The Affidavit of Transfer of Ownership is a fundamental legal instrument in Pakistani property law, essential for documenting and formalizing the transfer of property ownership. This document is required when there is a need to officially declare and record the transfer of ownership rights, whether through sale, gift, inheritance, or other means. The affidavit must comply with federal laws including the Transfer of Property Act 1882 and the Registration Act 1908, as well as applicable provincial regulations. It serves multiple purposes: providing a sworn statement of the transfer, detailing the property specifications, confirming the legitimacy of the transaction, and facilitating the registration process. The document is particularly important in Pakistan's legal framework where it helps establish clear title and prevents future property disputes.
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1. Title and Venue: Specifies the document type and the location where the affidavit is being sworn
2. Deponent Information: Full legal name, age, nationality, CNIC number, and complete address of the person making the affidavit
3. Verification and Oath: Opening statement confirming the deponent's identity and that the statement is being made under oath
4. Property Details: Complete description of the property being transferred, including location, dimensions, and registration details
5. Ownership Declaration: Statement confirming current ownership with details of how and when the property was acquired
6. Transfer Details: Specific information about the transfer, including the transferee's details and the nature of the transfer
7. Consideration: Details of any payment or consideration for the transfer
8. Free Consent: Declaration that the transfer is being made voluntarily and without any coercion
9. Execution: Date, signature of the deponent, and attestation by the oath commissioner
1. Spousal Consent: Required when the property is jointly owned or when marital rights may be affected
2. Inheritance Details: Needed when the property being transferred was inherited, including details of inheritance and legal heirs
3. Encumbrance Declaration: Statement regarding any existing mortgages, liens, or encumbrances on the property
4. Power of Attorney: Required when the transfer is being executed through an authorized representative
5. Tax Compliance: Declaration regarding payment of all applicable taxes and duties
6. Previous Transfers: History of previous transfers when relevant to establishing clean title
1. Property Description Schedule: Detailed technical description of the property including boundaries, measurements, and survey numbers
2. Title Documents: List and copies of all relevant title documents proving ownership
3. Transfer Documents: Copies of sale agreement, payment receipts, or other transfer-related documents
4. Identity Proof: Copies of CNIC and other identity documents of both parties
5. Property Tax Records: Copies of property tax receipts and clearance certificates
6. Site Plan: Approved site plan or property layout from relevant authorities
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