There are various ways through which you can transfer a property that you own.

It could be by
way of sale, Will or gift. A commonly used method, especially when transferring to a family
member or friend, is executing a gift deed in favour of the recipient. Though no monetary
transaction is involved, it is still necessary to register the gift deed to make the transfer valid.

WHAT IS A GIFT DEED?

Under section 122 of the Transfer of Property Act, 1882, you can transfer immovable property
through a gift deed. Like a sale deed, a gift deed contains details of the property, the transferrer
and recipient. But instead of a sale consideration in a sale deed, a gift deed allows you to transfer
ownership without any exchange of money. Registering a gift deed with the sub-registrar is
mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer
of Property Act. If you dont do this, the transfer will be invalid.

Besides that, once a gift deed is registered in the name of the recipient, only then can she apply
for mutation of the property. Mutation is necessary to transfer utility connections in the name of
the recipient. Also, for the recipient to be able to further transfer the property, a registered gift
deed will be required.

WHAT ARE THE CHARGES?

Stamp duty and registration fee has to be paid to register a gift deed. In some states, stamp duty
rates for property transfer by way of gift is the same as for sale or conveyance deed.

However, rules vary across states; certain state governments even offer some concession if the
property is being gifted to blood relatives. For instance, in Delhi, the stamp duty in case of
property transfer by way of sale or gift deed is the same4% for men and 6% for women. In
West Bengal, the stamp duty for sale or conveyance deed is 5% of the propertys market value in
panchayat areas, and 6% of market value in municipal areas. In case of a gift deed, the rate is the
same if the property is being gifted to a non-family member. If recipient is a family member, then
only 0.5% of the market value of the property has to be paid as stamp duty.

THINGS TO REMEMBER

Once a gift deed of an immovable property is executed in favour of any recipient, the donor does
not have the right to revoke or cancel the deed at a later stage, unless there is a specific clause
mentioned in the deed. Section 126 of the property transfer Act provides for a situation wherein a
gift deed may be revoked by the donor. For instance, if the property was gifted so that the
recipient can reside in it, upon death of the recipient, the property will get transferred back to the
donor if she is alive, else to the heirs of the recipient. Such details, however, need to be
specifically mentioned in the gift deed.
What is Aks Shajra?

Aks Shajra is the graphical image of a specific piece of land or a specific Khasra from the map
or plan of a village/estate. It is used to point out the exact location of land, with
identification of adjoining or surrounding lands.

What is Fard, or Fard Malkiat?

Fard Malkiat is record of different kinds of titles and rights in property maintained by local
government revenue authorities, most commonly Patwari.

What is Registry?

Registry is a written document signed between seller and buyer of a property, confirming the
transfer of ownership and title of the property from seller to buyer. It is also called Bay
Nama or Moahida Bay.

What is Intiqal or Mutation?

Intiqal or Mutation is a written order by the relevant revenue officer showing change in the
government record of titles, and confirming transfer of property title from seller to
purchaser. It is the most authentic record of title transfer in case of most types of properties
in Pakistan.

What is Iqrar Nama?

Iqrar Nama, or Agreement to Sell, is a written agreement between intended seller and buyer
recording the terms and condition under which the property will eventually be transferred.
Please note that this document itself is not enough for legal title transfer in favor of the
buyer. It is just a promise to transfer by the seller. The seller can still refuse to transfer the
property, in which case the buyer will have the right to enforce his rights through court.

What is Mukhtar Nama?

Mukhtar Nama, also called Power of Attorney, is a written document confirming the
appointment of a person as legal attorney of the property owner to conduct certain
transaction, for example sale or lease of the property.

What is Tattima Registry? Tattima Registry means a supplementary or additional Sale Deed,
adding to the contents of already signed Sale Deed.

What is Khasra? Khasra is a piece of land with a specific and unique identification number in
the record of relevant government authority.

What is Gardawri? Gardawri is the act of maintaining the record of the person(s) cultivating
and possessing a piece of land, mostly agricultural land.