12:50 PM | 2019-11-15
Property rights in Islamic Republic of Pakistan. And what the property law says about ownership and property rights for men and women in Pakistan
The property rights are protected under the Constitution of Pakistan, 1973, as well as under many special and specific laws that deal with various types of property and various aspects of property rights.in Pakistan.
a) Articles 23, 24, 172 and 173 of the Constitution of the Islamic Republic of Pakistan deal with private property rights
Articles 23: 'Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest'.
Articles 24 makes the following provision with honor to the acquisition of the private property.
'No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either
fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given'.
Articles 172 states that:
‘Any property, which has no rightful owner, shall, if located in a province, vest in the Government of that province and in every other case, in the Federal Government’. It simply means that if either the federal or the Provincial Government does not own a property, then private individuals shall own it.
c) All the lands, minerals and other things of value within the continental shelf or underlying ocean beyond the territorial waters of Pakistan shall vest in the Federal Government.
d) And the mineral oil and natural gas within the province or the territorial waters adjacent thereto shall vest jointly in equal proportions in that province and the Federal Government.
e) Under Article 173, the Federal Government and the Provincial Governments can grant, sell, dispose or mortgage any property that vests in them. These Governments can purchase or acquire property. All properties acquired for the purposes of the federation or of a province shall vest in the Federal Government or the concerned Provincial Government.