..::What is procedure of Partition of Agricultural Land?

Partition of Agricultural land.

Any joint owner of land may apply to a Revenue Officer for partition of his share in the land if–

(a)  at the date of the application the share belonging to him; or

(b)  his right to the share has been established by a decree which is still subsisting at the date; or

(c)  a written acknowledgment of that right has been executed by all persons interested in the admission or denial thereof.

Restrictions and limitations on partition.– Notwithstanding the provisions of section 135–

(a)  places of worship and burial grounds held in common before partition shall continue to be so held after partition; and

(b)  partition of any of the following properties, namely:-

(i)  any embankment, water-course, well or tank and any land on which the supply of water to any such work may depend;

(ii)  any grazing ground; and

(iii)  any land which is occupied as the site of a town or village, may be refused if, in the opinion of the Revenue Officer, the partition of such property is likely to cause inconvenience to the co-sharers or other persons directly or indirectly interested therein, or to diminish the utility thereof to those persons.

Notice of application for partition.– The Revenue Officer, on receiving the application shall, if it is in order, and not open to objection on the face of it, fix a day for the hearing thereof, and–

(a)  cause notice of the application and of the day so fixed to be served on such of the recorded co-sharers as have not joined in the application; and

(b)  If he thinks fit, cause the notice to be served on or proclaimed for the information of any other persons whom he may deem to be directly or indirectly interested in the application.

Addition of parties to application.– On the day fixed for the hearing of the application, or on any other day to which the hearing may be adjourned, the Revenue Officer shall ascertain whether any of the other co-shares desire the partition of their shares also, and if any of them so desires, he shall add him as an applicant for partition.

Dis-allowance of partition.– After examining such of the co-sharers and other persons as may be present on that day, the Revenue Officer may, if he is of opinion that there is good and sufficient cause for partition to be disallowed, reject the application, recording the grounds for such rejection.

Procedure on admission of application.– If the Revenue Officer does not reject the application, he shall ascertain the questions, if any, in dispute between any of the persons interested, distinguishing between–

(a)  questions as to title in the property of which partition is sought; and

(b)  questions as to the property to be divided or the mode of making the partition.

Disposal of questions as to title in the property to be divided.–

(1) When there is a question as to title in any property of which partition is sought, the Revenue Officer may decline to grant the application for partition until the question has been determined by a competent Court, or he may himself proceed to determine the question as though he were such a Court.

(2)  Where the Revenue Officer does not himself proceed to determine the question of title as a Civil Court, he may, for reasons to be recorded by him in this behalf, require a party specified by him to file a suit in a Civil Court, within such period not exceeding ninety days from the date of his order as he may fix, for obtaining a decision regarding the question.

(3)  On the filing of a civil suit by the party required so to do within the specified period, the Revenue Officer shall suspend further action on the application for partition till the said civil suit is decided by the Court and a copy of the Court’s order is produced before him.

(4)  In case the party so required fails to file a suit within the specified period, the Revenue Officer may proceed with the partition and decide the question of title himself.

(5)  Where the Revenue Officer himself proceeds to determine the question, the following rules shall apply, namely:-

(a)  If the question is one over which a Revenue Court has jurisdiction, the Revenue Officer shall proceed as a Revenue Court under the law for the time being in force.

(b)  If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenue Officer shall be that applicable to the trial of an original suit by a Civil Court, and he shall record a judgement and a decree containing the particulars required by the Code of Civil Procedure 1908 (Act V of 1908), to be specified therein.

(c)  An appeal shall lie from the decree of the Revenue Officer under clause (b) as though that decree were a decree of a Civil Judge in an original suit.

(d)  Upon such an appeal being made, the District Court or the High Court, as the case may be, may issue an injunction to the Revenue Officer requiring him to stay proceedings pending the disposal of the appeal.

(e)  From the appellate decree of a District Court upon such an appeal, a further appeal shall lie to the High Court, if such further appeal is allowed by the law for the time being in force.

Disposal of other questions.–

(1) When there is a question as to the property to be divided, or the mode of making a partition, the Revenue Officer shall, after such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.

(2)  An appeal may be preferred from an order under sub-section (1) within thirty days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the Revenue Officer by the authority to whom the appeal has been preferred, the Revenue Officer shall stay further proceedings pending the disposal of the appeal.

(3)  If an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his share, he shall be permitted to withdraw therefrom on such terms as the Revenue Officer thinks fit.

(4)  When an applicant withdraws under the provisions of sub-section (3), the Revenue Officer may, where the other applicants, if any, desire the continuance of the proceedings, continue them in so far as they relate to the partition of the shares of those other applicants.

Administration of property excluded from partition.– When any such property as is referred above is excluded from partition, the Revenue Officer may determine the extent to and the manner in which the co-shares and other persons interested therein may make use thereof, and the proportion in which expenditure incurred thereon and profit derived therefrom are, respectively, to be borne by and divided among those persons or any of them.

Distribution of revenue and rent after partition.–

(1) The amount of revenue to be paid in respect of each of the holdings into which land has been divided on a partition shall be determined by the Revenue Officer making the partition.

(2)  The decision of the Revenue Officer under sub-section (1) as to the revenue to be paid in respect of each holding shall, where the estate in which the holding is situate is subject to a fixed assessment, be deemed to be an order under sub-section (1) of section 67 of Land Revenue Act.

(3)  Where new estates have been created at a partition and the land-revenue has been fraudulently or erroneously distributed among them, the Board of Revenue may, within twelve years from the time of discovery of the fraud or error, order a new distribution of the land revenue among the several estates, on an estimate of the assets of each estate at the time of the partition to be made conformably to the best evidence and information procurable respecting the same.

Instrument of partition.– When a partition is completed, the Revenue Officer shall cause an instrument of partition to be prepared and the date on which the partition is to take effect to be recorded therein.

Delivery of possession of property allotted on partition.– An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties to the proceedings and their legal representatives, and a Revenue Officer shall, on application made to him for the purpose by any such owner at any time within three years from the date recorded in the instrument of partition under section 145 of Land revenue Act, give effect to that instrument so far as it concerns the applicant as if it were a decree for immovable property.

Affirmation of partition privately effected.–

(1) In any case in which a partition has been made without the intervention of a Revenue Officer, any party thereto may apply to a Revenue Officer for an order affirming the partition.

(2)  On receiving the application, the Revenue Officer shall enquire into the case, and if he finds that the partition has in fact been made, he may make an order affirming it and proceed, in the same manner as if the partition had been made on an application to himself under this Chapter.

Power to make rules as to cost of partition.– The Board of Revenue may, with the previous approval of Government, make rules for determining the costs of partitions under this Chapter and the mode in which such costs are to be apportioned.

Re-distribution of land according to custom.– When by established custom, any land in an estate is subject to periodical re-distribution, a Revenue Officer may, on the application of any of the land-owners, enforce the re-distribution according to the custom, and for this purpose may exercise all or any of the powers of a Revenue Officer in proceedings for partition.

Officers who may be empowered to act under this Chapter.– The Revenue Officer by whom proceedings may be taken under this Chapter shall be a Revenue Officer not below an Assistant Collector of the First Grade.

Birth Registration of Child, Laws and Procedure in Pakistan.

Birth Registration is a fundamental right of a child recognized by Convention on the Rights of the Child (CRC), the first legally binding international instrument to incorporate the full range of human rights. A child’s birth has to be legally registered and the parents must acquire the birth certificate of their newly born child.

National Child Policy:

Right to Life and Liberty, Name and Nationality:  Every child has a right to life, liberty, a name and to acquire a nationality

The Birth, Marriage and Death Registration Act 1886, states that Provincial Governments shall establish general registry office for keeping such certified copies of registers of birth and deaths registered under this act.

The Cantonments Act 1924, deals with registration of children in cantonments.

The Local Government Ordinance 2001, holds the Union administration responsible to maintain the registration system and record of births, deaths and marriages and to issues certificates.

National Database Registration Authority Ordinance 2000, stipulates the registration of a citizen under 18 years by his/her guardian/ parent, not later than one month after his/her birth.

The National Registration Act 1973, was promulgated by the government to introduce the concept of issuance of a national identity to every citizen of Pakistan above the age of 18 years. Under the Act, all citizens of Pakistan, regardless of whether they are in Pakistan or abroad, are required to register the births and deaths of their children with the concerned officer.

Charter of Child Rights Act, 2009: Article 5. (1) The Provincial Governments shall ensure that every child is registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his parents.

International Commitments:

Convention on the Rights of the Child

Article 7 (1). The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents.

  1. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular, where the child would otherwise be stateless.

Legal Procedure and Mechanisms:

To make the birth registration procedure efficient parents are directed to get their children registered in respective NADRA office, union council and cantonment board.

Birth Certificates

A birth certificate in Pakistan is a legal proof of a person’s date of birth, parentage and place of birth. A Birth Certificate is actually an evidence that documents the birth of a child. The term “birth certificate” can refer to either the original document or a certified copy of or representation of the original record of birth.

How  to get Birth Certificate Pakistan?

Those who do not have their birth certificate, or they have lost it, or often a birth certificate of a family member is required by authorities. The possible ways of obtaining a birth certificate in Pakistan is either the birth registration authority (mostly local Union Council) at the original place of birth should be approached and requested a certified duplicate copy, or alternatively a birth certificate can be obtained by making an application to the National Database Registration Authority (NADRA) which will issue a computerized copy of birth certificate. Under your legal authorization, we can assist you obtain a birth certificate through any of the above procedures.

A thorough search will be done on the records of the Municipality office based on the Parent’s name and applicant’s date of birth in the related Union Council / Municipal Corporation of the place of birth to find whether the birth is registered at the office or not. If the birth certificate was registered with a name, then the certificate will be issued by as per the details available in the records of the Govt. office. In majority of the cases, where the birth was not registered at the time birth and the name would not have been mentioned at the time of birth. In such cases birth is registered with late registration fee, the name can be included by submitting a name inclusion form along with an affidavit from parents/relative and copies of the school certificates (X or XII), residence proof of parent/applicant and the applicant’s passport. But rules for late registration of Birth may be different in different cities of Pakistan. For example in Karachi birth up to 1975 can be registered with late registration fee/year since the year of birth to obtain NADRA Computerized Birth Certificate.

Law and Procedure of Second Marriage in Pakistan?

The Muslim Family Laws Ordinance, 1961  prescribed the law about polygamy, permission to second marriage and complaints

POLYGAMY.

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

West Pakistan Rules under Muslim Family Laws Ordinance 1961 prescribed the procedure of second marriage and complaints.

POLYGAMY

14. In considering whether another proposed marriage is just and necessary during the continuance of an existing marriage the Arbitration Council any, without prejudice to its general powers to consider what is just and necessary, have regard to such circumstances, as the following amongst others :

Sterility, physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife.

15. An application under sub-section (1) of section 6 of permission to contract another marriage during the subsistence of an existing marriage shall be in writing, shall state whether the consent of the existing wife or wives has been obtained thereto, shall contain a brief statement of the grounds on which the new marriage is alleged to be just and necessary, shall bear the signature of the applicant, and shall be accompanied by a fee of one hundred rupees.

COMPLAINTS

21. No Court shall take cognizance of any offence under the Ordinance or these rules, save on a complaint in writing by the Union Council, stating the facts constituting the offence.

Legal Amendments

Punjab substitution of rule 21 : (Notification No.S.O. X-1-1975-Vol. ll-Punjab Gazette, Extra, 26th November, 1976).

21. No Court shall take cognizance of any offence, under the Ordinance or these rules save on a complaint in writing by the aggrieved party, stating the facts constituting the offence.’

What is the age of “PUBERTY” in Girls and Boys?

Medical Encyclopedia: Puberty

Definition

Puberty is the period of human development during which physical growth and sexual maturation occurs.

Description

Beginning as early as age eight in girls—and two years later, on average, in boys—the hypothalamus (part of the brain) signals hormonal change that stimulates the pituitary. In turn, the pituitary releases its own hormones called gonadotrophins that stimulate the gonads and adrenals. From these glands come a flood of sex hormones—androgens and testosterone in the male, estrogens and progestins in the female—that regulate the growth and function of the sex organs. It is interesting to note that the gonadotrophins are the same for males and females, but the sex hormones they induce are different.

In the United States, the first sign of puberty occurs on average at age 11 in girls, with menstruation and fertility following about two years later. Boys lag behind by about two years. Puberty may not begin until age 16 in boys and continue in a desultory fashion on past age 20. In contrast to puberty, adolescence is more of a social/cultural term referring to the interval between childhood and adulthood.

Dictionary: pu·ber·ty

The stage of adolescence in which an individual becomes physiologically capable of sexual reproduction.

World of the Body: puberty

Puberty marks the point in human development where both males and females gain the capability to procreate. Puberty occurs during adolescence, which begins as early as age 10 and is usually completed by age 17. For girls, a rising level of oestrogen (female hormone) sets the process in motion. Pelvis and breast development are followed by a spurt in height and then the growth of underarm and pubic hair. Finally, menarche, the beginning of the first menstrual cycle, occurs. Ovulation does not automatically coincide with menarche. It may take as many as forty cycles for ovulation to become a regular part of the menstrual cycle. Though they are uniform in order, the age of onset, pace, and duration of these changes vary widely from one individual to another. Since the beginning of the twentieth century, the average age of first menstruation has declined. In the US, it decreased from about 14 years old in 1900 to 12 years old in 1975. Scientists attribute this change to better living standards, particularly in regard to diet. In males a sharp increase in androgen (male hormone) and growth hormone spawns skeletal development, followed by the lowering of the voice, the growth of facial hair, increase in sex organ size, height, spermatogenesis, and muscle development. The outward physical signs of puberty tend to occur earlier in girls than in boys, particularly the growth spurt.

Food and Fitness: puberty

The period between the first appearance of pubic hair and (in females) the first menstrual flow, or (in males) the first development of active sperm. The age of puberty varies: in females it is usually between 9 and 15 years, and in males between 11 and 14 years. During puberty, young people undergo quite dramatic physical and psychological changes. Regular, well-structured exercise and sport can help them to cope with these changes by providing emotional and physical release. Involvement in sport can also encourage personal responsibility for health and an interest in sound nutrition. In addition to its cardiovascular benefits, regular aerobic exercise may also help to ease menstrual pain in girls. Despite all these advantages, some types of exercise are dangerous during puberty because bones are still growing and the cartilaginous growth zones (epiphyseal discs) are easily damaged. Consequently, hard anaerobic exercise and training with heavy weights should not take place until two years after the final growth spurt, which may be any time between 10 and 18 years. Excessive aerobic activity, such as long-distance running, can also place intolerable stresses on joints and soft tissues causing permanent damage.

Thesaurus: puberty noun

The time of life between childhood and maturity: adolescence, greenness, juvenescence, juvenility, salad days, spring, youth, youthfulness. See youth/age/maturity.

Antonyms: puberty

Definition: young adulthood

Antonyms: adulthood

Dental Dictionary: puberty

The age at which the reproductive system becomes functional, with concurrent development of secondary sex characteristics. Marked by increased estrogenic activity in the female and rise of androgenic activity in the male.

Children’s Health Encyclopedia: Puberty

Definition

Puberty is the period of human development during which physical growth and sexual maturity occurs.

Description

The word puberty is derived from the Latin pubertas, which means adulthood. Puberty is initiated by hormonal changes triggered by a part of the brain called the hypothalamus, which stimulates the pituitary gland, which in turn activates other glands as well. These changes begin about a year before any of their results are visible. Both the male reproductive hormone testosterone and female hormone estrogen are present in children of both sexes. However, their balance changes at puberty, with girls producing relatively more estrogen and boys producing more testosterone.

Beginning as early as age eight in girls—and two years later, on average, in boys—the hypothalamus signals hormonal change that stimulates the pituitary. In turn, the pituitary releases its own hormones called gonadotrophins that stimulate the gonads and adrenals. From these glands come a flood of sex hormones—androgen and testosterone in the male, estrogen and progestin in the female—that regulate the growth and function of the sex organs. It is interesting to note that the gonadotrophins are the same for males and females, but the sex hormones they induce are different.

Britannica Concise Encyclopedia: puberty

In human physiology, the period of first becoming capable of reproducing sexually. Occurring at about age 12 in girls and age 14 in boys, puberty is characterized by the maturing of the genital organs, development of secondary sex characteristics, and, in girls, onset of menstruation. Both sexes experience a swift increase in body size and changes in body shape and composition. Puberty marks the beginning of adolescence.

Sports Science and Medicine: puberty

pubescence

A period in the life course between the appearance of pubic hair and, in females, the first menarche, or, in males, the first development of sperm. Puberty varies, but in females it usually occurs between 9 and 15 years, while in males it usually occurs between 11 and 14 years.

Columbia Encyclopedia: puberty

(pyū’bərtē) , period during which the onset of sexual maturity occurs. It usually takes place between the ages of 10 and 15 in both sexes but sometimes occurs as early as 7 or 8 years of age in females. The pituitary gland secretes hormones that stimulate enlargement and development of the sex organs, which thus become capable of reproduction. The appearance of secondary sex characteristics also occurs during puberty. In females the reproductive cycle of ovulation and menstruation begins, pubic hair appears, and development of the breasts and other body contours takes place. Physical changes in males include production and discharge of semen, appearance of facial and body hair, and deepening of the voice. Skin difficulties, such as acne, may affect both sexes. Puberty, a transition period coinciding with adolescence, involves both physiological and psychological adjustments. It is often marked by emotional stress arising as the adolescent relinquishes childhood behavior patterns and adopts those of an adult.

Psychoanalysis: Puberty

Puberty was originally defined anatomically and physiologically as the appearance of secondary signs of sexual maturation that mark the beginning of the adolescent process which will put an end to the period of childhood that had been prolonged by the period of latency. The concepts of puberty and adolescence have been increasingly considered as belonging to the field of psychoanalysis only progressively.

Veterinary Dictionary: pubertal

Pertaining to or emanating from puberty.

* p. period — the period approaching puberty when gonadal function, accessory sex gland function and behavior develop to the point where reproduction is possible.

Puberty refers to the process of physical changes by which a child’s body becomes an adult body capable of reproduction. Puberty is initiated by hormone signals from the brain to the gonads (the ovaries and testes). In response, the gonads produce a variety of hormones that stimulate the growth, function, or transformation of brain, bones, muscle, skin, breasts, and reproductive organs. Growth accelerates in the first half of puberty and reaches completion by the end. Before puberty, body differences between boys and girls are almost entirely restricted to the genitalia. During puberty major differences of size, shape, composition, and function develop in many body structures and systems. The most obvious of these are referred to as secondary sex characteristics.

In a strict sense, the term puberty (and this article) refers to the bodily changes of sexual maturation rather than the psychosocial and cultural aspects of adolescent development. Adolescence is the period of psychological and social transition between childhood and adulthood. Adolescence largely overlaps the period of puberty but its boundaries are less precisely defined and it refers as much to the psychosocial and cultural characteristics of development during the teen years as to the physical changes of puberty

Child Custody

Child Custody in Pakistan

Legal Query: Mr. Karamat Ali serving in U.A.E, married with Asifa according to Muslim Rights and Sunah and out of this wedlock a child Mohammad Nouman Karamat born who is 5 years old now and presently in the custody of the Mother.The wife dissolved her marriage against the petitioner on the basis of Khula and subsequently entered into second marriage. The father filed a petition under section 25 of the Guardian and Wards Act for the permanent custody of his minor son. He pleaded that he is entitled to the permanent custody of his minor  on the following grounds:

That after taking the custody of the minor son the mother entered into a second marriage and cohabiting with her second husband.

The minor being real son belongs to the sect of his father, but the step father belongs to other sect which fact may cause serious impact on the social teachings of the minor.

That the mother and the step father both are working professionals and don’t have much time for taking the care of the minor.

That after the divorce mother intentionally not allowing the minor to talk with his father through phone or Skype which stifled the father’s rights to supervise the custody of his son.

That the step father has already another wife and children and such family environment is not beneficial for social well being of the minor.

On the other hand the father is working abroad and financially sound person who can provide high quality of life and environment to his minor son.

That the minor is very attached to his father and father financially supporting  to the minor by sending money every month and visited his son frequently to Pakistan.

That the minor is very much familiar and attached with the extended family of his father in UAE and joining of minor with them will cause very good impact on his social brought up.

That the father has lot of financial resources to provide high quality education to his son in the best schools of foreign country.

The father prayed that by keeping in view the welfare of the minor the mother may be directed to produce the minor in court and the permanent custody of the minor may kindly be handed over to the father. The Guardian Court has issued the notice to wife for production of the minor in court.

legal Advice: According to me the father has very good case for taking the custody of the minor, he should continue to visit and maintain his minor son during the custody litigation.