appeal to Chief Justice of Pakistan To Stop Map Printing of Non CDA
approved Housing Society
To Chief
Justice of Pakistan, Islamabad
From
Citizen of Pakistan
Subject:
Stop Map Printing of Non CDA approved Housing Society.
Dear
Chief Justice of Pakistan,
I appeal
to you that please implement 20 crore rupees fine on Printing Press in Pakistan
on Printing Non-CDA approved Map. Make mandatory that Sponsor of the housing
society must get his Society Master plan map approved from CDA office.
Once the
layout plan map is approved by CDA Sponsor of the Housing Society than only
they can get printout of the map from printing press.
Because
of this law every new housing society will take CDA approval. And it will
eliminate Non CDA approved Housing schemes from Pakistan.
Your
earliest consideration will be highly appreciated.
Thanks,
and regards
Nabil
Asghar
Second Option:
It will be better if you wait for Housing Authority to acquire your plot
or land or go to Bank to take a loan from the bank. Because it will save you
from below issues and help you to get your property money peacefully:
|
· High fatigue |
|
· High Risk of Fight |
|
· High lawyer fees in
case of recovery case filled in court |
|
· Risk of Court Cases |
|
· Waste of Time in courts |
|
· Court fees in case
file of recovery |
|
· Threat from Thugs |
|
· High Risk of Murder |
|
· High Risk Argument in
Police Station · Lawyer not
interested to fight your case in court · Special attorney
would like to withdraw the case · Court case will be
late due to Bar council strike · Court case late due
to defendant is absent. |
Personal Opinion:
My personal opinion
about Filling a property recovery case is a waste of time and money in Pakistan
due to below reasons:
·
Bar council strikes.
·
A lawyer like to withdraw the case.
·
Lawyer absent on a hearing date.
·
The case was postponed by an honourable judge to a new
date because the case is non-urgent.
·
The special attorney would like to withdraw the case.
·
Both Plaintiff attorney and plaintiff special attorney
are absent on the hearing date and the case has been dismissed by an honourable
judge.
·
Defendants don’t show up in the court on hearing
dates.
·
Due to wrong defendant Honourable Judge will dismiss
the case.
·
Due to plaintiff attorney absence on the hearing date
case will be postponed on to next hearing date.
If you are stuck in a illicit housing projects kindly,
wait for the Housing authority to acquire your plot. You will save money, time
and will stay away from physical fights and argument with the real estate
office and illicit housing society head office, booking office in this way.
In illegal plots purchasing what exactly happened?
Real estate offices show you the project on the map and they will not
take you to the sight to show you the project because there is no such project
on a exact location.
They will show you the price of the plots which they would like to offer.
These kind of illicit housing societies prefer to overseas pakistanis
because they have no idea about the pakistan property laws. Due to lack of info
Obviously you will agree to pay the amount which booking office of the illicit
housing society will ask you.
Once you pay the amount the project gets canceled due to no CDA
approval.
Patwari price is always lower compare to the price which is decided by
the housing society.
For example booking office of the housing society gave you the price 15 lacs for each
plots. But the patwari price of the same plot was only 1 lac 25 thousand rupees
at the time of sale.
According to CDA law these project are illegal and will be canceled by
them. In this way you have to wait for 10 years to get your personal 15 lacs
rupees loan from the bank. That's how booking office of the illicit housing
societies cheat.
Due to no CDA approval of there projects booking offices of housing
society are not allowed to do sale/ purchase and marketing. It's a law of CDA.
Note: People of the world be careful in Pakistan from
Illegal housing projects. Do not invest in illicit projects.
To: The Chief Justice of Pakistan
From: The Citizen of Pakistan
Subject: Appealing for to pass the law on lawyers
Dear Honorable Chief Justice of Pakistan,
I appeal to you to pass the law that if a lawyer would like to withdraw the
case then either lawyer return the half fee to the plaintiff or transfer the
case to another lawyer. I believe you have a soft spot for the lawyers rather
than for the case filer.
Honorable Chief Justice of Pakistan, for your information many other
Pakistani’s out there, are having an illegal plot recovery case in the district
court. Currently there are about 55% of property recovery cases in Pakistan
court and people are hoping for an early closure to their cases. I would also
like to highlight a few of the things that have impacted my daily
life throughout these cases,
whether being a local or overseas Pakistani, as below:
·
Bearing food expenses on my own.
·
Paying for house rent.
·
Car maintenance.
·
Medicine.
·
Bank debts.
·
Court expenses.
·
Failing to start a business due to insufficient fund.
·
Failing to make a new investment with a legal Housing scheme.
·
School fee of the children
I highly appreciate your prompt action regarding this matter.
Thank you.
Yours Sincerely,
Nabil Asghar
Illicit Property Documents
When you would like to purchase illicit
property these are the below document are very important. Ask housing society,
booking office or real estate to give you. Please check the documents once you
receive and tick the box.
Checklist
Aks-Shajra
Fard Malkiat
Mutation (Intiqal)
Tattima Registry
Khasra
Khasra Gardwari
Survey
Sale Deed (Registry
/Baye-Nama)
Check List
Indication of you have
been victim of a illicit property:
Map is not accurate.
Property registry will
be attested one sided.
Courier service will
not be use to courier document to buyer home.
Agent will not take you
to show you the place where is your plot before the purchasing.
Agent will ask you to
make cash transaction.
Letter To People of the World
To:
People of the World
From:
Nabil Asghar
Subject:
Request for Donation
To the
people around the globe,
I’m
writing this letter to all of you with a heavy heart that my source of income
has come to an end this year. There were many factors resulting to this;
Saudization in Saudi Arabia, the Bar Council of Islamabad strikes, Coronavirus,
the absence of a defendant in their court cases in Pakistan.
In order
to bounce back from the difficulty that I have been facing recently, I wish to
create a polling website to seek for support from the people around the globe
to help me file a Public Interest Litigation in the court of Pakistan. I
believe that the Public Interest Litigation could change the outdated laws in
Pakistan, which may help many others who are having the same consequences as
55% people in Pakistan.
I’m
struggling with financial deficit and thus is asking for your sincere support
to combat these series of unfortunate events. I even couldn’t make it to my
mother’s funeral on 7th of April 2021 due to financial
difficulty.
My financial situation is getting worse as days
passes by and I’m hoping some of you, if not all, would be generous enough to
support me in this.
Through
your support, I would like to create the following actions which will not only
benefit myself, but others as well:
● Create a more accessible website or platform to
assist the people to file for property refund cases.
● To File Public Interest Litigation (PIL) in the
Court of Pakistan.
● To distribute audio cassettes to the villagers
in Pakistan regarding the CDA violation for illegal plots.
● To distribute audio CDs to the people in the
urban areas in Pakistan regarding the CDA violation for illegal plots.
● To spread awareness regarding the CDA violation
law to the people via radio channels, newspaper, and TV.
● To make Motion Picture, Documentary, Short
Film, Animation movie regarding the CDA violation law for illegal plots.
Please refer to the following bank account
details to donate:
Name of
the Bank: Dubai Islamic Bank
Name of
the bank Account holder: Nabil Asghar
Branch
No:162
Address
of the Bank: Ground Floor, Plot No، 88,
Civic Center Bahria Town, Rawalpindi, Islamabad, Punjab,
Pakistan
Bank
Account Number: 1620399453001
Swift
Code: DUIBPKKAXXX
IBAN No:
PK52DUIB0000000399453001
Request Letter to
President and Prime Minister of Pakistan to file Public Interest
Litigation.
Dear
President and Prime Minister of Pakistan,
The
high rate of property disputes has become the main cause of mass killings in
Pakistan. With more than 55% of cases being linked to property, this shows the
high numbers of illegal property selling schemes across the country.
So, I’m seeking for your help to file PIL in the court which are
mentioned below:
1. Filing PIL
against Housing Scheme Sponsor who sells non-CDA approved plots to stop them
from selling none CDA approved plots will be fined.
2. Filing PIL
against Housing Scheme Booking office who sells non-CDA approved plots to stop
them from selling none CDA approved plots will be fined.
3. Filing PIL
against Real Estate offices who sells non-CDA approved plots will be
fined.
4. Filing PIL for
property refund cases to switch from civil court to the government court. This
way the court fee and the lawyer fee will be reduce.
5. Filing PIL for
the Judges of District Court; hearing dates cannot be postponed or amended for
more than 4 times and each postponed cannot be more than 30 days.
6. Filing PIL every
property dispute case must not extend more than 4 months’ time in District
Court.
7. Filing PIL for
lawyers who withdraw from the course to allow the e-court system to be
implemented. This is to allow the plaintiff to fight the case by him/herself
and provide a guarantee that he/she will definitely get his/her money back. It
will also reduce risk of death threats, Transportation cost, waiting time at
the court before hearing of the case, for the plaintiff.
8. Filing PIL after
the case of exclusion if there is nothing claimable from the defendant. Also
remove imprisonment for the defendant as this will only delay the case in court
and escalate conflict outside the court between Plaintiff and Defendant.
9. Filing PIL to
create mobile app of the Bar Council.
10. Filing PIL to
create mobile app of the district court to know the hearing date and decision
which decided by the judges.
11. File PIL against
Housing Society Office, Real Estate Office and Booking Office even Buyer and
Seller both parties agree to do purchase and sale of Non CDA approved
residential plots and housing schemes both will be fined.
Lastly,
I highly appreciate your time and attention reading my letter and am hoping for
your immediate action regarding this matter for the goodness of the people of
Pakistan.
Thank
you.
Best
Regards,
Nabil
Asghar
Appealing for early decision
of cases
To: The
Chief of Justice of Pakistan
From:
The Citizen of Pakistan
Subject:
Appealing for early decision of cases
Dear
Honorable Chief Justice of Pakistan,
I’m
writing an appeal to you to have the case decision timeline to be fixed to a
particular days or months. I believe you have a soft spot for the defendant
rather than the plaintiff.
Honorable
Chief Justice of Pakistan, for your information many other Pakistani’s out
there, are having an illegal plot recovery case in the district court.
I would
like to appeal a fixed timeline for the case to 4 months, at which 1 month
should be allocated to summon, 1 month for Chaspandgi, and 1 month for the news
ad.
Honorable
Chief Justice of Pakistan , currently there are about 55% of property recovery
cases in Pakistan court and people are hoping for an early closure to their
cases.
I would
also like to highlight that the illegal plots sale held without proper
information given to the buyer and lack of information were given by the real
estate agent/ booking offices in Pakistan.
I would
also like to highlight a few of the things that have impacted people daily life
throughout these cases, whether being a local or overseas Pakistani, as
below:
● Bearing food expenses on their own.
● Paying for house rent.
● Car maintenance.
● Medicine.
● Bank debts.
● Court expenses.
● Failing to start a business due to insufficient
fund.
● Failing to make a new investment with a legal
Housing scheme.
I highly
appreciate your prompt action regarding this matter.
Thank
you.
Yours
Sincerely,
Nabil
Asghar
Appeal to Chief
Justice of Pakistan to create Bar Council Mobile app.
To:
The Chief Justice of Pakistan.
From:
The Citizen of Pakistan
Subject:
Appeal to Chief Justice of Pakistan to create Bar Council Mobile app.
Dear
Honorable Chief Justice of Pakistan,
I
would like to propose to the government to develop a mobile application of the
Bar Council and add in a Citizen Portal to ease the process of court cases
request of early decision in Pakistan. I believe that with the help of a mobile
app, it can reduce the cost of courier service for plaintiff and
complainer.
I
have to send a letter to the Chairman of the Bar Council of Pakistan to file a complaint
against the lawyer.
For
your information, many Pakistani Citizens have to send the letter all the way
from abroad which would cost quite a huge sum of money as well - about 365 SAR
or 16,892 Pak rupees. This issue affects 55% Pakistanis, local and abroad.
Therefore,
I humbly ask for your action to build a mobile app for the people of Pakistan
to be able to send request appeals and complaints without additional cost and
with ease.
I
appreciate your time and consideration as well as your prompt action regarding
this matter.
Thank
you.
Regards,
Nabil
Asghar
Appeal to Chief Justice of Pakistan to stop
purchasing of Non CDA approved plots
To Chief Justice of
Pakistan, Islamabad
From
Citizen of Pakistan
Subject:
Appeal to stop sale / purchasing and Marketing of Non CDA approved
plots
Dear
Chief Justice of Pakistan,
I
Appeal to you to stop Sponsors of the housing society sells none CDA approved
plots to investor. Sponsor gives lack of information to investor about the housing
scheme or plot. Due to none CDA approved plot investors have to file a case in
court to get a refund. Sponsors don’t show up in the court for 2 to 3 years.
The
case takes a long time to get his final decision. Investors become poorer and
poorer because of this time. After years of time lose investor get his refund
without conflict if sponsor don’t show up in the court after the exclusion
case. If sponsor don’t showed up in Pakistan court than Court will order to
take over the plot and refund the amount to investor. And the arrest warrant
will be issued to sponsor. Then these plots goes into CDA record.
This system holds Pakistan backward. It’s slow the Development in the
country.
Kindly,
authorize sale and Purchase of only CDA approved Housing Society residential
plots in Pakistan.
Implement
the law that Non CDA approved plots attestation is not allowed in attestation
office of Pakistan even both parties agreed to purchase illegal housing
societies plot. And if you sale, purchase and did marketing of illegal housing
society plots it will be criminal offense.
In
this way people will buy CDA approved Housing Society Plots and
automatically
Pakistan
will improve. CDA approved Housing Society has all the basic needs like
Water,
Electricity, Gas, Housing Society Security, Market,
School, University, Mosque, Housing Society management, fire brigade,
Hospital, Police Station, Play Ground and restaurants.
Your
earliest consideration will be highly appreciated.
Thanks,
and regards
Nabil
Asghar
Appeal to
Registrar Office Chairman of Islamabad, Pakistan
To,
Registrar
office
Chairman
From,
Citizen
of Pakistan
Investor
Subject:
Appeal to Registrar office in Islamabad
Dear
Sir,
I
would like to make a request to implement CDA violation law in Registrar office
for the none CDA approved Housing Societies plot sale and purchase. Even both
parties are agreed to purchase and sale of a illegal Housing Societies plot.
Sponsors
of the none CDA approved Housing Society are not allowed to do sale and
marketing of their society plots to anyone. It’s a CDA Law.
This law is made to make citizens of Pakistan’s life better. To improve
living standard in Pakistan.
To
make you to perform your duty to make Citizen’s life better they even pay you
taxes. Which you receive in the sense of Salary every month.
Allowing
an illicit property registration is not a democracy, or a freedom. It’s a first
step of pushing your country towards poverty.
Being
a Pakistani Citizen think about your Country and their people that what is the
reaction of these non CDA approved plots on life of Pakistani Citizens.
You
can File a Public Interest Litigation (PIL) in the Court of Pakistan as a
Citizen of Pakistan.
And
these below laws once are approved implement laws of CDA for none CDA approved
Housing Societies at the time of Registry attestation.
You
must ask Sellers that
Dear
Sellers please present your CDA approval of Housing Society approval letter or
Plot record letter from the CDA to make it attest this registry.
What
happened to people life because of one negligence of CDA law this is the
situation?
·
People have to pay heavy fee to
lawyers just to get their property refund.
·
My cases in the District Court for
property refund cases stays
under processed for many years.
·
People have to bear loss due to
Currency exchange Rate fluctuations.
·
People have to complaint to OPC or
to Police Station to know where are their plots.
·
Booking office of the housing society
have sold them Non CDA approved plots.
·
Booking office sold low valued
property.
Your earliest consideration of giving me above
damages will be highly appreciated.
Thanks,
and regards
Nabil
Asghar
In illegal plots purchasing what exactly happened?
Real estate offices show you the project on the map and they will not
take you to the sight to show you the project because there is no such project
on a exact location.
They will show you the price of the plots which they would like to
offer.
These kind of illicit housing societies prefer to overseas pakistanis
because they have no idea about the pakistan property laws. Due to lack of info
Obviously you will agree to pay the amount which booking office of the illicit
housing society will ask you.
Once you pay the amount the project gets canceled due to no CDA
approval.
Patwari price is always lower compare to the price which is decided by
the housing society.
For example suppose booking office of the housing society gave you the
price 15 lacs for each plot. But the patwari price of the same plot is only 1
lac 25 thousand rupees at the time of sale.
In this way you have to wait for 10 years to get your property be valued
against 15 lacs rupees for per plot.
That's how booking office of the illicit housing societies cheat.
According to CDA law these project are illegal and will be canceled by
them.
Due to no CDA approval of there projects booking offices of housing
society are not allowed to do sale/ purchase and marketing. It's a law of CDA.
Note: So please stop attestation of the illegal
housing society property registry of the plots in attestation offices of
Pakistan. And People of the world be careful in Pakistan from Illegal housing
projects. Do not invest in these projects.
Appeal to Chief Justice of
Pakistan to mandatory lie detector machine use in property recovery case
To Chief Justice of Pakistan, Islamabad
From
Citizen of Pakistan
Subject:
Appeal
to Chief Justice of Pakistan to mandatory
lie detector machine use in property recovery case
Dear
Chief Justice of Pakistan,
I Appeal to you to mandatory lie detector
machine use in a property recovery cases. There are many case happened already
in Pakistan where sponsor called the investors to their offices to negotiate to
settle illicit property issue.
Having a 2 buyers for a same number of illicit
plot is very common in Pakistan.
Sometimes, they force investor to sign the
document which says plot have been refunded and amount have been collected by
the investor. But in reality sponsor of the society don’t return the amount to
investor.
Your earliest consideration to implement this
law will be highly appreciated.
Thanks and regards
Nabil Asghar
Message to Mr. Imran Khan the Ex Prime
Minister of Pakistan.
Dear Ex Prime Minister
Imran Khan,
I hope you are doing
well.
I would like to thank
you for making a citizen portal. Because of this portal I can get it fix
Pakistan premises. Thank you once again.
Regards
Nabil
Asghar
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