Complete Guide to Property Transfer (Intelec) Within the Borders of Pakistan

The ownership of a property is one of the biggest assets that one can possess, and if you plan to transfer ownership to another person, such as selling, gifting or inheriting it, you need to follow the appropriate legal procedures. There are many laws that govern how we are to transfer ownership or Inteqal Property in Pakistan. These laws are designed to help clarify ownership of property and to reduce the possibility of disputes over ownership of that property. Knowing which steps individuals and businesses must take in order to complete a property transfer is important for everyone.

What is Transfer of Property (Intelec) in Pakistan?

Transfer of Property (Intelec) is the legal process through which one person transfers ownership or title of a property to another. This legal transfer of ownership can occur through sale, gift or a transfer of property, as described above, however, in regards to a transfer of title due to inheritance, it is governed by Shariiah Law. The Inteqal Property Process, as it is called in Pakistan, is designed to ensure that the new owner of the property has been properly registered with the relevant government body, so there will not be any complications, legally.

In Pakistan, the word "Intelec" relates more to transfers of property through inheritance than any other methods. This includes where a deceased persons assets are passed down to their heirs/clams according to Shariiah Law, not according to the Civil Law.

Reasons why Property Ownership Transfer is Important

There are many reasons why it is important to legally transfer property.

• The new owner may encounter difficulties obtaining property title without an official transfer.
• The proper property transfer Pakistan processes prevent ownership disputes between family members, etc.
• Utility access (electrical, gas, water, etc.) will be provided to new owners of the property.
• Lenders will not provide financing (mortgages/sales) to the new owner without proper documentation.

The property ownership transfer process in Pakistan consists of a number of steps, which may vary by province but are similar overall.

1. Obtain a Copy of the Death Certificate

This will be the initial step in initiating the transfer of the property to the legal heirs of the deceased.

2. Collect required documents; collect all of the following documents:

• Original Title deed (Fard Malkiat) for the property
• The previous intiqal certificate i.e. the intiqal certificate of the property
• Encumbrance certificate i.e. the ceritificate stating that no murabaha is claiment against the property
• Utility bills i.e. current Utility bills and taxes payable on the property

These documents will prove ownership and establish good title for the property.

3. Obtain intiqal certificate;

An application for an intiqal certificate must be filed in the appropriate municipality or land register department to apply for an intiqal certificate. The intiqal certificate is the primary means of proving legal ownership of the property by its new owner.

4. Pay stamp duty and register new property;

Upon receipt of the intiqal certificate, the new owner will be required to pay all transfer taxes and inheritance taxes prior to completing registration of their new property at the local land register office. Completion of this task is the final step necessary to complete the property transfer procedure in Pakistan.

5. Update Land Records and Utility Bills for the Property

Once the property has been registered, it is necessary to change the land records and acccount for utility accounts to remove the former owner of the property and replace that person with the new owner of record. Until that time, the new owner has no official recognition as the legitimate owner of the property and does not have access to the necessary utilities.

Obstacles to Property Transfers

While property transfers occur in Pakistan within a short time frame, there are a few issues that can occur when transferring property.

• No Current Title Deed: If the transferor does not have a current or past title for the property, then the transfer process will be delayed due to the lack of documentation.

How Pak Attestation Can Assist You

Pak Attestation provides a full suite of document verification and attestation services to its clients throughout Pakistan. Our professional team can assist clients by:

• Preparing the necessary legal documents required for a property title transfer
• Performing a complete procedure of documenting and being the intrequal to a new owner in Pakistan
• Submissions and inquiries to local authorities regarding the status of the property title
• Assisting in completing the property transfer in Pakistan in a manner that is accurate and that takes the least amount of time.

We assist clients and their families to navigate the complicated property transfer process with ease and without delay due to our extensive experience in the field (years). Following are several tips to ensure a smooth transfer of property:

• 1.) Verify that the property is free of any title defect(s) or lien(s) prior to completing the property transfer.
• 2.) Store the original documents for the property in a safe location and organized in order of their importance.

If you're unsure about the process of transferring property, you may want to work with a reputable lawyer specializing in real estate.

Make sure that any applicable local and excise taxes (i.e., Value Added Tax or Consumer Protection Act Tax) as well as any applicable state/county/city taxes and any applicable stamp duty have been paid fully before you finish the actual transfer in order to protect yourself from any possible criminal/civil liabilities for not having proper records.

Make sure to immediately make any changes to your property record and utility accounts after the transfer of ownership.

Conclusion:

If you are proactively transferring property via inheritance or sales method in Pakistan, it is essential to take the necessary steps to follow prescribed procedures so that your property will be transferred effectively and without delay to its new owner by means of recognized documentation of your transfer between both the seller/buyer. To confirm that your transfer has been recognized by the appropriate authorities (i.e., federal government, state and local governments), you will need to document properly maintain your records and have the transfers registered within the prescribed time frames. By doing these things, you should have no problem with the property being registered successfully with the right agency(s).