A Comprehensive FAQ
City Laws Associates is involved in providing services and assistance to our valued clients in buying and selling of both movable and immovable properties & real estate in Pakistan. We also provide our services to facilitate the required permissions, etc. for setting up various industries, factories, commercial complexes, industrial and residential estates, etc. across Pakistan.
City Laws Associates offers a broad spectrum of services in property & real estate in Pakistan including following:
- Investigate & verify title documents of the property
- Investigate & verify mutation in favor of the vendor
- Obtain a fresh copy of Fard (فرد) from relevant sub-registrar
- Obtain a certified copy of Aks-Shajra (map)
- Obtain a certified copy of Tatima/Supplementary Map of the property
- Demarcation details
- Drafting of the documents
- Registration of conveyance deed
- Transfer of title
- Entries in relevant government record
- Obtain a NOC, if necessary
- Verification of the Power of Attorney of the vendor, if any
- Verification of other documents e.g lease deeds, mortgage deeds, gift deeds etc., if any
Disclaimer: The information provided here is for general guidance only and should not be considered as legal advice. For property and real estate legal advice and consulting, please contact City Laws Associates.
Aks-Shajra and Fard Malkiat:
– Q. What is Aks-Shajra?
– A. Aks-Shajra is an image of a specific piece of land, defining its boundaries on a map or plan of an estate or village.
– Q. What does Fard Malkiat mean?
– A. Fard Malkiat, also known as Record of Rights, maintains records of various property rights in immovable property.
Mutation and Tattima Registry:
– Q. What is Mutation (Intiqal)?
– A. Mutation is an order by a revenue officer to alter an entry in the record of rights for a property.
– Q. What does Tattima Registry mean?
– A. Tattima Registry is a supplementary sale deed in a specified area.
Khasra and Khasra Gardwari:
– Q. Define Khasra.
– A. Khasra is a piece of land with specific measurements and a number.
– Q. What is Khasra Gardwari?
– A. Register Kharsa Gardwari is maintained for recording possession/cultivation details.
Survey and Conveyance Deed:
– Q. What is a Survey?
– A. A survey is a map showing legal boundaries, property features, and physical features.
– Q. Is Mutation a title document?
– A. No, Mutation is not a title document.
– Q. What is a Conveyance Deed or Sale Deed?
– A. A Conveyance Deed transfers property ownership from a seller to a buyer.
Legal Safety Precautions for Property Buyers:
– Q. What precautions should be taken before buying property in Pakistan?
– A. Thoroughly investigate the title, obtain original title documents, check mutation, and ensure a registered power of attorney if applicable.
Real Estate Laws in Pakistan:
– Q. What laws deal with real estate in Pakistan?
– A. The Transfer of Property Act, 1882, Land Revenue Act, 1967, Stamp Act, 1899, and Registration Act, 1908.
Buying Property by Companies and Foreigners:
– Q. Can corporate bodies use residential properties as office space?
– A. It is illegal. Service-based industries may operate from residential areas.
– Q. Can foreigners buy property in Pakistan?
– A. Yes, after completing legal formalities.
Inheritance Laws and Transfer of Property:
– Q. What inheritance laws apply in Pakistan?
– A. Depends on religious affinities. Muslims follow Personal Laws, others follow their respective personal laws.
– Q. Is the transfer of every immovable property registered in Pakistan?
– A. Yes, for properties valued at Rs 100 or more, a registered sale deed is necessary.
Power of Attorney and Ownership Documents:
– Q. What is Power of Attorney?
– A. Power of Attorney is authority given to an agent for various acts, either general or specific.
– Q. Can the person holding Power of Attorney transfer property in his name?
– A. No, a person with Power of Attorney acts on behalf of the principal.
– Q. Can I revoke my Power of Attorney?
– A. Yes.
– Q. When does a Power of Attorney get cancelled?
– A. Automatically on the death of the principal or when cancelled by the principal.
Essential Documents for Property Ownership:
– Q. What documents are required to legally own a house?
– A. Deed verifying transfer (sale deed, allotment letter, sale certificate).
Buying a Flat under Construction:
– Q. What papers should I check when buying a flat under construction?
– A. Approved plans, land ownership, building bylaws compliance, and specifications in the agreement.
Gift, Will, and Stamp Duty:
– Q. What are the essentials of a Gift?
– A. Offer by the donor, acceptance by the donee, and delivery of possession.
– Q. Is a Gift revocable?
– A. Yes, except when made to a person in a prohibited degree.
– Q. What are the distinguishing features of a Gift from a Will?
– A. Gifts are effective in the lifetime, while wills take effect after death.
Property Transfer and Stamp Duty:
– Q. Can immovable property be sold while mortgaged?
– A. No, immovable property cannot be sold.
Legal Verification before Property Purchase:
– Q. What documents should one check before buying property?
– A. Approved layout and building plans, ownership documents, deeds of title, encumbrances, and tax receipts.
Approved Building Plan:
– Q. How to get an approved building plan, and why is it necessary?
– A. An approved building plan is obtained from the concerned Building Control Authority before construction to avoid violations.
Land Record Maintenance and Co-sharer Selling:
– Q. Who maintains land records in Pakistan?
– A. District administration revenue department.
– Q. Can a co-sharer sell the property?
– A. Yes, but only to the extent of their share unless explicitly consented by other co-sharers.
Drafting Sale Deed and Safety Measures:
– Q. Whether a sale deed drafted by a non-specialist is reliable?
– A. No, a sale deed must be drafted by a lawyer with knowledge of relevant property laws.
– Q. What safety precautions should be taken before buying property?
– A. Investigate title, obtain original documents, check mutation, and ensure necessary legal compliance.
Please do not hesitate to contact us for any property or real-estate related legal services in Pakistan.
