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Lahore Real Estate Forum: Property News & Community Talk : ,

(73860)
Monday, August 13, 2012 03:43 PM 

Assalam-o-Alaiqum to all,

I have a general but very important question how to transfer the inherited property Houses among Sons/Daughters & Widow but before that let me give you brief overview of this family property and would need humble advices from LRE and you the READER of this Forum if you have gone through like this or know anything about this.

- Location: in Northern LAHORE

- Land bought by our deceased father in around 1965 and built houses later in 1970 and 1995.

- 2 x Family House (double stories) besides each other (size of One House: 20 Marla, Size of Second House: 15 Marla)

- Number of Children : 6 x Sons, 4 Sisters, 1 Mother (May Allah give her long healthy life. Ameen) where all children have been married.

- We all brothers divide this property among each other on mutual understanding where one brother has taken his financial part (Hissa) and signed Affidavit about this payment he has received from us and living separately in his own house. So, 5 are left including myself

- Currently 5 sons & our mother are sharing this property houses.

- I'm living abroad so only 4 sons are living currently and my part is not being used by anyone and visited Pakistan once in a year.

- I've spoken to my eldest brother who has been dealing with all financial and family matters for us since the death of father.

We all brothers/Sisters have kids & life is going on but I have worry to transfer this property to our names (Brother/Sisters/Mother) so there won't be a legal problem for our next generation (Grand children of our fathers) when we die and no dispute among our children when they took over our places.

I've spoken to my brother couple of times to transfer this property as soon possible whatever cost occur for this and he checked it with some of Patwari and other officials few years ago, and came to know that the person who sold this land to our Father that we are living on and similar property in our area that person sold to other people had been pledged to bank and had taken loan out of it & never returned that loan to Bank. That person is in Canada and never returned to Pakistan and is defaulter. May be he has died but we never know about him.

So now question starts from here:

1. Can we transfer this property to our names even Seller is defaulter to Bank neither our father nor us are aware of this unless few years ago after death of our father.
What are best options to transfer this as I heard there are two ways to transfer: one through Patwari and other through "AG Office"? Which one is more authentic & economical process?

3. Any idea about the transfer cost involves

4. Unfortunately Two of my brothers have been passed away but their families are still living with us in their part of the house. Would two deceased brother's part of property be transferred directly to their widow & children?

5. What other things we need to take care while transferring this to us Brother/Sisters/mother?

Your Valuable comments/advices are requested.

Regards,

HumblePTransfer

Patwari replied on Monday, August 13, 2012 06:00 PM 

This should not be a problem. If the land has been mutated (intiqaal) in your father's name, you are in good shape. In the jamabandi, the word "murtahin" must have been mentioned to indicate loan outstanding. Bad news is you will have to pay the loan. Good news is it must be a very nominal amount probably less than few thousand ( or may be even few hundred) rupees. These loans used to mostly taken for seeds and fertilizers. If it were a bigger loan, then it would have been quite difficult for the mutation to have been done in your father name.

HumblePTransfer replied on Tuesday, August 14, 2012 09:26 AM 

Thanks PATWARI for your reply.

The Land was transferred to my father's name long time ago and we have all those documents. Just to let you know its not us but other land in same place we live was owned by that defaulter so not sure how other poeple have done it but we concern to ours.

Would you or anyone update how much would the transfer cost be calculated for this family property because I believe sooner is better and there is no benefits to delay as cost of everything is increasing?

What points will be take into notice while calculating the transfer charges: for example, CVT, Stamp Duty etc. (I'm not very good in these matters, so please ignore if I ask a silly question).

Please take your time and reply for above questions I asked from this and previous post?

Thanks a million in advance.

HumblePTransfer

Aamir replied on Tuesday, August 14, 2012 12:46 PM 

You will have to produce death certificate of your father, proof of legal and agreeable heirs and you will have to give an ad in newspaper if any entity have any objection on the impending mutation of this property. You can contact the area sub- registrar to know the exact amount of transfer fee and stamp duty etc.
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