How to Check and Transfer Property Ownership in Pakistan

How to Check and Transfer Property Ownership in Pakistan — Practical Guide

Clear steps, documents checklist and practical tips to verify title, avoid common pitfalls, and complete a lawful property transfer.

Buying or transferring property is one of the biggest transactions most people make. To avoid disputes, fraud and unexpected liabilities you must perform due diligence before completing a transfer. This guide explains how to check ownership (title verification) and how to legally transfer property in Pakistan — covering sale, gift, inheritance and mutation (intiqal).

Step 1 — Identify the property and gather basic details

Start with precise identifiers: full postal address, plot / khasra / survey number, block/sector, size (sq. ft. / kanal / marla), and current owner's name as shown on documents. If the property is in a housing society, note the sector and plot number; if rural, record the village and khasra number.

Step 2 — Check title at the relevant authority

Property records in Pakistan are maintained by two sets of authorities — revenue (land) records and registration (sub-registrar) records. Verify both.

1. Revenue record (Fard / Jamabandi / Khasra): Visit the local revenue office (patwari/tehsildar) or use the province’s online land-records portal (where available) to obtain a certified copy of the Fard/Jamabandi. This shows the recorded owner, share, and any prior mutations.
2. Registration record (Registered sale deed): Check the sub-registrar office to confirm whether a sale deed, gift deed or mortgage was registered against the property. Ask for a certified copy or extract of the registered instrument.

What to look for:

• Does the seller named on the sale deed match the current revenue record (Fard)?
• Are there any mortgages, attachments, or caveats listed against the property?
• Is the property part of any litigation (court orders, stays)?
• For societies: confirm plot allotment, development charges paid, and NOC status.

Step 3 — Verify encumbrances, taxes and utility dues

Ask the seller for a written clearance of property tax, electricity/water/SEPCO bills, and any municipal or development charges. Obtain a bank NOC if the property was previously mortgaged. A visit to the sub-registrar and the relevant revenue office will reveal registered charges or attachments.

Step 4 — Check identity and authority to sell

Confirm the seller’s CNIC (and spouse’s CNIC where relevant), and check handwriting/signature against official documents. If the seller acts through a Power of Attorney (PoA), verify:

• The PoA is registered and specifically authorises property transfer.
• The PoA has not been revoked.

Step 5 — Drafting the transfer instrument (sale/gift/settlement)

Choose the correct instrument depending on the transaction:

• Sale deed (transfer for consideration) — most common: prepare a sale agreement and final registered sale deed on stamped paper (stamp value follows provincial law).
• Gift deed — usually requires registration and may attract different documentation.
• Family settlement / partition — used for inherited or joint family properties.

Always instruct a qualified lawyer to draft or review the document to ensure it records boundaries, consideration, mode of payment, and clear warranties of title.

Step 6 — Stamp duty, taxes and payment method

Before registration you must pay applicable stamp duty and registration fees — rates vary by province and by type of transfer. For large transactions, use traceable payment methods (bank transfer or banker’s cheque) and keep receipts. Consult a tax advisor about capital gains tax, withholding tax and any other applicable taxes.

Step 7 — Registration at the Sub-Registrar

Registration is the legal act that completes transfer of immovable property:

1. Present the original sale/gift deed, CNICs of parties, witness CNICs and stamp duty receipts to the sub-registrar.
2. Both parties (or their lawful representatives) should appear for execution and identification.
3. The sub-registrar records the instrument, assigns a registration number and issues a certified copy.

Step 8 — Mutation / Intiqal in revenue record (Fard update)

Registration alone does not automatically change the revenue record. The buyer must apply for mutation (intiqal) at the local revenue office so that the Fard/Jamabandi is updated with the new owner’s name. Mutation typically requires:

• Certified copy of registered deed
• Application to the patwari/tehsildar
• Payment of mutation fees (provincial)
• Publication/notice period where required

Obtain a certified copy of the updated Fard once mutation is complete.

Special cases: inheritance, gift and power of attorney

Inheritance: Transferring property after death usually requires succession proceedings (probate or letters of administration) or a family settlement. Different rules apply if heirs execute a family partition.

Gift: Gift deeds must be registered; tax implications and proofs of donation should be documented.

Power of Attorney: If a PoA was used, ensure that the PoA-holder had valid authority and that the original owner later ratified the transfer (where necessary).

Documents checklist (buyer & seller)

Party	Typical Documents
Seller	Original title documents, CNIC, copy of registered sale deed (if earlier purchase), NOC from bank (if mortgage released), tax receipts
Buyer	CNIC, proof of funds, address proof, any Power of Attorney (if appearing by representative)
Both	Two witnesses (with CNICs), stamp duty & registration receipts, municipal/utility clearance

Important cautions:

• Verify original documents in person — photocopies alone are insufficient.
• Beware of forged or tampered documents — use a lawyer and, if needed, digital forensic checks.
• Confirm there are no pending court orders, attachments, or revenue/municipal liens on the property.

Practical tips to avoid problems

• Always obtain certified copies from the sub-registrar and the revenue office rather than relying on seller-provided copies.
• Use registered bank transfers and save transaction receipts; avoid large cash payments where possible.
• When buying from a housing society, request a written NOC and a statement of development charges paid.
• Keep a complete file (all receipts, registered deed, mutation copy and correspondence) — it will help in any future dispute or resale.
• Consult an experienced property lawyer to perform a title search and draft the transfer documents.

If you suspect fraud or dispute

If you discover forged documents, illegal transfers or a dispute, act quickly: file a police complaint, approach the civil courts for injunctions, and seek forensic verification of documents. A lawyer can help lodge FIRs, prepare civil suits for declaration/cancellation of instruments and apply for interim relief (stay orders).

Final thought: Secure property transfer is a combination of careful verification, correct paperwork, proper payment records and timely registration + mutation. Spend time on due diligence — it is the best defence against later disputes.

Disclaimer: This guide summarises general procedures and is not a substitute for legal advice. Property laws and procedures can vary by province; consult a licensed lawyer for case-specific guidance.