Published by Al Wakeelo. An individual legal reviewer is not recorded for this guide. Verify the current law and relevant Gazette notifications before relying on it.
Real estate transactions and ownership disputes constitute a major portion of litigation in Pakistan. To protect your property investments, it is critical to understand the historical land revenue record-keeping system governed by the Land Revenue Act, 1967.
1. Key Terminology of Land Records
The land record system in Pakistan uses traditional terminology that can be confusing. Here are the core terms:
- Jamabandi / Register Haqdaran-e-Zamin: The core Record of Rights. It contains details of land ownership, shares, and tenancy in a particular revenue estate (Mauza).
- Fard: A copy of the land record page indicating ownership details, area of land, share ratio, and any encumbrances (mortgages, court stays).
- Khasra: A survey number assigned to a specific parcel of land. Every piece of land is mapped and given a unique Khasra number.
- Khewat: A ledger number representing a group of co-owners who hold joint land shares.
- Khatooni: A sub-division of a Khewat indicating the specific person occupying or cultivating the land.
- Mauza: The revenue village or estate boundaries.
2. The Mutation (Intaqal) Process
A Mutation (Intaqal) is the formal registration of a change in land ownership in the revenue records. It occurs after a sale, gift (Hiba), inheritance, or mortgage.
- How it works (Traditional):
- The buyer and seller execute a sale deed (Registry) on stamp paper.
- The Sub-Registrar registers the deed.
- The deed is sent to the local Patwari (Land Record Keeper), who records the change in his register.
- The Revenue Officer (Tehsildar) verifies and approves the mutation in a public gathering.
- Digital Land Records: Major provinces like Punjab (Punjab Land Records Authority - PLRA) and Sindh (LARMIS) have computerized land records. Buyers can now visit Land Record Centers (Arazi Record Centers / ARC) to obtain digital Fards and register mutations directly via biometric verification.
3. The Role of a Patwari
The Patwari is the lowest-tier official in the Board of Revenue but holds massive influence. They maintain the field map (Shajra), crop registers (Khasra Girdawari), and record mutations.
- Crucial Warning: A Fard or mutation recorded by a Patwari is not a title deed itself. It is only evidence of possession and tax collection. The ultimate legal title is established through a registered Sale Deed or a court decree.
4. Due Diligence Steps for Property Buyers
Before buying land in Pakistan, perform these essential checks:
- Obtain fresh Fard-e-Malkiat: Ensure it shows the seller's name and has no active "stay orders" or mortgages.
- Verify physical possession: Check who is physically occupying the land. Under Pakistani law, possession is strong evidence of title.
- Verify the Mutation History: Trace the chain of mutations back at least 15 years to ensure there are no fraudulent transactions.
- Obtain Non-Encumbrance Certificate (NEC): Verify with the registrar that the property is free from mortgages or legal disputes.