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 difficult.
The good news is that you no longer need to worry about this problem. If you want to know everything you need 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 property transfer is exactly what it sounds like.
WHAT DOES THE TRANSFER OF PROPERTY MEAN?
It is legal to own a property when they have a title to it. In Pakistan, a property transfer involves transferring the title of a landholding from one person to another. There are several 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 property that can be changed.
WHAT IS IMMOVABLE PROPERTY?
Imprisoned property is a type of property that cannot be moved without altering its 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 can sign a contract can legally transfer property ownership in Pakistan. Under the Contract Act 1872, a contract is a binding agreement between two parties.
The following cannot be a party to a contract:
- A Minor. In Pakistan, currently, this is anyone under the age of 18.
- Someone unable to understand the consequences of his actions. This may be due to a permanent or temporary mental disability or other similar reasons.
- Someone legally barred from signing a contract.
Only someone above 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 transparency in a contract.
THE PROCEDURE FOR TRANSFERRING AND SELLING PROPERTY IN PAKISTAN
TOKEN AND BAYANA
This is usually the first step in transferring property in Pakistan. The potential buyer pays a token amount to the seller to indicate their willingness to purchase. Following this, there is a detailed discussion, negotiation, and a series of practical steps for buying a property.
The seller temporarily stops negotiating the sale of the same property with other potential buyers because of this. The token is returned with appropriate deductions if the sale does not happen.
The bayana is usually followed by the token. The token is used for the same purpose as this instrument. It makes things 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 the following:
- The complete details of the property
- The terms of sale of the property
- The total amount of money (in consideration of which the seller agrees to transfer)
- 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. A list of property documents is needed in Pakistan for the sale and transfer of property.
- Recent photos of the two parties involved (buyer and seller)
- Copies of their National Identity Cards (NIC)
- The original title deed of the seller. The title deed is the document that proves the ownership of the seller.
- The ‘Sale deed’. This is the agreement (contract) signed between the buyer and seller, largely considered Pakistan’s most important property document.
The transfer process may require some other documents as well, depending on the concerned property’s location:
- The Fard-e-Malkiat (Record of Rights), also 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.
- 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.
- If you’re interested in a property in a private housing society, you normally also require a letter from the society to effect transfers. This acts as a replacement for a fard document. It would be best to have it before executing 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 to facilitate this task.
When considering buying real estate, several factors need to be considered. One factor that needs 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 want to buy 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 property’s value, the stamp paper’s value will be different. You must pay all due taxes to follow this step as a buyer.
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 a property sale deed 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 must take the sales deed-inscribed stamp paper and all the other documents to the sub-registrar’s office. This is where the sub-registrar hears the parties involved in the trade-off. Once satisfied with the proceedings, the official approves the transaction and registers the deed.
The property is now the legal possession of the recipient.
The transfer is completed when the sale deed is registered with the sub-registrar.
PROPERTY DEALER COMMISSION IN PAKISTAN
No laws 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 property’s value as a commission for each transaction.
Each agent will keep the commission from their client if the buyer and seller have different agents. Sometimes agents’ fees can go as high as 2% of the property’s value.
Regardless of the property price, they might be happy with a fixed amount.
FINDING THE RIGHT PROPERTY FOR YOU
If you want to buy property in Pakistan, 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 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 determine the location’s good and discover all the amenities nearby. Meeting up with the agents, society representatives, owner and neighbours is advisable while you are there.