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cantonment properties are based on long term lease . my question is ... is the lease hold properties are also devideable between inhertannce lease holders by the civil court?
Yes, leasehold property can be divided among legal heirs. Upon a leaseholder’s death, the lease passes to the executors or beneficiaries (through a will or inheritance laws), entitling them to the property's value. If the property cannot be physically divided, legal heirs can sell their shares or file a suit for partition to auction the property and divide the proceeds,
LowerCourt/District Court | 242/A, District Court Faisalabad
City: Faisalabad | 7-10 Years Experience | B.A, LL.B,LL.M (-)
In Pakistan, leasehold properties can be divided by civil courts among inheritance lease holders. The Partition Act, 1893, and the Civil Procedure Code (CPC), 1908, govern property partition, including leasehold properties. Islamic inheritance law (Faraid) also applies to Muslim inheritance The court can divide the property physically or order its sale if it's not divisible. For cantonment properties with long-term leases, the court will consider the lease terms and applicable . For more information contact at asfiasiddiqui325@gmail.com
LowerCourt/District Court | Garden town, 03201412296
City: Lahore | 3-5 Years Experience | LL.B (Honours) (-)
Yes lease property long term is considered part of the deceased estate and is divided among the legal heirs according to inheritance laws of Pakistan
LowerCourt/District Court | Ghazi plaza suit 402 mall road
City: Lahore | 1-3 Years Experience | LL.B (Honours) (-)
Leasehold properties per the Leasehold Properties Act 1961 fall under civil procedure so long as the provisions of the Leasehold Properties Act 1961 have been met (they must also comply with any local law applicable to the property), so they may be partitioned through a court action. The court may only partition "leasehold" rights (i.e., the right to possession/use of the property), not ownerships of that land (the right owner owns the land). Therefore, any heirs of the deceased shall be entitled to their interest in the lease (i.e., ownership of the lease and the rights it gives them to use or benefit from it) and will have no right to the premises in which the lease was assigned. Any such partition would also be subject to applicable laws and the Cantonment Authorities approval; if partition through a physical manner cannot be done, then the court can authorize the sale of the property and divide the proceeds between the heirs. For further queries contact me at advtalharehman@gmail.com
Lower Court/District Court | 351 Kiyani Chambers Session Court Gujranwala
City: Gujranwala | 1-3 Years Experience | LL.B (Honours) (-)
Like any other property the lease hold rights are also divisible through inheritance but they also depend upon the terms of the lease agreement and also on the rules of the cantonment board.
High Court Islamabad | Chamber # 31, District Courts, Attock.
City: Attock | 5-7 Years Experience | LL.B (Honours) (-)
Yes. Leasehold properties in Cantonment areas can be divided among legal heirs by a Civil Court, but the division is subject to the terms of the lease and the approval of the Cantonment authorities. In Cantonment, property ownership of land remains with the Government / Military Estate. The occupant only has leasehold rights (occupancy rights). A Civil Court can entertain a suit for: 1. Declaration of inheritance 2. Partition of property Even if the property is leasehold, the court can determine the shares of heirs and order partition of the leasehold rights. However, the court does not transfer ownership of the land. It only divides the leasehold interest between heirs.
High Court Sindh | R-5, Sumaira Bungalows, Scheme 33, Gulzar-e-Hijri, Karachi
City: Karachi | 3-5 Years Experience | B.A, LL.B (-)
Obviously yes Leasehold property, including cantonment property held on long term lease, can be divided by Civil Courts among legal heirs, but only to the extent of the leasehold rights, and subject to the terms of the lease and permission of the cantonment authority.
Lower Court/District Court | Chamber no. 63 new judicial complex talagang
City: Talagang | 1-3 Years Experience | LL.B (Honours) (-)
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