Following are the procedures divided for various categories regarding their respective legal requirements Please select your required category for further information.
Although in case of Muslims, Hiba of an immovable property can be executed as an Oral Gift Deed, somehow, it is not recommended to make oral gift of immovable property as it may become difficult to prove an oral gift. Lately, in Pakistan, Hiba is essentially required to be made in writing. Once a gift deed is executed it must be affixed with appropriate stamp paper and it must be registered. Hiba (Oral Gift) in case of Muslims takes effect if all three of the under mentioned conditions are satisfied:-
Procedure of transfer in case of Hiba Zabani Bila Ewaz is similar to a normal transfer.
As a strict policy matter, the transferor (seller) will have to be personally present at the time of transfer of his / her plot file / property. However, a member living abroad and desiring to transfer his / her plot file can be allowed to nominate some person as general attorney. Procedure given below will be followed in that case:-
The general power of attorney holder will then represent the seller i.e. the member living abroad, and remaining transfer procedure will be the same as per routine transfer. General power of attorney holder must cater for the validity of the attestation of general power of attorney by Pakistan Embassy / High Commission, which may be 120 days or so.
Note:- A sample specimen of GPA is also shown here for reference/ guidance.
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