Registry of property is a crucial point of the real estate sector in any market, and Pakistan is no exception. The Registration Act of 1908 serves as the keystone of property registration in Pakistan.
This legislation is essential in maintaining transparency, protecting property rights, and creating a secure environment for property transactions. Implementing the property registration process in Pakistan can be a difficult task that can take several months and involve multiple interactions with relevant authorities.
This article aims to clarify the differences between property transfer and registration, providing a comprehensive guide to the property registration process in Pakistan.
Table of Contents
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Official and Legal Requirements
The historic Revenue Board, which was founded in 1855 and is in charge of supervising property registration in Pakistan, has provided a thorough list of the paperwork that is required for registration.
- The authentic original title deed, duly executed by the seller
- A letter of sale, which records the sale transaction details
- A Certificate of Objection (NOC) to confirm legal compliance
- A power of attorney document, when applicable, grants legal authority
Difference Between Transfer and Registry of Land
In Pakistan, registering land and transferring land are two different processes related to the ownership and legal documentation of the property. Here’s a detailed description of the distinction between these two:
Transfer of Land:
In Pakistan, the transfer of land includes the transfer of authority or property rights from one party to another through different ways such as sale, gift, inheritance, etc. This process involves the creation of a transfer deed (contract) between the seller and the buyer, as specified in the deal. This legal document is considered the primary proof for lawful purposes.
Land Registration:
Land registration can be regarded as an official way to record a registry. Understanding the Property Transfer Act in Pakistan is vital, as it establishes legal ownership proof and safeguards the rights of the new owner. After executing the transfer, the buyer has to register the land with the relevant authority. This involves submitting forms and payments to the local registrar’s or sub-registrar’s office. The clerk reviews, maintains, and updates land records. This arrangement provides legal recognition, protects ownership rights, and facilitates future property transactions such as mortgages.
Now let us see the details of registering land.
Land Registry in Pakistan
The land registry in Pakistan is necessary for record-keeping related to land ownership and transactions. It comprises the owner’s name, survey number, location, and any obstructions or legal disputes linked with the land.
Normally, a disagreement or dispute arises when people are not aware of the inheritance law in Pakistan.
The land registration provides a detailed overview of land records across the country. This prevents your property from being grabbed by qabza mafias.
The land registry is typically maintained at the district level, with each district having sub-registrar offices. Property owners or buyers must visit the relevant sub-registrar office to register their land or conduct searches for existing records.
Title Investigation
Title investigation is a crucial step in the land registry process in Pakistan. It involves:
- Title search identifies that the seller is the legal owner of the property and is authorized to sell it.
- Assessing obstructions shows any current mortgages, liens, or other financial liabilities associated with the property.
- A title search also identifies any legal disputes or ongoing legal disputes associated with the property, informing the buyer of potential risks.
Engaging Professionals
Performing a comprehensive title search typically necessitates the skills of attorneys or specialists in real estate law. These experts are equipped with the expertise to examine property documents, investigate ownership lineage, and pinpoint any legal concerns or inconsistencies.
Sale Agreement and Stamp Duty
After the confirmation of the property’s status and the buyer is convinced, the following phase leads towards creating and concluding a sale agreement. This contract is a legitimate applicable document that possesses the terms and conditions of the property sale.
Sale Agreement
The sale agreement comprises particulates like both party’s names, complete property details, transaction amount, payment conditions, and any additional terms or clauses that both parties are mutually agreed upon. It’s important to design a transparent and thorough agreement to preserve the interests of both parties.
Stamp Duty
Stamp duty is a tax imposed on certain legal papers, including sale agreements, to ensure a legal binding. The stamp duty fees depict a variation with respect to different provinces in Pakistan and are calculated on the basis of property’s valuation.
Normally, the buyer bounds for the stamp duty payment, a mutual negotiation of both parties can also play a part in some cases. The stamp duty is calculated as a percentage of the property’s worth and is charged by the government.
Registry Inteqal Check
Registry Inteqal or Mutation refers to transferring property ownership records from one person to another. It is done to show the change in ownership due to a sale, inheritance, gift, or any other legal transaction.
A registry inteqal check is to verify that the property’s records have been updated correctly after the transfer.
In real estate transactions, particularly in the context of property ownership, two standard terms that often arise are “registry” and “inteqal.” While both concepts relate to the transfer of property rights, their application and legal implications differ.
People usually get confused about both terms. So here’s a short table highlighting the key differences between registry and inteqal:
| Registry | Inteqal |
| Confirms legitimacy of property ownership | Verifies transfer of ownership from one party to another |
| Refers to official registration of property | Refers to transfer of property ownership records |
| Establishes legal proof of ownership | Verifies transfer of ownership from one party to another |
| Involves initial registration of a property | Verifies transfer of ownership from one party to another |
| Done at the time of property purchase or acquisition | Done after the sale, inheritance, or other legal transactions |
| Includes submission of documents for registration | Requires submission of papers for ownership transfer |
| Provides a registry document as proof of ownership | Provides an updated ownership document reflecting change |
Online Checks for Plot and House Registry
To facilitate accessibility and convenience, the Government of Pakistan has introduced online systems for conducting registry checks. Here are the steps to perform online checks for plot and house registries:
Different provinces in Pakistan have their separate land record management systems. Visit the official website of the relevant area or authority, like the Sindh Land Record Authority (SLRA) or Punjab Land Records Authority (PLRA).
Mention Property Information: Mention the basic details, such as the location of property, plot or house number, or the owner’s name.
Search and Verification: The online system will search the database for the specified property details. It will display relevant records, including ownership information, encumbrances, and ongoing legal disputes.
Print or Save the Results: If the search yields the desired results, you can print the record or save it as an electronic copy for future reference.
Online checks provide a convenient method for accessing registry information. They may only sometimes be completely up-to-date or comprehensive. For critical transactions, it is advisable to visit the relevant sub-registrar office for a thorough search and verification.
Every citizen needs to pay property tax. For instance, if your property is in Punjab, follow told method to pay your tax.
The Significance of Land Registry in Real Estate Transactions
- Land registration safeguards public records of ownership, offering legal preservation for property owners and eradicating fraudulent activities and disputes.
- It enables the safe transfer of property assets via meticulous documentation and validation, ensuring a transparent and lawful procedure.
- Land registration is essential for mortgage and financing applications, enhancing the likelihood of securing a loan and minimizing risks for lenders.
- Efficient land registration supports accurate property evaluations, fostering market stability by diminishing the risk of real estate fraud and ensuring robust underwriting practices.
Obstacles and Frequently Encountered Problems
Property and Ownership Disputes:
Navigating property disputes and probate claims can be difficult, often resulting from unclear property records or conflicting title claims.
Determining legitimate ownership can be a contentious legal issue, leading to registration delays and potential legal battles.
Complex Legal Requirements and Documentation:
Property registration in Pakistan is incredibly complicated and requires many legal documents.
Property owners face many challenges in understanding and preparing the required legal documents, which can lead to errors and application refusals.
Delays in the Registration Process:
Delays can be reflected in various stages of the registration process, including document verification, degree inquiry, and procedures at the Deputy Registry Office.
Fraudulent Activities and Forgery:
Property fraud, which leads to document falsification and impersonation, causes a significant risk.
Property owners seem to be unaware and become victims of fraudulent transactions, resulting in the loss of their valuable real estate assets.
Irregularities in Land Records:
Incorrect or outdated land records can cause discrepancies in property matters.
Resolving these inconsistencies often takes considerable time and effort to successfully register.
Process of Registering Property
Once the sale agreement is finalized, the registration process commences. This process includes submitting necessary documents, paying fees, and taxes. The registrar reviews the documents, issues checks, and renews the land records to present the new ownership details.
Here is a breakdown of the registration process:
- Application Submission:
Both parties, the buyer and the seller, have to file an application for registration of property at the local sub-registrar office. This application must have the original title deed, the sale agreement and any other relevant documents.
The purpose of this application is to kickstart the registration procedure and furnish the essential details to amend the property records.
- Document Verification and Execution:
On receiving the application, the sub-registrar reviews the documents meticulously. The purpose is the confirmation of the authenticity of all necessary documents and that there are no legal issues or complications.
After the completion of the verification process, both the parties are invited to the sub-registrar’s office for the transfer of documents in the presence of reasonable witnesses.
- Transfer of Ownership:
Once the transfer documents are signed, the sub-registrar updates the official property register with the new ownership information. This action finalizes the transfer of ownership, making the buyer the legal proprietor of the property.
After this, the sub-registrar issues an updated ownership document, such as a registry or changed document, with buyer’s name as a proof of the property’s registration.
Remember that all these transfer procedures and requirements can vary across different areas or provinces of Pakistan.
For accurate and current information regarding the land registration process in your specific area, it is recommended to seek guidance from a local property lawyer or visit the relevant sub-registrar office.
Read More: The Advantages of Purchasing a Newly Constructed Home in Pakistan
Conclusion
The property registry in Pakistan is vital to the real estate sector, ensuring transparency, legal protection, and secure property transactions.
Property owners and buyers must understand the importance of registering their properties and the process involved.
With the introduction of online systems, conducting checks for plot and house registries has become more accessible. However, verifying the results obtained online through a visit to the sub-registrar office is crucial for complete accuracy.
By adhering to the registration procedures and utilizing online resources, individuals can confidently navigate the property registry in Pakistan, promoting a transparent and thriving real estate market.