Selling and Transferring Property in Pakistan:Complete Guide
CategoriesProperty Real Estate

If you are a real estate market entrant, you might be wondering how to sell your property in Pakistan. The task, as has long been the complaint of many a property affiliate in the country, can seem like a difficult one.

The good news is that you don’t need to worry about this problem anymore. If you want to know everything you need to know about the property transfer procedure in Pakistan, this is the place for you to go.

However, before we discuss the details about transferring and selling property in Pakistan, take a moment to read through our real estate glossary to comprehend what certain terms such as ‘fard’ and ‘bayana’ mean. 

As it is understood in the country, a transfer of property is exactly what it sounds like.

WHAT DOES THE TRANSFER OF PROPERTY MEAN?

It is legal for someone to own a property when they have a title to it. In Pakistan, a transfer of property involves transferring the title of a landholding from one person to another. There are a number of ways in which this transfer can be done.

The concerns of mortgage, gift deed, lease and exchange can also be included. There can be different kinds of properties involved in the process.

Most of the time, real estate deals with properties that are not apartments. Plot files, as they work in the system, could be considered a kind of property that can be changed.

WHAT IS IMMOVABLE PROPERTY?

Imprisoned property is a type of property that cannot be moved without altering it’s nature. The object is fixed to the ground. Plots, houses, apartments, shops, and all types of built buildings or structures are included in this category.

Impoundable properties include houses, plots, apartments and other structures.

WHO CAN TRANSFER PROPERTY IN PAKISTAN?

Only someone who is able to sign a contract can, legally, transfer property ownership in Pakistan. Under Contract Act 1872, a contract is ‘a binding agreement between two parties’.

The following cannot be a party to a contract:

  1. A Minor. In Pakistan, currently, this is anyone under the age of 18.
  2. Someone who is unable to understand the consequences of his actions. This may be due to a permanent or temporary mental disability, or other similar reasons.
  3. Someone legally barred from signing a contract.

Only someone above the age of 18 who is mentally sound and not legally barred from signing a contract can transfer property in Pakistan. There are certain standards of maturity and lucidity in a contract.

THE PROCEDURE FOR TRANSFERRING AND SELLING PROPERTY IN PAKISTAN

TOKEN AND BAYANA

This is usually the first step in the process of transferring property in Pakistan. The potential buyer pays a token amount to the seller in order to indicate their willingness to purchase. There is a detailed discussion, negotiation, and a series of practical steps for buying a property following this.

The seller temporarily stops negotiating the sale of the same property with other potential buyers because of this. If the sale does not happen, the token is returned with appropriate deductions.

The bayana is usually followed by the token. The token is used for the same purpose as this instrument. It makes things slightly more official, as it usually comes with a written agreement.

Below, we’ve listed the details of the property sale agreement form in Pakistan. It  is attached with the bayana and includes:

  1. The complete details of the property
  2. The terms of sale of the property
  3. The total amount of money (in consideration of which the seller agrees to transfer)
  4. The date on which the buyer is bound to pay the remaining sum (after bayana and token)

REQUIRED DOCUMENTS FOR TRANSFERRING OR SELLING PROPERTY IN PAKISTAN

Before you can sell or transfer property in Pakistan, you need to get all your documents in order. There is a list of property documents that are needed in Pakistan for the sale and transfer of property.

  1. Recent photos of the two parties involved (buyer and seller)
  2. Copies of their National Identity Cards (NIC)
  3. The original title deed of the seller. The title deed is the document that proves the ownership of the seller.
  4. The ‘Sale deed’. This is the agreement (contract) signed between the buyer and the seller, largely considered the most important property document in Pakistan.

The transfer process may require some other documents as well, depending on the concerned property’s location:

  1. The Fard-e-Malkiat (Record of Rights), also simply known as the ‘fard’. The seller can obtain this form from the property registration office. It is a guarantee (from the said authority) that the property belongs to the seller.
  2. A Non-demand Certificate (NDC). This document shows that you don’t owe any dues on the property. Depending on the property’s location, you can get it from your local development authority office.
  3. In case you’re interested in a property located within a private housing society, you normally also require a letter from the society to affect transfers. This basically acts as a replacement for a fard document. You need it before you can execute the sale deed.

Societies generally make the transfer process a lot easier for sellers and buyers.

They often have a very detailed and organized system in place to facilitate this task.

When considering buying real estate, there are several factors that need to be taken into account. One of the factors that need to be considered when investing in DHA, Islamabad is the transfer process for the property.

You can go through the property transfer procedure in Bahria Town, if you are interested in buying a property in Bahria Town, Bahria Town Karachi, Bahria Town Lahore or Bahria Town Rawalpindi.

ACQUISITION OF STAMP PAPER AND PAYMENT OF TAXES

The contract for sale needs a stamp paper to be written. Depending on the value of the property, the value of the stamp paper will be different. As a buyer, you need to pay all due taxes to follow through with this step.

Take note of the following tax breakdown:

  • 3% Stamp Duty
  • 2% Capital Value Tax
  • 1% District Council Fee
  • Fixed registration: usually PKR 500

WRITING THE SALE DEED

If you want to draft the sale deed of the property in Pakistan, you should hire a deed writer or lawyer. The things that need to be included in a deed are something they have experience with. This can help prevent future problems between the parties.

However, it is not compulsory. The deed can be easily written down by you as well. You can find property sale agreement formats in Pakistan on the internet. The Punjab Land Record Authority has a portal that you can use to find them.

EXECUTION OF SALE DEED

You have to take the sales deed-inscribed stamp paper, along with all the other documents, to the sub-registrar’s office. This is where the parties involved in the trade-off are heard by the sub-registrar. The official approves the transaction and register the deed once they are satisfied with the proceedings.

The property is now the legal possession of the recipient.

The transfer is completed when the sale deed is registered with sub-registrar.

PROPERTY DEALER COMMISSION IN PAKISTAN

There are no laws that govern the work of real estate dealers and agents in the country. Property dealer commissions in Pakistan are a matter of custom and can be very variable. The usual practice for real estate agents is to demand 1% of the value of the property as commission for each transaction.

Each agent will keep the commission from his own client if both the buyer and seller have different agents. Sometimes agents’ fees can go as high as 2% of the property’s value.

They might be happy with a fixed amount, regardless of the property price.

FINDING THE RIGHT PROPERTY FOR YOU

If you want to buy property in Pakistan, you should know that your research can make a difference. The listings page is a good place to start, as it can help you find the right property at the right location and amenities. You can check out the property listings for different areas, projects or housing schemes and compare the prices. Take a look at any photos and videos that have been provided. If you want to discuss your options with the agents/owners of the properties listed, you can call or email them.

It is highly recommended that you visit their sites in person once you have narrowed it down to a few good choices. This step will help you figure out how good the location is and discover all the amenities nearby. It is advisable to meet up with the agents, society representatives, owner and/or neighbours while you are there.

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