The Contract of Deed of Sale is a crucial legal instrument in Pakistani property law, used to document and effectuate the transfer of immovable property from one party to another. This document type is essential for any property transaction in Pakistan, whether involving residential, commercial, or industrial property. The deed must comply with the Transfer of Property Act 1882, Registration Act 1908, and relevant stamp duty legislation. It includes vital information such as property details, consideration amount, payment terms, and warranties about the property's title. The Contract of Deed of Sale must be properly executed, witnessed, and registered with the relevant Sub-Registrar's office to be legally effective. It serves as the primary evidence of property ownership transfer and is crucial for maintaining clear title records in Pakistani property transactions.
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1. Parties: Identification of the Seller and Purchaser with complete names, addresses, and CNIC numbers
2. Background: Brief context of the sale and the Seller's ownership rights
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed description of the property being sold, including exact measurements and boundaries
5. Consideration: Purchase price and payment terms, including any installments or conditions
6. Transfer of Title: Clear statement of transfer of ownership rights from Seller to Purchaser
7. Seller's Representations and Warranties: Declarations regarding property ownership, encumbrances, and authority to sell
8. Possession: Terms and timing of delivering physical possession of the property
9. Registration and Expenses: Responsibilities for registration costs, stamp duty, and other transfer expenses
10. Governing Law: Specification that the deed is governed by Pakistani law
11. Execution: Signature blocks with witness requirements and attestation details
1. Condition of Property: Used when specific property conditions need to be documented or when selling as-is
2. Encumbrances: Include when there are existing mortgages, liens, or other encumbrances that need to be addressed
3. Payment Schedule: Required when payment is to be made in installments rather than a single payment
4. Third Party Rights: Include when there are existing tenants or other third-party interests in the property
5. Utilities and Taxes: Used to specify responsibility for pending utilities and property taxes
6. Force Majeure: Include when there's a need to address potential delays in completion due to unforeseen circumstances
7. Dispute Resolution: Optional clause for specifying arbitration or other dispute resolution mechanisms
1. Schedule A - Property Details: Comprehensive property description including exact measurements, boundaries, and any construction details
2. Schedule B - Title Documents: List of all title documents and previous deeds establishing chain of ownership
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installments if applicable
4. Schedule D - Property Tax Records: Copies of recent property tax receipts and outstanding dues
5. Schedule E - Encumbrance Certificate: Recent encumbrance certificate from relevant authority
6. Appendix 1 - Site Plan: Approved site plan or property layout diagram
7. Appendix 2 - Property Photographs: Recent photographs of the property for reference
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