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How I can Avoid Property Fraud in Pakistan?

Due diligence is crucial when purchasing property in Pakistan in light of the growing number of property frauds in the country. Our expert property lawyers at Hamza & Hamza Law Associates have ample experience dealing with property-related disputes, and we strongly recommend that our clients perform due diligence before purchasing a property in Pakistan. There are several important factors to consider, including:

Factors to be considered before Purchasing Property in Pakistan

When purchasing property, it is important to consider the following:

- whether the property is clear of any liens, encumbrances, or charges from a third party

- whether the seller has full and absolute possession of the property

- whether the seller has a full and absolute title to the property

It's important for you to know that there are two types of frauds that are commonly committed against buyers by sellers in Pakistan. The seller may refuse to receive the agreed-upon sale proceeds, or they may flat-out deny having entered into a Sale Agreement with the buyer in relation to the property in question. This leaves the buyer with no other choice but to take the seller to court in order to get them to uphold their end of the agreement. That's why it's essential that the Sale Agreement is written in a way that will offer maximum protection for the buyer.

When drafting a Sale Agreement, it is important to take into consideration the specific requirements of each case. The terms and conditions of the sale should be in accordance with current property law, and each transaction should be completed through a banking instrument.

It is of utmost importance that, when entering into a Sale Agreement with the Seller, a full examination of the revenue record is conducted to determine the present status of the property, as well as the title and status of the seller. This is to avoid any potential challenges by a third party in court that would cause serious inconvenience to the purchaser down the line.

At Burhan & Associates, we offer extensive due diligence services to clients who are looking to purchase property in Pakistan. We will draft a Sale Agreement that outlines the best terms and conditions to protect you and your investment. If you are paying for your property with hard-earned money, you want to make sure the transaction is done correctly to avoid any future legal issues or fraud.

At Burhan & Associates, we pride ourselves on being able to offer our clients a thorough and professional property investigation service so that they don't have to worry about fraud or other issues. All you need to do is give us a call, and we'll take care of everything for you.

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FAQs

Common types of property fraud include fake ownership claims, selling mortgaged properties without disclosure, illegal possession or encroachment, tampering with land records, and double-selling the same property to multiple buyers. To protect yourself, it's crucial to verify all property documentation, consult legal experts, and use safe transaction methods.

To verify property ownership, check the property’s title deed (known as the Fard), available through the local land revenue department or online portals in some provinces. Make sure to verify all official records, including previous ownership history, taxes, and any encumbrances or liens on the property.

Essential documents to review include the title deed (Fard), sales deed, property tax receipts, no- objection certificate (NOC) from relevant authorities, and, if purchasing from a housing society, verification of the society’s approved layout plan. Always consult a trusted property lawyer to review these documents.

Check for encumbrances or mortgages by verifying with the local land registry office. Inquiring at relevant financial institutions may also reveal if there are loans or liens on the property. Consulting a lawyer for a thorough title search can help prevent issues related to hidden encumbrances.

While buying from reputable housing societies can be safer, always verify that the society is legally approved by local authorities like the Lahore Development Authority (LDA) or Capital Development Authority (CDA). Additionally, check the society’s NOC status and confirm that the property is not part of any ongoing legal dispute.

Verify all documents directly with government offices, such as the local land registry and revenue department. Consider hiring a property lawyer to cross-check documents for legitimacy and inspect for any signs of tampering. Avoid relying solely on photocopies, and insist on original or certified copies during verification.

Yes, many Pakistani provinces now offer online portals where you can verify property ownership records. For example, Punjab’s Land Record Management Information System (LRMIS) allows online verification of property ownership details. However, always back up online verification with in-person documentation checks.

To transfer property ownership securely, execute a transfer deed in the presence of a lawyer, submit the necessary paperwork to the local land registry, and pay the required stamp duty. It’s vital to involve a legal expert to guide you through the process to prevent any fraudulent activities during transfer.

Yes, involving a property lawyer can significantly reduce the risk of fraud. A lawyer can help verify documents, guide you through the registration process, check for encumbrances, and ensure all legal formalities are met. This reduces the chance of dealing with forged documents or illegal transactions.

If you suspect fraud, gather all relevant documents and immediately contact a property lawyer to assess your case. Consider filing a First Information Report (FIR) with the police and, if needed, initiate a lawsuit to reclaim your rights. Taking quick action can strengthen your case in resolving disputes.



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Ahmed Burhan

Mr Ahmed Burhan

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