Pakistan has several laws that cover different aspects of real estate, property transactions, and land ownership. These laws provide a framework to ensure fair dealing, transparency, and protection for all parties involved in property matters. Key laws governing property in Pakistan include:
Transfer of Property Act, 1882
Land Revenue Act, 1967
Stamp Act, 1899
Registration Act, 1908
Important Steps When Buying Property in Pakistan
Key Checks Before Purchasing Property
Before buying a property in Pakistan, it’s crucial to follow some important steps:
Verify the Ownership: Confirm the current and previous ownership details of the property. Ensure the original documents are under the seller’s name.
Check Important Documents: Ensure the availability of these documents:
Fard-e-Malqiyat (Ownership Certificate)
Aks Shajra (Map Document)
No Objection Certificate (NOC)
Registered Power of Attorney: If the property is being sold under a power of attorney, it must be registered with the appropriate sub-registrar to prevent any disputes over forged documents.
Buying Property for Business Use
When purchasing property for a business, verify the following:
Confirm with the Securities and Exchange Commission of Pakistan (SECP) if the property is mortgaged or used as security for any loan.
Review the company’s Memorandum of Association to check the authority of the person selling the property.
Check the original title documents and the sale deed to ensure clarity of ownership.
Sale Deed or Conveyance Deed
A sale deed is a crucial legal document that transfers the ownership of a property from the seller to the buyer. It verifies whether the property is linked to a specific society, development authority, or builder.
Tenancy Agreement
A tenancy agreement is a written contract between a landlord and a tenant. This contract allows the tenant to use the landlord’s property for a certain period, and both parties agree on a specific rent amount.
While there is no strict format for a tenancy agreement, it should include:
The names of the landlord and tenant.
The date of the agreement.
How long the agreement lasts.
The agreed rent amount.
The amount the tenant pays upfront, which is returned at the end of the agreement.
The tenancy agreement must follow the rules in the Rented Restriction Act, 2009. It is the landlord’s duty to register the agreement with the Rent Registrar.
Removing a Tenant
A landlord can remove atenant if:
The tenancy agreement has ended.
The tenant does not pay the rent.
The tenant breaks the rules in the agreement.
The property is used for something not agreed upon.
The tenant rents out the property without the landlord’s permission.
Unregistered Tenancy Agreement
If the landlord does not register the tenancy agreement, the Rent Court will not handle any requests unless the landlord pays a fine equal to 10% of the yearly rent to the government.
If the tenant needs legal help, they must pay a fine of 5% of the yearly rent to the government.
Illegal Property Seizure
The Illegal Dispossession Act, 2005, protects property owners from losing their property unfairly. This law is enforced in all provinces of Pakistan.
It helps stop land grabbers, or qabza groups, from taking someone else’s property. If they do, they can face jail time, fines, or both.
To report illegal property seizure:
File a complaint with the Supreme Court, not a civil court.
The Court will order the police and revenue officer to investigate the case.
Our Services
Our online lawyers in Pakistan offer many services for property and land issues, such as:
Buying and selling property.
Registering property.
Dividing property fairly.
Managing legal property matters.
Recovering property possession.
Removing tenants.
Setting or recovering fair rent.
Registering rent agreements.
Handling rent disputes.
Drafting legal agreements.
Filing reports for illegal activities.
Solving boundary disputes.
Stopping property sales.
Managing housing society property sales and divisions.
Handling property division after a sale.
Protecting children’s inheritance.
Managing unlawful property claims.
Handling property division during khula or divorce.
Challenging fake property documents.
Verifying land ownership.
Handling mortgage issues.
Preparing documents for property exchange, sale, or inheritance.
Settling property disputes outside of court.
Our expert property and land lawyers are available 24/7 to provide free legal advice. Contact us by filling out the form, via WhatsApp, or by phone, and we’ll help you with your property questions.
