Question :

Hi imy question is what i can be done with a property matter to give you a view on things i will explain in detail
My father passed away leaving my mum and 5 childern in 2006 after which as i have been in UK since 1997 left all property stuff to our older brother mum and sisters are in pakistan but dont deal with outside matters so everything was left to the older brother.
In 2012 we found out that he had in papers as alive and was using fake paper work to eat rental money of commecial properties from dads account since 2006.
We put a case and after a long pre-arrest application the judge sent the Older brother to Jail for a month and half and now waiting for case dates.
In 2014 we had a property sepration agreement with him with his father-in-law as a witness but since the 1000 rupees stamp agreement (in which we gave him 1 karor extra property from his share to get matters resolved quicker) he has refused to come give biyaan so registries can get done.
We put a civil case for him to complete the agreement but first he was refusing to take summons even when on his criminal court case hearing lawyers tried giving it to him he refused reported it to the judge, than the lawyer called him from civil court and he said to the judge he will send his lawyer next time but he didnt, than he got bail and even on this hearing he didnt show and has said to everyone that he will not show to court.
Judge seems to keep putting dates after dates but nothing is happening.
This is all because he wants everything and says all belongs to me and as he has alot of friends courts and lawyers he will get everything when mum dies.
My question is what can be done in pakistan legal system when one person out of 6 family members of dead >doesn’t attent civil court dates > doesnt accept summons> doesnt complete stamp agreement> and is refusing to resolve matters without everyone giving him everything.

Is there a process which can force him to attend court hearings?
Is there a legal body which can do the partioning in pakistan for dead man family which is legally binding?

What was the purpose of stamp paper agreement when person can refuse to complete it?
In UK when 5 partners are on one side and there is only one causing problems the judge goes with the majority decision unless the one can buy everyone else out, why is this different in pakistan? And if its not different how come we after two years are not getting anywhere?
Is there a special court of application which can deal with this quickly before my mother dies?
This case cant be a divaani case as its straight forward dead person property sepration, so why we are being told it can take 3 to four years?


  1. There is no such need to force his appearance , court can decide the suit Ex-parte. Please visit our with documents for proper advice.

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