Unlike Pakistan, many people in foreign countries sell and buy property through lawyers. Hiring a lawyer yourself is a very mobile process, but ultimately it reduces the risk of fraud and helps avoid legal complications. We in Pakistan rarely go to lawyers for property. We either do it ourselves or do it with inauthentic real estate. This practice leads to fraud and illegal deals many times over.
The real estate gurus always recommend involving a practical lawyer to take care of the legalities involved in real estate or at least an authentic real estate agent to completely guide you through the process. This will not only help you avoid potential fraud, but will also help you secure your investment.
The number of complications in real estate is very high. That’s why we always recommend our readers to have a basic knowledge of real estate-related things and terminology.
Today we will discuss some of the most frequently asked questions about the real estate market.
1) What is Shajra?
A detailed map of an area with land divided into pieces and each block is labeled with a specific number is called Shajra. Shajra includes all the details of each khasra, such as its size and location.
2) What is Khasra?
Khasra is that particular piece of land of Shajra that has been labeled with a specific number.
3) What does fard e milkiyat mean?
Fard e milkiyat is a registry of rights/registry haqdaran-e-Zameen. It is supported by the government authorities to determine the legal owner of the land and to keep a register of real estate rights.
4) What does Tattima Registry mean?
Register Tattima means additional sales test of hasasra. Means an additional sales test of a particular piece of land.
5) What is Baye-Nama?
The Baye-Nama or Register sales test is the document that creates a title in real estate.
6) What are some laws on the real estate sector of Pakistan?
Some of the laws in the constitution of Pakistan that deal with real estate are the following:
1) Transfer of Property Act, 1882.
2) Land Revenue Act, 1967.
3) Stamp Act, 1899
4) Registration Act, 1908.
In addition, always consult an attorney for real estate law counseling.
7) Can we use the farmhouse as an office space?
It is illegal to use a farmhouse for commercial purposes. However, there is an exception for some companies such as IT services, which can be operated from residential areas.
8) Do we inherit law in Pakistan?
Yes, Pakistan has several inheritance laws that apply depending on religious affiliations. For example, Islamic personal laws are for Muslims and people belonging to other religions have a hereditary law according to their religious leaders.
9) Can I buy a property in Pakistan as a foreign Pakistani without a visit?
Yes, a foreign Pakistani can easily buy property in the country without visiting Pakistan.
10) Do I have to record the transfer of real estate every time?
Yes, every transfer of real estate must be registered and delivered. It can be done only with a registered sales document.
11) What are the necessary documents to legally own a property?
The only document you need is a document to control the delivery of property in your favor. This may include other documents such as a deed of sale, a letter of receipt and a certificate of sale.
12) What does proxy mean?
A prosecutor is a powerful form, assigned to an agent of the principal to perform an act and deed for and on behalf of the principal. A prosecutor may also receive from person A to person B to appear before the court, tribunal, and authority to complete any real property or transaction. When it is allowed to authorize certain transactions, it is called an attorney general and it must be registered.
13) Can a person with a prosecutor’s hand over property on their behalf?
No, the person who is appointed prosecutor on your behalf has a fiduciary duty to act in your interest and do what you would do yourself, if possible.
14) Can I revoke my power of attorney?
Yes, you can revoke your proxy at any time.
15) Is my prosecutor for life?
A prosecutor can be for life and in that case it will end after death.
16) In which case is a prosecutor suspended?
As mentioned in the previous question, it can be canceled at the death of executioners and it can be canceled by the executioners in his life.
17) Can a mortgaged property be sold?
No, real estate mortgaged property cannot be sold.
18) What is stamp duty?
Stamp duty is essentially a government tax on the transfer of property.
19) Who has to pay stamp duty?
The buyer must pay the stamp duty. However, in some cases, sellers also undertake to pay for it themselves.
20) Which authority holds the country record in Pakistan?
The Department of Revenue of the District Administration is responsible for maintaining land records. They also decide the boundaries of property and possession.
21) How can I sell a property as a co-owner?
You may sell the property as a shareholder, but you may sell only the scope of your share.
22) How can we differentiate a will from a gift?
A will is only after the death of the creator, while a gift can be made for a lifetime. An owner is entitled to give all his property to the lawful heir during his lifetime, but he cannot do the same by will. However, a homeowner may give a will to give a third of his property to someone who is not the legal heir. And if this favor is done for a lawful heir, it requires the consent of all other lawful heirs.
23) What are the essentials of a gift?
There are basically three essentials of a gift:
1) Offer from the donor
2) Acceptance of the person to whom the gift is received
3) Transfer of possession