How to Transfer Property Ownership in Pakistan? Here’s what You Need to Know

Want to transfer property ownership in Pakistan?

You’re in the right place. I have over 10 years of hands-on experience as a Transfer Officer. In this guide, I’ll show you how to transfer property without stress.

You’ll learn how to complete a GIFT (Hiba) transfer, distribute property shares among co-owners, transfer inheritance to legal heirs, and buy or sell property with full legal compliance. I’ll also share pro tips to help you avoid costly mistakes.

From legal paperwork to fee payment and registration, every step is covered. Follow this guide to transfer property fast, safely, and hassle-free.

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What is property ownership transfer?

Property ownership transfer means you legally change the title of a property from one person or business to another. In this process, you pass on the full legal rights to use, control, and sell the property.

In Pakistan, you can transfer property through a sale, a gift, inheritance, or partition. Each method follows a clear legal path. First, you complete due diligence to confirm the property’s details. Then, you draft and sign a sale or transfer agreement.

Next, you pay the required government fees and taxes. After that, you register the transfer with the relevant land or property authority. Finally, you update the official property records to reflect the new owner.

This step-by-step process ensures the transfer is legal, secure, and recognised by the authorities.

The common practice of the property ownership transfer procedure involves:

1. Signing an Affidavit, Undertaking, transfer deed, or sale agreement
2. Paying Taxes as per the areas specified, levied, registration fees, and transfer fees
3. Registering the property in the new owner’s name

The key point is that the steps and requirements can change depending on the housing project, location, and property type.

Key Aspects of Property Ownership Transfer in Pakistan

Title and Deed:

The title gives you the legal right to own, use, and sell the property. The deed is the official document that transfers these rights from one owner to another.

Common Transfer Methods

You can transfer property through sale, gift (Hiba), inheritance, or partition.

Sale Deed

In a sale, the sale deed is the key document. It records the agreement between the buyer and seller and proves the transfer of ownership.

Registration

Always register the property transfer with the relevant land authority. This makes the transfer legal and updates the official records.

Essential Documents

You will need CNIC copies, title deeds, sale deeds, Fard-e-Malkiyat (Record of Rights), NDC (No Demand Certificate), and NOC (No Objection Certificate).

Mutation

After registration, update the property records with the new owner’s details. This process is called mutation.

Possession

Handing over the property is the possession stage. This usually comes with a possession letter or handover receipt.

Legal Advice

Work with a property lawyer to ensure compliance with all laws and avoid costly mistakes.

Capital Development Authority (CDA):
In Islamabad, the CDA manages and regulates property transfers, registrations, and record updates.

Read Also: ICONS Area Guides and ICONS How-to Guides to stay updated and learn more.

What Does Transfer of Property Mean? And How Do You Transfer Property Ownership in Pakistan?

After you buy a property in Pakistan, the next step is to transfer the ownership into your name. In legal terms, you truly own a property when you hold its title.

In simple words, a property transfer means passing the legal title from one person to another. This isn’t just for sales. You can also transfer property through a mortgage, gift deed, lease, or exchange.

In real estate, most transfers involve immovable property like land, houses, or buildings. But a plot file is considered movable property because it exists in the development system rather than as a physical asset.

So, which law controls property transfers in Pakistan? The process is governed by The Transfer of Property Act, 1882 and The Registration Act, 1908.

Common Ways to Transfer Property in Pakistan

You can transfer property in several legal ways:

• Inheritance: When a family member dies, their property passes to the legal heirs.
• Gift (Hiba): You can gift your property, but you must follow the proper legal steps.
• Buying or Selling: When you buy or sell property, ownership shifts to the new buyer.
• Partition: When co-owners divide property into separate portions.
• Relinquishment: When a co-owner gives up their share.
• Donation to a Trust: When an owner donates their property to a registered trust.
• Divorce Settlement: When property is divided between spouses during a divorce.
• Merger or Acquisition: When a company transfers property assets to another company.

Each type follows a specific legal process. Knowing these options helps you handle property transfers smoothly and avoid legal trouble.

What Is a Title Document?

Many people ask, “What does a title in property mean?” In short, it’s the official document proving you are the legal owner. It gives you the right to use, sell, or transfer the property. Titles can cover physical assets like real estate and vehicles or intangible assets like trademarks and intellectual property.

When you hold the title, you have full legal control over the asset.

What Is Immovable Property?

Immovable property is a fixed asset attached to the ground. It includes plots, houses, apartments, shops, and commercial buildings. You cannot move it without changing its nature or structure.

Who Can Transfer Property in Pakistan?

In Pakistan, you can only transfer property if you:

• Are at least 18 years old
• Are mentally sound
• Are legally allowed to sign contracts

If you are a minor (under 18), have a mental disability, or are legally barred from signing contracts, you cannot transfer property.

The Contract Act of 1872 defines a contract as a binding agreement between two parties. To make a valid transfer, you must understand and agree to the contract terms.

Why Mental Soundness Matters

Even sound-minded people often make costly mistakes. Many skip reading the sale deed, agreement, or affidavit before signing. This can lead to disputes and legal problems.

Always read and understand all terms before you sign any agreement, affidavit, or undertaking. It’s the simplest way to protect your rights and avoid future trouble.

What Is a Sale Deed?

People often ask, “What exactly is a sale deed?” The answer is simple: it’s the legal document that records the sale of a property and transfers ownership from the seller to the buyer.

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Required Documents for Property Transfer in Pakistan

When you transfer property from a seller to a buyer, you must prepare the right documents. These prove ownership, identity, and agreement between both parties.

Basic Documents for All Property Transfers

• Recent passport-size photos of the buyer and seller
• Copies of CNICs of the seller, buyer, and two witnesses
• Affidavit from the seller with three specimen signatures
• Undertaking from the buyer with three specimen signatures
• Sale Agreement between the seller and buyer
• Original Title Deed (proof of seller’s ownership) – required in some cities like Karachi
• Sale Deed (signed agreement transferring ownership)

Extra Documents for Specific Cities or Housing Societies

In Islamabad, Lahore, or Karachi, you may need extra documents. Housing societies may also require their forms. These can include:

• Fard-e-Malkiat (Record of Ownership)
• Non-Demand Certificate (NDC) – confirms all dues are cleared
• Allotment or Allocation Letter from the private housing society (if applicable, replacing Fard-e-Malkiat)
• Non-Encumbrance Certificate (NEC) – confirms the property has no loans, debts, or legal claims

Why These Documents Matter

Without the correct paperwork, the land transfer can face delays or legal disputes. Always check with the local land office or housing society to confirm the latest requirements before starting the process.claims against it.

How Much Does a Property Transfer Cost in Pakistan?

The cost of transferring property in Pakistan depends on the project, property type, and size. Fees and taxes can change based on location and whether the property is residential or commercial.

Property Transfer Tax and Fee

Two main charges apply when you transfer property:

1. Transfer Fee – Set by the housing society, developer, or relevant authority. Usually, it’s a fixed amount based on the property size.
2. Transfer Tax – Calculated as a percentage of the property’s DC value (Deputy Commissioner’s assessed value).

The Federal Board of Revenue (FBR) regulates property taxes in Pakistan.

Example – 5 Marla Plot in Airport Green Garden

For the Buyer:

• Transfer Fee: Rs. 45,000
• DC Value (off-road): Rs. 23,10,000
• Stamp Duty (1%): Rs. 24,625
• Registration Fee (1%)
• Advance Tax: 1.5% for filers, 4.5% for late filers, and 10.5% for non-filers

For the Seller:

• Capital Gain Tax: 3% for filers, 6% for late filers, and 10% for non-filers

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Why Your Tax Status Matters

Always confirm your tax status and transfer fee before starting the process. Your tax status shows if you filed your tax return on time, late, or not at all.

The 2025–26 budget introduced a late filer category. Before this change, overseas Pakistanis were treated as filers by default. Now, their classification depends on their actual filing history.

Tax on Inherited Property in Pakistan

One common question is: “Do I have to pay tax on inherited property in Pakistan?”

The answer is no. Pakistan does not impose an inheritance tax. Beneficiaries and legal heirs do not pay any tax when inheriting property or assets.

What is an Inheritance Property Ownership Transfer?

Inheritance refers to the process by which a person inherits property from a deceased person.

When a person dies, their legal heirs receive their property, including cash, real estate, jewellery, vehicles, stocks, and bonds.

For instance, when a mother, father, or spouse passes away. You may need to transfer the property into your name.

For that, we discuss real property, which means real estate/property transfer to successors.

It’s important to note that you can transfer property to any individual who is alive and of sound mind.

Pakistan follows the Sharia rules for the division of property. Two laws protect inheritance rights in Pakistan:

• Muslim Family Law Ordinance, 1961
• The West Pakistan Muslim Personal Law, 1962

Muslim law says the family gets the property when someone dies. That means the wife, son, daughter, mother, father, etc., get a share, but the amount varies.

A question people have is:

What is the daughter’s share in the father’s property in Islam?

In Pakistan, Islamic inheritance law states that a daughter’s share in her father’s property is half that of a son’s. Daughters receive half of the share allotted to sons.

Case Study: Transferring Ownership to Legal Heirs and Selling a Property – A Step-by-Step Guide

Back in the day, a husband came to me and said my wife had passed away.

Further, she was an allottee of a plot. She left behind a son, two daughters, a husband, and a mother, her legal heirs.

So, I wanted to transfer ownership of that plot to the legal heirs.

I replied: Get a legal heirship certificate from the court of law. 

The point to remember here is that you must get a legal heirship from the court where the property is located. For example, if the property is in Islamabad and you live in Multan. With that, you must get the certificate from a court in Islamabad.

Let’s get back to the story.

After obtaining the Heirship Certificate (aka Wirasat Nama) from the court, it came back to me. The court declared the shares as per the certificate of Islamic Sharia.

The deceased husband said. He wanted to sell this property as he needed money for construction work that was in progress at that time. 

The problem was that his two children were minors, while the other was an adult.  

The point is that you cannot sell a property registered/allotted in the minor’s name.

The solution is that you first need to get a “Guardianship certificate” from the court.

The next step is to apply for a “Permission to Sell” from the court through an advocate.  With that, you will be able to sell the minor’s property.

Documents Required

Here is the list of documents required for property transfer in the name of legal heirs:

• Death Certificate of the deceased.
• Legal Heirs-ship Certificate (Issued by a Court of Law or Nadra)
• Family Registration Certificate (FRC) by birth
• Copies of CNICs of all the legal heirs
• Administration Certificate NADRA (In the case you process through NADRA)
• Undertaking from all legal heirs

Key Information: A Legal Heirship Certificate and Wirasat Nama are equivalent documents, both verifying the legitimate heirs of a deceased individual

Legal Heirship Certificate = Wirasat Nama

You can get a legal heirship certificate from either NADRA or a court of law.

The main point to understand is that both sources are valid. They can issue certificates according to the law. There is no difference between the two.

However, the procedure for obtaining a certificate of heirs is different.

Who Can Apply?

Anyone who is a legal heir above 18 years and holds a CNIC can apply for transfer with the required documents.

How much does a property transfer by inheritance cost you?

To process the change in the title of the property, you’re required to pay the following:

• Transfer Fee (Some societies/authorities receive half the ongoing transfer fee, while others have fixed the amount. The CDA charges a transfer fee for all property types. This fee is Rs.5000/- (Five Thousand only) for transferring property to legal heirs.
• Inheritance Property Transfer Taxes (No taxes applicable except Registry charges and stamp duty)

Remember: People often make the mistake of offering middlemen money to prepare transfer documents.

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Inheritance Transfer (Step-by-step)

Here is a step-by-step guide to transferring property ownership to legal heirs:

Step 1: Submit Document

First, visit the transfer office (in the case of a Society/Project, otherwise the Revenue Registrar’s Office).

With that, submit all the required documents to the office where the transfer is processed.

Step 2: Property Transfer

Second, per the SOPs of the Housing Society/project or Government department (CDA, Housing Foundation, JKCHS) procedure, the property is transferred to the legal heirs according to the share mentioned in the succession certificate/legal Heirship certificate.

The transferring authority divides the deceased’s property among the legal heirs. The property share is the shares mentioned in succession.

Step 3: Update Ownership Records

Lastly, the title document issuing authority updates the owner’s name to the legal heirs (successors).

With that, they remove the previous owner’s name. 

Hence, they issue you the title document with updated owners. 

I have a question: How do you sell a minor’s property?

The answer to this question is that you can’t sell a minor’s property unless you get “Permission to Sell” from a court of law.

With that, a court of law issues “Permission to sell” after a person obtains a “Guardianship Certificate” from the Guardian Court. In it, a father or close relative is declared a Guardian of a minor.

The crucial thing to remember is that a court of law issues permission to sell only upon producing a “Guarantee by a guarantor holding property.”

It usually takes a week, depending on your documentation and lawyer competency.

What is Property Transfer as a Gift (Hiba)?

Hiba is an Arabic term that means “Gift.”

In Pakistan, transferring property ownership as a gift (Hiba or family transfer) is a step-by-step procedure. It allows a person to give their property to another person without paying any money.

The main point is that a property transfer as a gift must meet three (3) conditions:

3 Pillars Criteria for Gifting Property

Here are the three criteria for gifting a property:

1. The donor has love and affection for the Donee
2. Have possession of Property that the Donor plans to gift
3. Donee accepted the Gift

How does it work?

A person who wants to transfer their property as a gift (donor) executes a Gift Deed (Hiba Namah) in favour of the person receiving the gift (donee).

Two witnesses are required for the family transfer of property.

Required Documents

Here are the documents required for transferring ownership through gift (hiba):

• Affidavit by the Donor
• Gift Declaration by the Donor
• Acceptance of Gift by the Do-nee
• Undertaking by the Donee
• Recent Passport Size 2 Pictures of the Donee
• Family Registration Certificate (FRC) by Birth
• CNIC of Donor, Donee, and two witnesses

Gift (Hiba) Property Transfer (Step-by-Step)

Here is the step-by-step process to transfer property through the gift (Hiba):

Step 1: Prepare Documents

First, visit a stamp vendor to prepare all the legally required documents for transfer.

For this purpose, stamp paper vendors require documents such as an Allotment letter and CNICs of the Donor, Donee, and witnesses.

After preparing the legal papers, sign the register where your entries are on the list with the stamp vendor. Then, get the legal stamp papers notarised and signed.

Step 2: Execute the Gift Deed

Second, bring these stamps and other original documents, accompanied by two witnesses, to the office of the society/project/Registrar.

After that, the donor and donee must sign the deed of gift, accompanied by two witnesses.

Step 3: Register the Gift Deed/Execute Transfer

Third, the key point here is to register the gift deed with the sub-registrar’s office, provided the title change authority is the registrar. This step makes the transfer official and public.

The property transfer process is done by the relevant office in the case of a society or project. The procedure consists of biometrics, group pictures, and witnesses in the presence of a transfer officer of that organisation.

Remember: You may receive a Registration/Application/Transfer Form. Please fill it out and submit it.

Step 4: Pay Taxes and Registration Fees

The fourth step is to deposit applicable taxes (if any), such as CVT, Stamp duty, and registration fees. The amount varies depending on the location and property value.

The key point is to inquire about transfer fees and taxes before beginning the transfer process. The transfer fee for a gift is usually half of the full fee fixed by a relevant authority or property size. Some charge a fixed amount for all kinds of transfers. CDA charges only Rs. 5000/—, a flat fee for all.

On the other hand, some organisations charge only transfer fees (half/full) and are tax-free.

Step 5: Update Property Records

After registering, officials update the property records to show the new owner.

Note: The donor must be of sound mind, and the gift must be given voluntarily. The donee must accept the gift.

Pro tip: You can save money when transferring property titles within the family, such as between parents and children or siblings. Using a gift deed may help reduce transfer taxes. Always consult a legal professional for guidance.

• A father-to-son
• A mother to son
• A brother to a sister and vice versa
• Wife to Husband and vice versa

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People often ask how property can be transferred from a father or mother to their son in Pakistan.

How do you transfer a property from a parent to a son/daughter?

The answer to the above question is that if a mother or father is alive, you transfer property through a gift.

If your parents have passed away, follow the inheritance procedure for the property transfer. It involves obtaining a legal heir certificate, transferring documents, and registering the transfer.

Likewise, if your father or mother is alive, your parents can gift their property to a son or daughter.

A question a donor or donee asks is:

What is the tax on hiba property in Pakistan? Does Pakistan have a tax on gifting property?

The short answer is “No” in Pakistan. There is no tax on hiba (gifting) property. The country does not have a gift tax, so donors and donees are not required to pay any tax on the property.

Yet, a stamp duty applies, provided you register your property with the Revenue Department.

FAQs (Property Transfer)