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FAQs about Pakistan Real Estate Sector

26/01/2021

FAQs about Pakistan Real Estate Sector

It is a general practice in most of the developed countries that people sell and purchase properties through lawyers, which is not just a convenience in its own but substantially minimizes the chances of fraud and legal complications. However in Pakistan, buyers and sellers get into this deal themselves without involving a lawyer, thus without verifying the title deeds and legal status of property. This leads to fraud, legal complications and legal battles in several cases.

Real estate experts emphasize involving a practicing lawyer to take care of the legal matters or at least an industrious real estate agent to guide you in the right direction. It will save you from potential fraud and help you secure your investment. However, still there are a number of terms and legalities involved in sale and purchase of properties in Pakistan that every one of us must have basic knowledge of them. The following post encompasses a number of Frequently Asked Questions (FAQs) about Pakistan real estate sector and their answers.

What is Shajra?

Shajra is an elaborated map of an area with land divided into pieces and each particular piece of land is marked by a specific number. Moreover, a shajra includes complete details of each khasra, in terms of its size and location.

Shajra is a specific piece of land or specific khasra number derived from the plan or map of a village or estate and is used to define boundaries of land.

What is Khasra?

A khasra is a specific piece of land that has a particular number and measurements.

What is meant by Fard Malkiyat?

Fard Malkiyat or Fard Malkiat is a record of rights / Register Haqdaran-e-Zameen, maintained by government officials for determination of land owners and the record of rights in the immovable piece of land or property.

What is meant by Tattima Registry?

Tattima Registry means supplementary sales deed of a particular piece of land in an area.

What is the name of the document that creates the title in an immovable property?

The Register Sale Deed, Registry /Baye-Nama, is the document that creates a title in an immovable property.

Which laws generally deal with Pakistani real estate?

There are many laws dealing with Pakistani real estate including The Transfer of Property Act, 1882, Land Revenue Act, 1967, Stamp Act, 1899 and Registration Act, 1908. A lawyer can better guide you on all the laws relating to real estate in Pakistan.

Can residential properties be used as office space by corporate bodies?

It is illegal to run a commercial business from a residential property. However, certain service based industries such as IT services can be operated out of residential areas.

What inheritance laws apply in Pakistan?

Several inheritance laws are applied in Pakistan and most of them depend upon the religious affinities. For instance, Muslim Personal Laws for the Muslims and for people belonging to different religions, their personal laws apply on them.

Can overseas Pakistani buy a property in Pakistan without visiting the country?

Yes, an overseas Pakistani can easily buy a property in the country without visiting the country.

Does transfer of every immovable property need registration in Pakistan?

Yes, every transfer needs to be registered and transfer can only be made through a registered sales deed.

What are the documents I need to legally own a property / house?

All you need is a deed to verify the transfer of property in your favour and it can be the documents including sales deed, allotment letter and sale certificate.

What is power of Attorney?

Power of Attorney is the power assigned to an agent by the principal to conduct an act and deed for and on behalf of the principal. A power of attorney can also be given by the person to another person to appear before the Court, Tribunal and Authority or to buy, sell and maintain real estate. When power is given to perform certain acts in a number of transactions, it is called General Power of Attorney and it must be registered.

Person holding Power of Attorney can transfer property in his name?

No, the person holding power of attorney on your behalf has a fiduciary duty to act in your interest and do what you would do for yourself, if you were able.

Can I revoke my Power of Attorney?

Yes.

Is my Power of Attorney effective after I die?

No, the Power of Attorney will end after the death.

When will Power of Attorney get cancelled?

Power of Attorney gets cancelled on the death of the Executants and it can be cancelled by the Executants.

Can a property be sold while it’s mortgaged?

No, an immovable yet mortgaged property cannot be sold.

What is stamp duty and who is liable to pay it?

Stamp duty is a tax levied by the government of Pakistan on transfer of property and the liability to pay the stamp duty is of buyer, unless the seller commits to pay himself.

Who maintains Land Record in Pakistan?

The land records are maintained by the district administration revenue department, where they also decide ownership and boundary of land or property.

Can I sell a property in which I am a co-sharer?

Yes, you can but only to the extent of your share in the property.

What distinguishes a gift from a will?

A gift can be made during lifetime and becomes effective the moment, it is complete, whereas a will is only effective after the death of the maker. A property owner can gift his entire property to the legal heir in his life time but he cannot make a will to give his entire property to one legal heir only. However, a property owner can make will to give 1/3rd of his property in favour of anyone who is not legal heir of the property and if it is made in the favour of a legal heir, it requires consent of all other legal heirs.

What are the essentials of gift?

The essentials of gift are:

  • Offer by the donor
  • Acceptance by the person to whom gift is being given
  • Delivery of possession
    Note: The script presented here is for the mere purpose of information and knowledge and should not be construed as legal advice. You can email us your feedback regarding this legal piece of information or if you are interested to know more about laws governing Pakistan real estate visit our blog, pakistan's sector or have any other query regarding realty sector at contact@homespakistan.com. Subscribe to our newsletter and spare few minutes to check our Facebook page to stay updated about property market happenings across the country.

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