Question :

Dear Sir,

I live in Karachi Pakistan; My father died 16 years ago, now me, my mother and my 2 sisters who living abroad have a inherited house of my father. On 30th November 2015 I sell my father house through a property agent to a party and take RS.5,00,000/= (Rupees five lacs only) as a Token money and give him a receipt on green paper on which Rs. 5/= stamps pasted and I signed over it that I take money as a token and write on it that when my sisters send power of attorney for transfer / mutation of house than the purchaser made a 10% payment and agreement. When my sisters send special power of attorney for mutation, I asked purchaser to made a 10% payment and agreement than they say it’s a December closing and banks are not giving us payment we give you 10% payment in first week of January 2016 but then in January 2016 purchaser don’t give a payment of 10% and don’t make any agreement and said that your sisters sent special power of attorney they don’t sent general power of attorney which I he writes in receipt, but I don’t see this because the receipt was made by purchaser than I asked to my sisters to send general power of attorney on that my sisters said we don’t give general power to any one we already sent you special power for mutation and when the time comes for sale deed we come to Pakistan and sign it at DC office ourselves and take our cheque’s, than I tell this thing to purchaser but he don’t give me 10% or made any agreement and say same thing that I need general power of your sisters, in the mean while I transfer / mutation our house from KDA on the name of me my mother and 2 sisters and I have come to know that the purchaser come along with property agent is not a purchaser he is also a property agent and by giving us only Rs. 5,00,000/- he confirm a deals from us and sell our house to any other parties on a high profit. After that I said to the purchaser we are not going to sell you our house now because you are not going to fulfill any agreement or 10% payment and take your token money back, on that purchaser said I am not going to take my token cash money back and don’t give you receipt for one year, than in February 2016 my sisters come to Pakistan on that purchaser said I am going to give direct share to your sisters without any 10% payment or agreement and give you your share after 2 months, on that I said to him you don’t give an 10% payment for last three months and in between these 3 months property prices rises high and I can’t purchase any other house in that share which I can buy before 3 month price, now if you want to buy a house than buy it on current price value because u don’t make any agreement until now, after that when 5 months gone I hire a lawyer and tell him all situation, on this the lawyer said you have to file a case on sisters and purchaser because this matter is for purchaser and your sisters and then lawyer decides his fees with me and said in this fees I will handle all matters and after that he files a case on my sisters only in city court and not on purchaser that they stuck her legs in selling house and just sent a legal notice to purchaser that you don’t fulfill any agreement so now your token money is forfeit on behalf of me and my mother. Now a purchaser files a case on us in high court that he purchases our house and court have to give him permission to transfer our house to him. Then again I go to my lawyer and tell him that I received court notice from purchaser on that my lawyer said I charged another fees for this case on which I said to him you previously told me that the fees which you decided already you said you handle everything but you only file case on my sisters and not on purchaser and now you demand for another fees for that case of purchaser, I also says him that I don’t want to file case on my sisters but you do that and you don’t file a case against purchaser. And the last thing is that I have rented out my lower portion of my house where I live but for the last two months my tenant doesn’t give me rent and when I give him one month notice to vacate my house than he tear of the notice in front of my eyes and said that there is court problems going in your house I am not going to vacate your house and not giving you rent because the purchaser met him and tell my tenant to do this for pressuring me. Now please after reading this all I have few questions from you please reply me in detail of these questions because I am so much tense now because I have no one after me no brother no father and no uncles who supports me now.

1) Should I say to my lawyer that I don’t want to fight a case with my sisters so please withdraw my sisters case and fight only the case of purchaser in that fees which we decided before for the first time?

2) What is the chances of the case which purchaser files on us should we win it or lose it what is the chances?

3) What can I do with my tenant how can I vacate house from him and get rent, from police state agent or from court?

4) Can I only sell my first floor of house on sub lease to any one and give my sisters share to them so my father house can’t sell completely and I can live on ground floor and sell first floor on sub lease to give shares to my sisters?

Please reply me as soon as possible my all 4 questions in detail.


Umer Rais


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