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Buying property is considered one of the safest and most lucrative investments in Pakistan – and for a good reason. Real estate is one of the fastest-growing industries in the country and is worth an estimated $1.5 trillion. Moreover, it contributes nearly 3% to the GDP. However, despite the grand scope and prospects of the heavily-invested sector, many homebuyers are not aware of the property laws in Pakistan.
The buying and selling of real estate in Pakistan are governed by certain laws that both individuals and organisations need to abide by when making any transactions. However, before we delve into different regulations and acts, let’s quickly discuss the definition of property and what it comprises.
What Is Property?
There is a good chance you have heard people using the terms ‘land’ and ‘property’ synonymously. While it might make sense in certain cases, using these terms interchangeably is usually not the right approach, mainly because property and land are defined differently in the law.
As per the Guide on Land and Property Rights in Pakistan published by UN-Habitat, property generally refers to any ‘tangible or intangible asset that can be possessed or vested in an individual.’ The term ‘tangible’ means the property exists physically such as land, whereas the term ‘intangible’ refers to patents and intellectual property that does not exist physically.
Property in Pakistan is further divided into two categories:
Immovable Properties
It mainly refers to real estate, including plots, houses, apartments, buildings, farmhouses, and more. All structures integrated with or affixed to the land, including wells and rights of ways, also fall under the same category.
Moveable Properties
It refers to assets that can be physically moved from one place to another. For example, your vehicle, jewellery, cash, shares, and valuable goods are all moveable properties. In Pakistan, crops, trees, grass, and fruits that have grown or are growing on a piece of land are also included in this category.
Property Laws in Pakistan
There are four main laws that govern the selling and buying of real estate in Pakistan.
Registration Act 1908
Registration Act 1908 deals with the registration of documents related to immovable properties with the registrar of assurances. It enables prospective buyers to check the registration details of a residential or commercial property before making a purchase. This regulation also encompasses all the necessary instructions for the registration of properties, explained in great detail in fifteen sections.
Furthermore, the act describes where the properties can be registered, the time of presentation of the documents, and the place of presenting the documents. To put it simply, Registration Act 1908 is a comprehensive law that guides buyers and sellers on all matters of real estate registration in Pakistan without any ambiguity.
Please note that all provinces have enacted this law with minor modifications.
Stamp Act 1899
Enacted by the British-Indian government in 1899, the Stamp Act defines and regulates the instruments that can be charged with duty. The act is still applicable in Pakistan as it directly affects the revenue of the government. It mentions in detail the different stamps used in buying and selling of property in Pakistan.
Stamp Act 1899 directs buyers and sellers to pay a certain amount to the government in lieu of the stamp papers used to make the legal agreements of real estate transactions. The stamp rates might change due to the impact of inflation and federal or provincial policies, but the overall regulation instructs individuals to legally validate their real estate investment and sale through the use of stamps.
Land Revenue Act 1967
The Land Revenue Act of 1967 also gives each province its own set of legislations to govern the records of property rights and changes. It also lays out the complete structure and hierarchy of the land and revenue department in Pakistan.
The regulation, which is one of the most important property laws in Pakistan, discusses the various powers allotted to the different land and revenue department offices as well as their due jurisdictions. It also instructs on the collection of land revenue and covers key issues like conducting surveys, marking boundaries, partitions, and arbitrations.
Transfer of Property Act 1882
As the name suggests, the Transfer of Property Act 1882 discusses the process of transferring property in Pakistan. Therefore, this regulation has a direct impact on the buying and selling of real estate in the country.
It also refrains individuals and other entities from transferring immovable property to another person when they are not legally entitled to do so, thus saving the buyer from incurring any losses on disputed land, shop, or residential unit. Furthermore, the Transfer of Property Act 1882 sheds light on the persons eligible to transfer the property, operation of transfer, oral transfer, and what types of properties can be transferred.
This brings us to the end of our guide on property buying and selling laws in Pakistan. If you are seeking more information on the topic, please feel free to check out the property rights of women and the property inheritance laws in the country.
Meanwhile, if you are interested in learning about the latest real estate investment opportunities in your city, please stay connected to Zameen Blog – the best property blog in Pakistan. You can also write to us at blog@zameen.com and visit our Facebook page to find out all about our upcoming property sales events.
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I want to ask u a question relating to property sale and buying. In our village one our relative had two acrs of cultivable land which were attached to my lands. But the owner of this land has sold this land to one of my uncle without informing me. My uncle’s land does not attached directly to the under sale land. According to my opinions I had first rights to buy that land and next was right to my uncle because I have lands directly attached to the soled land. But unfortunately the seller and buyer had completed all the process quietly and hidden without informing me. Since I want to buy that land. Now I want to ask u what is legal status of this soled land and its receipt? Is this not a punishable act of those two parties (my uncle and my relative)?….
Wazir Ali Khan AA
Time duration of Haq Shuffa 120 days, if over after the approval of Registry in favour of purchaser, then you cannot do any thing now. Otherwise you could have obtained stay within stipulated pd of 120 days.
dear wazir ali khan,i face the same problem in swabi.my father and his brothers divided land 30 yrs ago.now my cousin bought land adjacent to my land.i am working out side country in our embassy.give me your phone number or give me mis call ring at 0093-785 292971.regards.Yousafzai
Dear Please Help me
Hmaray gar ki jo zameen hay jab meray Grand father nay khareedi tu un nay apnay name nahi karwai jin say khareedi wo bi foat ho gay ab na hamaray paas zameen kay papers hain or na hi zameen hamaray name hay agr ham sale karain tu jo khareednay wala banda hoo ga kia us kay name hoo jai gi us kay papers ban jain gay Please answer me.
yes thats possible if you can contact meer enterprises they gonna give you direction
Hi, Hasnain, did you the problem sorted out. Please enlighten me as well because I have the same concern.
Many thanks.
Good work
after salaam…my q. is that land revenue department provincial or federal.if provincial, than what is the status of FBR which is ,i think federal as name sudgests
Dear Sir,
We had a pvt. company registered, doing a business of petrol pump. We are three partners (50%/25%/25%) in that company. I am holding 50% of the plus owning the land as well, which is not own by the company. And my partner who has filled the case on me was not in the partner list when company was incorporated, after 6 year of business my partner owning 50% of share sell its 25% of share to the partner who has filled the case on me, so he has being doing business with me for about 5 year knowing every detail Our pump was operation for about 11 years now one of our partner has filled the case on me that I have done fraud with him by not transferring the land to the companies name. In the start it was said that the half of the land is for the pump half will be kept with me. And these all statement were verbally there were no written agreement about the land. and the land which I am owning is my fore father land. Moreover the pump is on the half of the land which is connected to the road and the other half is at the back side. Which said to be mine.
Now he has filled the case of fraud over me by not transferring the land to the company and saying that he has mislead me by saying the land is on the company name plus he is now saying that it was the whole land to be transfer not the half of it and had put a stay on us that we cant sell or do any other activity over there. so i am here to ask you that the stay can be lift off so i can do any other business over there, I am not gona sell it plus i am not gona do any major changes to do business over there. Because I am quite sure that the case will run for the number of year. Its my land so can i do business over there while the case is running. and is there any way to make the court decision faster, the case is on Session Court. The case is running for about 6 months
So Please help me on this case and guide me what to do.waiting for your answer.
Regards.
Dear Sir,
I want to know what, are all the properties in Pakistan not sold but allotted to us by government for 99 year lease?
What happens after 99 years?
Dear sir can you please advice what happens if the seller does not vacate or transfer the property after finishing the time decided in part payment agrement un this case what r the rights of buyer(me)
buyer has paid 30 percent of total value as part payment agreement
i also wanted to know about this matter kindly guide us .
AOA, My query about the foreigners repatriate investment. Can any foreigner of any country invest in Pakistan Real Estate? And what are the rules for foreigners to purchase land in Pakistan? Can foreigner buy land on their own name or they have to involve or show any Pakistani local as partner?
Thanks
Muzzamil
Pls tell about the pre sale agreement (the deails is as ff: my son wants to buy family property and he is asking just presale agreement to submit it to his bank. Could you please advise me in this regard
Please discuss it with Haris Azmat at +92-322-422-8655.
i need help
Hi Everyone.
Does any body know the law of land ownership in Pakistan? My Uncle gave me some part of his land many years ago in Pakistan and verbally gave me his permission to build my house there, but at that there were no registration process took place. then my uncle went to foreign country and can’t come back to Pakistan. I would like to know if I want to get the property registered by my uncle, can I get all the legal documents prepared in Pakistan and my uncle just need to sign the documents, is it possible, what are the other requirement for this whole process. if anyone know please reply.
hi mr shezad plz contact 9one ten property adviser
maray wlid sb ny kuch zameen baichy, bahd ma walid sb ke death ho gai. us ka bad eshtehmal hua tu raqba kam ho gia. check kea tuo mahloom hua keh. zameen za,id ul hisa bik gai the es ko 10 year ho gaiy hain. ab khreedar ketay hain keh dosry zameen say pury ke jay; law k mutabeq lead kerian
Dear Sirs
We are there brothers equal co-owner of land transferred to us by our father. The land shares have not legally of by informal family division has not been agreed. One the brothers got Pat Wari to prepare the Fard with designated map of more valuable parts of the land within his share of the land and sold the land without other co-owners express or otherwise permission.
Please advise what law or legal Act has been violated and whether we could pursue a legal case to make this Land Sales transaction null and void.
The Transfer of property Act 1182 section 44 & 47 apply.
Dear Sirs
We are three brothers equal co-owner of land transferred to us by our father. The land shares have not legally of by informal family division has not been agreed. One the brothers got Pat Wari to prepare the Fard with designated map of more valuable parts of the land within his share of the land and sold the land without other co-owners express or otherwise permission.
Please advise what law or legal Act has been violated and whether we could pursue a legal case to make this Land Sales transaction null and void.
My understanding is the in a Co-Ownership the designated land and cannot be sold unless the seller has express written permission of the other co-owners;
برائے مہربانی راہنمائی فرمائیں کہ زمین کی خریداری پر اسے اپنے نام منتقل کرنے کے لیے کون سے دفتر سے رجوع کیا جائے پٹواری سے یا رجسٹریشن افس سے۔ پٹواری سرکاری فیس کے علاوہ گرداور کے لیے ۲فیصد اور اپنے لیے اس کے علاوہ کا مطالبہ کرتا ہے بتائیں سرکاری فیس کے علاوہ رقم دینے کا کیا جواز ہے
you may contact directly to Registrar (through stamp vendor Registration Agent). Registration Agent will handle this matter and let you get it registered in your name.
Hello! My question is hamara ghar hamare papa ne 20years pehle lhareeda but unhone ne papers apne nam transfer nahi karwaye aj tak, now he is no more with us, also jinse khareedi wobhi nahi, hum do behan bhai hain or 4 step brother and sisters bhi hain, mera sawal hai k ab ye property kiske pas jayegi? Kya koi is property pe succession certificate banwa kar uski authority khud lesakta hai? Or ye property ab kis tarhan divide hogi, plz help
Thanks
Maha
A.o.A we want to sell the land whose registry is owned by my mom… she is agree kindly let me tell the procedure so that i may not get entangled with the fraud people.. because i have no idea how to do this…. Thanks
A.o.A we want to sell land whose registry is owned by by mom … she is agree to sell … i want to know the procedure so that i may not get entangled with fraud people… because i have no idea to deal in land … Thanks.
Check this out: http://www.zameen.com/blog/a-step-by-step-guide-to-selling-your-property.html
I have one question:
Mere uncle_1 nay uncle_2 ka bacha god liya. Wo ab shadi shuda ha aur 2 bachon ka baap hai. Us ka ID abhi tak uncle_2 k name hi hai. It means he is legally son of uncle_2. Ab us nay zabardsti uncle_1 ki tmam property apne nam krwa li hai almost 3 months ago. Uncle_1 ki sirf aik beti hai jis nay apne father ko almost 10 lakh business me b diye thay. Ab busiiness ka malik b wohi larka hai. Kya uncle_1 ki beti fraud case kr skti ha aur usay uska haq mil skta ha because legally tmam property ki mailk to wohi hai.
Hi all! i need expert opinion. I want to buy a house in lahore, in this regard what documents i need to be check to insure that is every thing legal? And after that what is the procedure to buy property.
For a property buyer what are the necessary documents?
Dear All Good Day,
I purchased plot in rawalpindi before 6 years by installment and i paied all installment. Now housing socity start to lavel housing socity land demand 150% more extra price of actual price of plots from custmers. I request my brothers to guied us what is the rolls regulations from the govt ACT and how we can deal with houner of the socity of TAJ RESIDENCIA C/O (TAMIMI GLOBAL CO ) OFFICE IN CENTARIUS TOWER. Thanks
Dear All Good Day,
I purchased plot in rawalpindi before 6 years by installment and i paied all installment. Now housing socity start to lavel housing socity land demand 150% more extra price of actual price of plots from custmers. I request my brothers to guied us what is the rolls regulations from the govt ACT and how we can deal with houner of the socity of TAJ RESIDENCIA C/O (TAMIMI GLOBAL CO ) OFFICE IN CENTARIUS TOWER. Thanks
Aslam Alaikum All,
Can any one suggest me how i can file a case against one of the Consular of federal town Islamabad. because he is creating problems for my family. i want to file the case against him from middle east as i am working in middle east and my family is not safe there.
I have one question:
Mere uncle_1 nay uncle_2 ka bacha god liya. Wo ab shadi shuda ha aur 2 bachon ka baap hai. Us ka ID abhi tak uncle_2 k name hi hai. It means he is legally son of uncle_2. Ab us nay zabardsti uncle_1 ki tmam property apne nam krwa li hai almost 3 months ago. Uncle_1 ki sirf aik beti hai jis nay apne father ko almost 10 lakh business me b diye thay. Ab busiiness ka malik b wohi larka hai. Kya uncle_1 ki beti fraud case kr skti ha aur usay uska haq mil skta ha because legally tmam property ki mailk to wohi hai.
Salam, What is “FRCS”? Can Anyone tell explain?
joint family ki property k liye koi law hai agar hum us property ko sell karna chahte hai or sirf ek partner ho jo nai sell karna chahta or sell bhi usi ki larai wagera ki waja se ho ra hu
Joint Family ki property ko sell karne ka koi law hai jis me sub us property ko sell karna chahte hu bus ek ho jo sell nai karna chahta or sell bhi usi ki waja se kar rahe ho,
esa koi law hai k jis me government help kare us property ko sell karne me
please tell me how portion of houses are getting sold out in karachi, is there any law for it? Also i got a plot at malir cantt contonment board, size of it is 500 Yards….can i split it into two plots? 250 each ? or what would be the best way of distributing it as portions like Floor wise? As per my understanding and research, because it is leased plot and as it is under 600 Yards so can not be split. however i saw KDA 120 yards plot got split legally so really confused.
Appreciate your response on it.
please tell me how portion of houses are getting sold out in karachi, is there any law for it? Also i got a plot at malir cantt contonment board, size of it is 500 Yards….can i split it into two plots? 250 each ? or what would be the best way of distributing it as portions like Floor wise? As per my understanding and research, because it is leased plot and as it is under 600 Yards so can not be split. however i saw KDA 120 yards plot got split legally so really confused.
Appreciate your response on it.
I am living in Europe I have a piece of land (about 16 Kanals) in a small village near Rawalpindi i want to sell this land and take or transfer the money to my account(about 60000 euros) What is the law in Pakistan for taking cash with you, are there any restrictions carrying cash with you when leaving Pakistani airports.
I need your advise please.
Hello Iltaf,
Did your problem get sorted out or are you still looking for advise?
Hello Iltaf,
Did your issue got resolved or are you still looking for some help and advise
sir mai ne zameen stamppaper par kharidi hai . kya mai iska itiqaal kar sakta hu. thanks
Agr aap nay zameen bzria stamp paper Khareedi hay awr intqa krwana caoty hain to aap ko civil suit, TAMEEL-E-MUKHTAS krna pray ga. you may contact Hafeez Ahmad Tariq Ch. Advocate M.A. English cell # 0302-4933040
I have written you many time regarding selling 1kanal plot in military account. No reply from you.
i have purchased a property in Faisalabad, but did not get possession. someone is resident in that property. how can i vacate that property by considering legal ways.
You will have to initiate a case within the local courts for illegal possession. You can get more information at http: //www. bsol. org. pk/property/
You will have to initiate a case in the local courts for illegal possession. please visit http ://www. bsol. org .pk/property/ for more information.
Assalamualikum any one have knowledge about Al qaim city project of ali builders ?? how to check whether there land plots are legalized or not ?
Hey..
Can u plz tell me the rights of co-owner of the Real Estate in Pkaistan? Thanks.
My father had purchased a public limited company alongwith a factory with 100 percent shares. Now there is only land remaining which is under the name of the company on behalf of the seller. What would be the easiest way to transfer that property to an individual.
السلام علیکم
میں نے گاوں میں ایک کنال زمین خریدی ہے جس میں ایک جسرہ سے 13 مرلے جبکہ اس کے فرنٹ سے 41 مرلے پہ مشتمل خسرہ سے 7 مرلے خرید کر اس پہ چار دیواری بناہی پانی کا بور کروایا اور ایک کمرہ بھی بنا ہوا ہے میٹر لگا ہوا ہے اب جب میں باقی چاردیواری کے اندر تعمیرات کرنے لگا تو کسی حصہ دارنے سٹے لے لیا حالانکہ میرے چاردیوارے کے داہیں باہیں اسی خسرہ سےباقی زمین موجود ہے اب میں خریدار ہوں پیسے دے کر زمین خریدی اور یہ زمین بچوں کے پہ ہے جن کی عمریں ابھی دس سال سے کم ہیں مگر سٹے آرڈر میں ان کو قبضہ مافیاء کہا گیا ہے اس سلسلے میں رہنماہی فرماہیں۔۔
Hello, I want to ask a question here.
I just booked a flat which will be finished constructing after 3 and a half years.
I wanted to know which documents must i have in order to keep things legal.
I have plot leased copy in the name of builder and NOCs etc.
He made one file in the name of project and making in the slips in the name of that.
I am concern that there is no any legal paper in between like some band paper etc.
What should i do?