Property and land Laws in Pakistan
Pakistan has well defined Laws that deal with the real estate matters in Pakistan. These Laws are:
Transfer of Property Act, 1882
Land Revenue Act, 1967
Stamp Act, 1899
Registration Act, 1908
Purchasing a property
Before purchasing a property, the law advises to take care of the following things:
Investigation of the title of the current owner of the property and the previous one as well.
The title of the original documents should be in the name of the seller/vendor.
A fresh copy of the following documents should be readily available:
- Fard e Malqiyat document
- Aks Shaira document
- No-object or non- encumbrance certificate
- if the property is being sold under the attorney of the owner, then a power of attorney must be duly registered with the concerned sub-registrar.
- It is to be noted that the person who holds a forged power of attorney is able to transfer an immovable property even if the title is valid.
Purchasing a property for business
Before making a purchase of a property for a business or company, the following documents should be verified:
Verification from the registrar of SEC of Pakistan whether the property is mortgaged or not
Whether the property is being used as a security against any loan or not
Details regarding the authority of a person to act on behalf of the company for selling of property in the memorandum of association
Original title documents
Sales Deed
The register sales deed or conveyance deed or Baya-Nama is a legal document that provides the title of the immovable property. It is a legal document that conveys the property title from the seller to the buyer. It is an act of transfer of property ownership to the buyer from the seller. This deed assures whether the property buyer is purchasing belongs to any society, developing authority, builder, or not.
Tenancy agreement
The tenancy agreement is a written agreement between a tenant and a landlord. This document is permission from the Landlord to let the tenant use his property or land for a specific period of time under one particular decided amount.
Although there is no decided format for writing a tenancy agreement, the agreement should include the following details:
Name and father name of the Landlord
Name and father name of the tenant
Date of the agreement
Duration of the agreement
Decided amount of rent
Amount to be paid by the tenant at the time of the agreement. This amount is refunded at the end of the tenure of the agreement by the Landlord
Details regarding protection of the property and its maintenance
The tenancy agreement must fulfill the provisions of the Rented Restriction Act, 2009. It is the responsibility of the Landlord to register the agreement before the rent Registrar.
Removal of tenant
A landlord has the right to remove the for the following reasons:
If the duration of the tenancy agreement has expired
If the tenant fails to pay the rent
If the tenant has committed tenancy agreement breach
If the premises are used for a purpose other than mentioned in the agreement
If the premises are sub-let without asking the permission of the Landlord
A Non-registered Tenancy Agreement
If the Landlord fails to register the tenancy agreement with the concerned rent registrar, the rent Court will not entertain any application unless he manages to deposit fine that is equivalent to 10% of the annual rent in the treasury of the Government.
If the tenant needs a legal remedy, he has to deposit a fine equivalent to 5% of the Government’s annual rent in the treasury.
Illegal dispossession of property
The law that protects the rights of the property owners from illegal dispossession in property is the Illegal Dispossession Act, 2005. This law is applicable to all the provinces of Pakistan.
This law protects the lawful owners of immovable property against the land mafia or property grabbers (qabza group). Anyone that acts as a property grabber is punishable with imprisonment or fine or both.
To apply for a case of illegal property dispossession, you need to:
Lodge a complaint in the Supreme Court instead of a Civil Court.
The Court orders the police officer in charge along with the concerned revenue officer to investigate the property dispossession case.
Our services
Our expert online lawyers in Pakistan provide a vast array of services regarding the property and land matters. The services we offer include:
Sale and purchase of property
Registration of property
Distribution of Property
Legal Management of Property Matters
Recovery of Possession of Properties
Ejectment of tenant
Fixation or Recovery of fair rent
Registration of rent deeds
Rent Appeals and Matters of Properties
Landlord / Tenant Disputes
Drafting Relevant Stamp Paper Agreements
Issuing FIR’s for illegalities
Boundary Limit Disputes
Stays on Property
Executing Sales / Division of Property of Housing Societies
Division of Already Sold Property
Ensuring Children Inheritance
Illegal Possession / Claiming Possession of Property
Separation of Property during Khula / Divorce Cases
Challenging Fake Registries and Claims
Verifying Land Ownership
Mortgage Matters
Drafting Papers and Applications for the Exchange / Sale/ Inheritance of Property
Out of Court Arbitration of Land
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