Transferring land in rural Sindh involves several steps and requires a comprehensive set of documents to ensure the legal transfer of ownership. The process generally includes an initial agreement, document collection and verification, drafting the sale deed, payment of taxes and fees, registration of the sale deed, and finally, mutation in revenue records.
Here’s a breakdown of the key documents generally required:
I. Basic Documents (for both seller and purchaser):
-
CNIC Copies: Attested copies of the Computerized National Identity Cards (CNICs) of both the seller and the purchaser.
-
Photographs: Passport-sized photographs of both parties.
-
Title Document: The original title document (also known as the conveyance deed, sale deed, gift deed, or exchange deed) of the property, signed by both parties. This is crucial for verifying the seller’s ownership.
-
Mutation (Extract from FC.M / Deh Form-II): An extract from the mutation register, which reflects the current ownership in the revenue records. In rural areas, this is often referred to as “Deh Form-II” or “Village Form VII-B” (Mutation Register).
-
Jamabandi / Deh Form-VII: This is the record of rights for agricultural land, often referred to as “Village Form VII-A” (Rewriting/Reconstruction of Record – Mainly Agricultural Land) or “Deh Form-VII.” It confirms the ownership and other rights related to the land.
-
L-20 (Assurance Certificate / Ownership Certificate): In the case of free-hold properties in rural areas, an L-20 certificate, duly issued by the Taluka Mukhtiarkar or a Sanad, may be required.
-
Akse Shajra duly demarcated: This is a map of the property, showing its boundaries and measurements.
-
Up-to-date NEC (Non-Encumbrance Certificate): This certificate confirms that the property is free from any legal or financial encumbrances.
-
Site Plan and Approved Building Plan (if applicable): If there is any construction on the land, the approved building plan and site plan may be required.
-
Affidavits: Affidavits from both the buyer and seller confirming the transaction and possession.
II. Tax and Fee Related Documents:
-
All Tax Documents: Receipts for all applicable taxes, including:
-
Advance Tax (U/S 236C for seller, U/S 236K for buyer): Paid based on the property value and filer status.
-
Capital Value Tax (CVT): Generally 2% of the property’s fair market value.
-
Stamp Duty: Typically 3% of the property value.
-
Registration Fee: Usually 1% of the property value.
-
Town Tax / District Council Fee: May also be applicable.
-
Capital Gain Tax (CGT): If the property is sold within a certain period of acquisition.
-
-
Payment Receipts: Proof of paid government charges (stamp duty, registration fee, other taxes).
-
Property Tax Clearance Certificate: Proof that all due property taxes have been paid.
III. Specific Case Documents:
-
Court Decree: If the property is involved in any dispute, a decree from the court must be attached.
-
Legal Heirship Certificate (F.R.C. from NADRA) and Succession Certificate from court: In relinquishment deeds or inheritance cases where the owner has died, these documents are crucial to prove legal heirship.
-
NOC from Bank: If the property is mortgaged, a No Objection Certificate (NOC) from the bank is required, along with representatives from the bank for processing.
-
Permission to Mortgage: If the buyer intends to mortgage the property.
-
NOC from Ministry of Foreign Affairs: In the case of a religious trust deed.
-
NOC from relevant Deputy Commissioner: For a normal trust deed.
-
NOC from Finance/State Bank of Pakistan: If the purchaser/seller is a foreigner.
-
Oral Gift to Blood Relationship: In cases of oral gifts to blood relatives (sister, brother, daughter), all necessary documents as mentioned above are still required.
IV. Post-Registration Documents (for Mutation):
-
Duly filled & signed application form for mutation.
-
No Objection Certificate (NOC), if required by the housing authority or local authority.
-
Copy of the Registered Sale Deed.
-
Attested statements from two witnesses: May be required in some cases.
Important Considerations:
-
Verify Documents: Always thoroughly verify the authenticity and validity of all documents, especially the original title deed and ownership records, before proceeding with the transfer.
-
Consult a Legal Professional: It is highly recommended to consult a legal professional (lawyer or deed writer) to draft the sale deed and navigate the entire process, ensuring compliance with all legal requirements and avoiding future disputes.
-
Registration is Key: Always ensure the transfer deed is properly registered with the sub-registrar’s office. This legally transfers ownership and updates government records.
-
Mutation is Essential: After registration, the buyer must apply for mutation in the revenue records (e.g., at the Peoples Service Center of the Board of Revenue, Sindh) to reflect the new ownership. This is crucial for obtaining utility services, construction permissions, and other municipal processes.
The specific requirements can sometimes vary depending on the nature of the transaction (sale, gift, inheritance, exchange), the type of property, and any unique circumstances. Therefore, it’s always best to get the latest information from the relevant authorities like the Board of Revenue, Sindh, or consult with a local legal expert.