CDA Guidelines for Property Transfer Process
Property transfer is vital for owning property legally, whether you purchase a plot, house, or apartment. A few guidelines and procedures must be followed to complete the property transfer process in Islamabad.
Capital Development Authority (CDA) has issued guidelines stating that the property transfer procedure requires submitting a few essential documents. These documents, paired with a few others issued by CDA, will be used as evidence of your property ownership. Only designated authorized officials can attest and stamp these documents.
Scenarios For The Transfer Of Property in Pakistan
Following are the three most common scenarios under which property transfer occurs in Pakistan:
- Inheritance of property after someone’s death.
- Immovable property that is given to someone as a gift.
- Transfer of ownership under the context of buying property.
Guideline For Property Transfer in Islamabad
CDA has simplified the property transfer process. Here’s a step-by-step guideline for property transfer in Islamabad. It includes all the necessary information, such as:
- Information on Islamabad’s property transfer charge
- Documents required and all the paperwork
- Attestations needed for the process
Application For Property Transfer
The “Property Transfer Application” is the first step in Islamabad’s property transfer process. It is a letter or application addressed to the Director (Land & Estate) and requests the transfer of the owner’s share and interest in the house, plot, or flat in his or her own name or the transferee’s favor.
It must be completed by both parties and attested by a magistrate or first-class government official.
Documents Required For Property Transfer in Islamabad
The following documents are required and must be submitted for transferring property in Islamabad:
- Original allotment letter of the property
- One copy of the Computerized National Identity Card (CNIC) of the attesting officer, attorney, and transferee.
- Thumbprints of the attorney and the person transferring the property
- Transfer fee according to the prescribed rate in the form of a Pay Order
- Recent passport-sized photographs of both parties
- NOC from the Building Control Section of CDA for the non-conforming use of property
- NOC from loan giving agency
- A judicially stamped indemnification bond must be recorded by a notary public and attested to or countersigned by a first-class official of the government or a magistrate.
- Owners’ property rights are protected from all legal challenges by a No Objection Certificate (NOC) issued by the Board of Revenue (BOR).
- Special power of attorney attested by the High Commission.
- NIC copies of witness Affidavit by allottee/attorney for duplicate NIC and difference of signature duly attested by Notary Public or Oath Commissioner and countersigned by 1st Class Magistrate.
- In the case of a female allottee, the company of blood relations with documentary proof to identify the allottee.
Transfer Of Property To Family Members As a Gift
The allottee may submit an application for the transfer of property at the Front Office One Window Operation, CDA. The application must be submitted along with the following documents with an acknowledgment of Oral Gift on stamp paper for Rs. 5 that a 1st class Magistrate has fully attested:
- Original allotment letter to be surrendered.
- Property Tax Clearance Certificate from Revenue Directorate
- CDA Indemnity Bonds (Transferee/Allottee)
- Attested photocopies of CNIC
- Statement recorded before concerned Deputy Director and duly stamped by him with his official seal. NOC from Building Control Section (BCS), CDA. Bank Draft of Rs.3000/- or Rs.5000/- as the case may be.
- Attested photocopies of NICs of two witnesses
Transfer Of Property To The Legal Heirs Of a Dead Allottee
In Pakistan, inheriting property entails the automatic property transfer rights to the owner’s legitimate heirs upon death.
Any of the legal heirs can submit an application at the Front Office, One Window Operation, CDA, addressed to the Director of Estate Management, CDA, for the transfer of the plot of land or house into their names with the following documents:
- Attested copy of Death Certificate issued by CDA or local body.
- Affidavit regarding the factum of death and deposing the detail of the legal heirs and parents of the deceased whether they are alive or dead and in case of death whether pre-deceased or otherwise duly attested by Notary Public and countersigned by Class-I Magistrate.
- Attested CNIC of all the legal heirs.
- Form “B” in the case of Minors.
- Pay Order amounting to Rs.5000/- (Residential) or 10,000/- (Commercial).
- Original allotment/transfer letter of the subject plot/house.
- Original Release Deed in case any legal heir wants to release/surrender his or her share in favor of one or more legal heirs duly registered in the Court.
- Photocopy of NIC of Witness
- NOC from Revenue Directorate, CDA regarding Property Tax.
- NOC from Building Control Section (BCS), CDA regarding confirming use of the house/property and non-violation of Building & Zoning Regulation.
- Copies of Public Notice (provided by CDA) appeared in two daily leadings News Paper having vast circulations.
- Clearance of dues.
- Advertisement in two leading newspapers.
- Indemnity Bond from legal heirs.
Role Of Officials in The Property Transfer Process
- Despite the Capital Development Authority’s (CDA) confirmation of the transaction letter and the affidavit certifying the transferor’s life and mental health, an attorney is required.
- The attorney’s NOC and clearance from the loan-giving companies are also required.
- A representative (consulate) must act on his behalf if the person transferring the property is overseas. In this case, to prove that the transferor is overseas, the representative must submit all the official documents, including passports, CNICs, and certificates of residency of the overseas transferor.
- Each witness will have to submit copies of CNIC or Smart Cards.
Changes in The Property Transfer Process By The CDA
CDA has made certain modifications to the property transfer process and introduced a more simplified and new procedure. The changes were done to tackle the increasing fraud cases and property scams. To avoid such scenarios, CDA has updated the property transfer process and further streamlined the process for the general public.
CDA has made changes in the following aspects of the property transfer process:
- Property Inheritance No Objection Certificates (NOCs)
- No Demand Certificates (NDCS)
- Property transfer to Legal Heirs
- Building Safety Certificate
Property Inheritance NOCs
- After compliance with legal standards, property transfers to the lawful heirs will only need an undertaking as of August 1, 2022.
- Following the completion of the transfer process, the CDA will request an agreement from the legitimate heirs of the land to remove any illegal buildings.
- Estate Affectees, Estate Management-1, and Estate Management-2 are in charge of handing off matters to the Building Control Directorate (BCD) in order to obtain reports in the event of an application. BCD will examine the application in light of 2020 infringement laws.
CDA has also instructed the organizations to eliminate all unnecessary steps from the property transfer process. The authority further ordered to enhance the handling of property-related disputes.
The Estate Management EM-I, and EM-II, shall also transmit the case to get a report from the Building Control Directorate. This is done to evaluate whether Building Control Regulations have been broken after receiving an application or legal papers for legal heirship.
As a result, if infractions are discovered, the legal heirs must provide the CDA with an affidavit guaranteeing that the violators will be expelled within six months. However, possession wouldn’t be given to the legitimate heirs until the Building Control Regulations 2020 infractions were resolved.
No Demand Certificates (NDCS)
- No-demand certificates can now be issued in a minimum of 4 days. Both Estate Management -1 and -2 will adhere to this schedule.
- If the application is rejected, the applicant will be informed of the shortcomings or reasons why the NDC was not issued.
Property Transfer letters
- Estate Management-1 has started to follow a straightforward two-step process to produce the property transfer letters from August 1, 2022.
- After fulfilling all legal requirements, Assistant Director One-Window Operations Directorate will give the transfer letter to the legal heirs if accepted.
The new set of standard operating procedures (SOPs) by the Capital Development Authority aims to streamline the procedure and finish it in less than 20 days.CDA has also signed an agreement with NADRA for assistance to secure the property transfer process.
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