How To Transfer Land Or Property Ownership In Pakistan

Assuming that you have already finalized a piece of land or a constructed property in Pakistan after carrying out due diligence. Or on other hand, you have found a buyer for your plot or property and want to transfer the ownership to the new owner. With properties being sold without the involvement of lawyers and real estate agents, it is imperative for every individual to learn about basic laws governing the transfer of land or property ownership in this country.

Let’s have a look at the following blog post to get answer to the most basic information about the transfer rules and laws of properties in Pakistan.

Scenarios related to transfer of property in Pakistan



There are few most common scenarios regarding the transfer of property ownership in Pakistan.

1. Property given as a gift to someone
2. Receiving property as an inheritance
3. Selling property and transferring the ownership

These are the few scenarios under which property ownership is transferred to another person but in today’s post, we will discuss the most common one in detail i.e., transfer of land / property ownership after selling.

Property Ownership Transfer stands for

In law, property ownership can be claimed by the one who possesses its title. Thus in legal terms, transfer of property means the transfer of title of ownership from one person to another. And as mentioned few scenarios above, the transfer does not always mean that it is related to sale of property.

However, we will discuss some crucial information in regards to the property transfer after selling. Let’s dig it deep.

Who can transfer a property?

Not everyone has the right to transfer property ownership but only the one who can sign the contract – will be able to transfer the property or land ownership in Pakistan. Contract is a binding agreement between two parties and the following people cannot be a part of any legal contract:

1. A minor – a person under the age of 18
2. Someone who has a permanent or temporary mental disability
3. And someone who is barred from signing a legal contract

The Procedure of transfer of land or property ownership



Token

The transfer procedure starts when an interested buyer pays a small amount as a “token” or in order to show his willingness to purchase a property. This step is followed by negotiation, payment of bayana (which is a significant amount) and a number of practical steps for buying the particular property in Pakistan.

If the token or bayana is accepted by the seller, he will stop advertising and negotiating about the sale of the same property with other buyers. Moreover, if the buyer follows all the required steps (that will be mentioned ahead in the post), the legal property transfer procedure is initiated.

Once the token is accepted and terms are decided, buyer proceeds with bayana to make things official, as this step is completed with a written agreement.

Required documents to complete the transfer procedure

To buy and to get this property transferred, the buyer needs to get hold of all the documents required by law. Here is a checklist:

• Copies of National Identity Cards (CNIC) of both parties
• The original title deed of the seller. It is the document that proves the ownership of the seller.
• The “Sales Deed”. It is the document (contract) that is mutually signed by both parties, in majority of cases on a stamp paper.

If you are transferring a property in a residential society, the rest of the documents may not be asked but depending upon the location of the property, the following document must also be collected.

• The Fard Malkiat also known as Fard. It is a legal document that can be obtained from property registration office. It authenticates that the property does belong to the seller.
• The No-Demand Certificate (NDC). It is the document that indicates that the seller has cleared all the dues of the property. This document can be obtained from the local development authority’s office.
• In case you are buying a property in a residential society, you will be required to obtain a letter from the society office to ensure that property belongs to the said seller. It is also a replacement of Fard Malkiat because the entire land belongs to the private residential society now.

Buying a property in private residential societies is a lot easier because they have simplified the procedures to facilitate the buyers and sellers both. For instance, if you are planning to buy in Bahria Town Lahore, DHA Lahore or DHA Islamabad, the procedure of transferring a property ownership is a lot easier there for buyers and sellers both.

Payment of Taxes

You also need a stamp paper to draft the sales deed and the value of stamp paper depends upon the value of property. And as a buyer, you will also need to clear all the due taxes which are as follows:

• 3% Stamp Duty
• 2% Capital Value Tax
• 1% District Council Fee
• Registration Fee

Once everything is done, you can proceed to write down the sales deed and submit it to the sub-registrar’s office to make things official. Upon being satisfied with the documents and sales deed, the officer will approve the transaction and registers the deed.

The property is in legal possession of the buyer.

That's it from our side for now. You can also check out key points to consider while investing in real estate for a better understanding of the real estate market. Furthermore, here’s a guide on what you should know before calling a real estat agent for your property. 

If you have any other questions about transferring or selling property in Pakistan then you can share your thoughts with us without any hassle by sending an email on info@homespakistan.com.

To learn more about selling, buying and transferring of property in Pakistan, stay connected to HomesPakistan Blog. You are also invited to subscribe to our newsletter and you will recieve  the latest updates, trends and latest happenings about the developments in the property sector of Pakistan.