CREDIT RISK AND SECURITY

DOCUMENTATION
IN AGRICULTURAL FINANCING
FACILITATED BY
ADNAN ADIL HUSSAIN.
RISK INVOLVED IN AGRICULTURE
FINANCING……
Integrated Risk Structure:
Farmer's Perspective

Production Climate
• Machinery risk • Natural resource risks
•
•
Production loss risk
Managerial capacity
Farmer • Risk of natural
disasters
• Effects of disease or
pests
• Work health risks
• Capital risk
Finances Market
• Business and tax risks
• Risk of default within / • Risk of quality / quantity loss
outside the Value Chain Inputs • Price risks
• Excess supply risk
• Input price risks
• Input quality risk
• Timely availability
DOCUMENTATION
ENCUMBRANCE CREATION &
RECORDING
MOVEABLE PROPERTIES
IMMOVEABLE PROPERTIES
 WHAT IS “DOCUMENTATION”
• Customer related Account Opening Documents.
• Pre-Sanction Documents.
• Post Sanction Documents.
• TRADE related Documents.
• Monitoring Documents.
• SWAP Documents.
• Rescheduling/Restructuring Documents.
 FINANCE PRODUCTS TYPE
• General & Consumer/Housing Finance related:
• Short Term (RF/CF etc)
• Medium Term (DF/TF)
• Long Term (DF/TF)
• FOREIGN TRADE Related:
• Pre-shipment Export Finance
• Packing Finance
• Post shipment Export Finance
• Post Shipment Export Finance
• FIM/Forced PAD/PAD
• FATR
• Non Fund-based Facilities
• L/C Site/ DA (short term)
• L/C DA (medium/long term)
• Supplier Credit LC (Long term)
• LG
• Converted DF
• Trade Credit Insurance
 PROCESS OF CREDIT

•. REMEDIAL
CREDIT
INITIATION
MANAGEMENT
CREDIT
APPROVAL

CREDIT

PRE
COLLECTION DISBURSEMENT

A/C
DISBURSEMENT
MAINTENANCE
MONITORING
POST SANCTION DOCUMENTATION
• Why Documents are sought
• Evidence in negotiation
• Use in litigation
• Types of Legal Documents
• Documents having effects in criminal litigation
• Documents having effects in Civil Litigation
• Charge Creation
• Moveable Assets
• Immoveable Assets
• Recording of Charge /Lien Marking.
• Moveable Assets
• Immoveable Assets
 DOCUMENTATION

CONVENTIONAL ISLAMIC

Encumbrance Encumbrance
Creation Recording

Standard Charge
Limited Company
Documents

Entities (other
Property Related
than limited
Documents
companies
CONCEPT OF FINANCE AGREEMENT IN
CONVENTIONAL BANKING
• BUYBACK AGREEMENT
• Customer sells the goods to the bank at sale price (principle). The
bank pays the sale price. The customer then purchases the same goods
at a marked up price (purchase price) and pays the same after some
time in lump sum or in installment. The purchase price till its payment
is secured through primary security & collateral.
 AGREEMENT TO FINANCE-CONVENTIONAL
. BUY BACK AGREEMENT
SELLS
GOODS

SALE PRICE
BANK CUSTOMER
BUYS BACK GOODS
DEFERRED PAYMENT PURCHASE PRICE (IN LUMP SUM OR INSTALMENT)

PRIMARY
IMMOVEABLE MOVEABLE SECURITY
Guarantee
&
Indemnity
CHARGE HYPOTHEC
MORTGAGE PLEDGE
SEC 100 ATION
 MODES OF ENCUMBRANCES
• INTANGIBLE PROPERTY
• Lien
• Assignment
• Hypothecation (for STA)
• TANGIBLE PROPERTY
• MOVEABLE PROPERTY
• Pledge,
• Hypothecation
• IMMOVEABLE PROPERTY
• Mortgage
• Charge as per section 100 TPA….(Passbook)
• Assignment
 MOVEABLE PROPERTY (as per STA)
• As per Section 2 sub section 29 of STA, ”movable property” means any
tangible or intangible property other than immovable property, including but
not limited to receivables; rights under letters of credit; rights under trust
receipts; securities (including Government securities) other than book-entry
securities; right to funds credited in a deposit account; title documents;
negotiable instruments; intellectual property, including patents, trademarks,
copyrights, trade-names, goodwill, royalties; stock in trade; inventory; interest
in partnership and other form of entity; ornaments; jewelery; stones; goods-
in-transit; agricultural produce; leaves; grass, including growing grass;
petroleum or minerals that have been extracted; motor vehicles and property
attached to immovable property as defined in clause xxxviii of this sub-
section;
• Collateral means “moveable property” whether located inside or outside
Pakistan, that is subject to a security interest.
 IMMOVEABLE PROPERTY
• Section 3 of TPA 1882 “attached to the earth” means-
(a) rooted in the earth, as in the case of trees and shrubs;
(b) imbedded in the earth, as in the case of walls or buildings; or
(c) attached to what is so imbedded for the permanent beneficial enjoyment
of that to which it is attached:
• “immoveable property” includes land, buildings, benefits to arise out of land and
things attached to the earth, or permanently fastened to anything attached to the
earth, hereditary allowances, rights to ways, lights, ferries and fisheries but does not
include (a) standing timber, growing crops or grass whether immediate severance
thereof it intended or not; (b) fruit upon and juice in trees whether in existence or to
grow in future; and (c) machinery embedded in or attached to the earth, when dealt
with apart from the land (section 2 sub section 6 of Registration Act 1908)
• "Immovable property" shall include land, benefits to arise out of land, and things
attached to the earth, or permanently fastened to anything attached to the earth.
(section 3 of General Clauses Act 1897)
 IMMOVEABLE PROPERTY (as per STA 2016)
• “immovable property” shall include land, benefits to arise out of land,
and things attached to the earth, or permanently fastened to anything
attached to the earth, and shall, notwithstanding anything inconsistent
therewith contained in the General Clauses Act, 1897 (X of 1897),
Transfer of Property Act, 1882 (IV of 1882), Registration Act 1908,
(XVI of 1908) and any other law for the time being in force, exclude
property attached to immovable property as defined in clause
(xxxviii) of this sub-section; (STA section 2 sub section 25)
• Section 2 sub section (38) of STA 2016; ”property attached to
immovable property” means the following property irrespective of
whether it is attached to the earth or permanently fastened to anything
attached to the earth:
– (a) plant, equipment or machinery;
– (b) fixtures and fittings;
– (c) cables or pipelines embedded in the earth or otherwise; and
– (d) any other item of property as may be notified by the Federal
Government for the purposes of this Act notwithstanding anything
inconsistent therewith contained in the General Clauses Act, 1897 (X of
1897), Transfer of Property Act, 1882 (IV of 1882), Registration Act,
1908 (XVI of 1908) and any other law for the time being in force;
 LAWS OF ENCUMBRANCES-MOVEABLE PROPERTY

• TYPES & LAWS

MOVEABLE
PROPERTY

PLEDGE HYPOTHECATION LIEN

CREATION REGISTRATION CREATION REGISTRATION

Companies Agreement Entities

Agreement Entities (STA Companies (SECP
(Companies Act
(Contract Act) 2016) Contract Act (STA) Companies Act)
2017)
 LAWS OF ENCUMBRANCES-IMMOVEABLE PROPERTY

• TYPES & LAWS IMMOVEABLE

PROPERTY

CHARGE ON
MORTGAGE ASSIGNMENT
PASSBOOK

CREATION &
CREATION REGISTRATION
REGISTRATION SAME AS
MORTGAG
E
Agreement REGISTRAR ENDORSEMENT IN
(TRANSFER OF REGISTRATION ACT LIEN MARKING Passbook (Pass
PROPERTY ACT 1908 Book Act 1973)

CONCERNED
PROPERTY RECORD

SECP (COMPANIES
ACT)
ENCUMBRANCE
ON MOVEABLE
PROPERTY
• Contract Act 1872
• Financial Institutions Secured Transaction Act 2016 (STA)
• Sales of Goods Act 1930
 HYPOTHECATION
• ”Hypothecation” means a charge created by a customer, on all or
any present or after-acquired movable property, in favour of
a secured creditor without delivery of possession of the movable
property to such secured creditor; (Section 2 sub-section 24 of
STA 2016)
 PLEDGE
• “The bailment of goods as security for payment of a debt or
performance of a promise is called pledge”. (section 172).
• “A bailment is the delivery of goods by one person to another for some
purpose, upon a contract that they shall, when the purpose is
accomplished, be returned or otherwise disposed off according to the
direction of the person delivering them” (Section 148).
 PLEDGE DOCUMENTATION-GOLD
• Agreement to Finance
• Personal Guarantee
• Letter of Pledge
• Schroffs/ Goldsmith Assessment
• Delivery and sealing the bag in presence of Customer
• Undertaking of Genuineness
• Indemnification
 PLEDGE DOCUMENTATION-STOCKS
• IB-12
• IB-6/7
• (IB-24/22/23) In case of collateral
• IB-29(not used for Agri Credit)
• IB-26
• No liability/charge certificate
• Letter of Disclaimer.
• Letter of request from borrower to take delivery
• Letter of entrustment from bank to Muccaddum.
• Godown Certificate from Muccaddum.
• Delivery receipt Report by Muccaddum.
• Stock Report.
• Delivery Order.
 TYPES OF SHORTAGE
Decrease in quantity
• Due to Fire
• Due to natural calamity.
• Due to theft/burglary
• Due to forced lifting of the customer
• Due to mischievous lifting of stocks by the customer in connivance with
Muccaddum.
• Due to irregular/improper/delayed issuance or Non-Issuance of Delivery
Order by the bank.
• Due to Improper calculation of DP.
 TYPES OF SHORTAGE
Decrease in quality
• Due to Moisture/pests or other instant force majure problems
• Mal-handling/careless control of stocks which may contain thousands of instances like
Cotton bales needs moisture at certain degree a little bit of carelessness may create
havoc.
• Mal-handling/careless control of stocks with malafide intentions.
• Natural Calamity eg; rain, heat etc
• Stock being older than 180 days in violation of FIFO not observed.
• Subjective rating/grading of stocks by auditor.
 PERSONAL GUARANTEE
• By virtue of personal guarantee the borrower or other person
giving guarantee for the repayment of “purchase price” binds
himself personally to adjust the bank finance in case of default.
• The person furnishing personal guarantee shall be taken as
wearing the same shoe as that of borrower.
 LEGAL POSITION OF PERSONAL
GUARANTEE
• The said person shall be treated as “customer”, meaning thereby
the claim/suit shall be filed at the same time against him and the
borrower. The general perception that the guarantor shall be
contacted after the recovery efforts from borrower have failed,
does not carry any legal standing after promulgation of Financial
Institution (Recovery of Finances) Ordinance 2001.
• Section 2 (c) of The Financial Institution (Recovery of Finances)
Ordinance 2001 defines customer as “a person to whom finance
has been extended by a financial institution and includes a person
on whose behalf a guarantee or letter of credit has been issued
by a financial institution as well as A SURETY OR AN
INDEMNIFIER”
 PROPERTY OF THE PERSONAL GUARANTOR
• Section 16 of the Financial Institution (Recovery of Finances) Ordinance 2001 deals with the
issue.
• “Attachment before judgment, injunction and appointment of Receivers.- (1) Where
the suit filed by a financial institution is for the recovery of any amount through the sale of any
property which is mortgaged, pledged, hypothecated, assigned, or otherwise charged or which
is the subject of any obligation in favor of the financial institution as security for finance or
for or in relation to a finance lease, the Banking Court may, on application by the financial
institution, with a view to preventing such property from being transferred, alienated,
encumbered, wasted or otherwise dealt with in a manner which is likely to impair or prejudice the
security in favor of the financial institution, or otherwise in the interest of justice ⎯
• (a) restrain the customer and any other concerned person from transferring, alienating, parting
with possession or otherwise encumbering, charging, disposing or dealing with the property in
any manner;
• (b) Attach such property;
• (c) Transfer possession of such property to the financial institution; or
• (d) Appoint one or more Receivers of such property on such terms and conditions as it may
deem fit. “
 DP note why Redundant Now?
(For Commercial Banks)
• Contract never dies.
• Limitation?
• History of Banking Recovery Jurisdictions
• Civil Court Speedy Trials of Negotiatble Instruments.
• Banking Tribunal Act 1979
• Banking Tribunal Act 1984
• Banking Recovery Act 1997
• FIO 2001
IMMOVEABLE PROPERTIES
WHAT DOES LAND RECORD
MEAN?
GENERAL TYPES OF DOCUMENTS FOR LAND USE
• The Registered deed of absolute ownership; • Pass book;
Registered deed of allotment rights; • Fard (abstract from register Haqdaran),
• Registered deed of leasehold rights; • Girdawri (document narrating possession of
• Allotment letter/transfer letter of perpetual land)
proprietary rights; • Mutation
• Allotment letter/transfer letter of lease hold • Notification/letter from Government for the
rights; allotment/grant/lease of specific land;
• Lease deed/s; Mutation (intiqaal); PTD/PTO; • Certificate from Government regarding sale of
• Bay-nama (Sale Deed); government land
• Hiba-naama (Gift Deed); • PT-1 (a property tax record narrating the
• Tabadla-nama (Exchange Deed); record of an urban property).
• Tuqseem-nama (Demarcation Deed); • The transfer of allotment rights is often
• Dastbardari-nama (Relinquishment Deed); registered with sub-registrars hence creating
another optional document of title alongwith
• Conveyance Deed (transfer of rights by the allotment/transfer letter.
competent authority say court);
• The transfer of leasehold rights are often
registered with sub-registrars hence creating
another optional document of title alongwith
the lease deed.
GENERAL TYPES OF LAND MANAGEMENT RIGHTS IN
PAKISTAN
• Allotment rights by a development authority, • Holding of agricultural land by virtue of mutation
• Allotment rights by a cooperative society, alone, Holding of agricultural land through
• Allotment rights by Federal/Provincial tenancy,
Government, • Absolute ownership of urban land through a deed
• Allotment rights by Housing Limited companies, registered under Transfer of Property Act (TPA)
to be recorded in property tax department,
• Lease hold rights by army housing schemes,
• Absolute ownership of rights (with land and
• Leasehold rights by army controlled schemes without roof) in a multistory building through a
under category, deed registered under Transfer of Property Act
• Long Leasehold rights by private individuals, (TPA) to be recorded in property tax department,
• Ordinary leasehold rights for possession (rent • Absolute ownership of space rights (without land
based holdings), and roof) in a multistory building through a deed
• Rights acquired through Grant of land by registered under Transfer of Property Act (TPA)
Federal/provincial governments, to be recorded in property tax department,
• Absolute ownership of agricultural land through a • Holding by way of trust,
deed registered under Transfer of Property Act • State Land,
(TPA), • Holding of Army Controlled land with the high
• Holding of agricultural land by virtue of pass security area.
book and mutation (in revenue record only),
DOCUMENTS & LAND RECORD SYSTEMS
IN PAKISTAN
 TYPES OF LAND HOLDING THAT CAN BE
MORTGAGED
1. Absolute Ownership (Free Hold)
1. Freehold of Urban Land
2. Freehold of Urbanized Land
3. Freehold of Agricultural Land
2. Possession rights
I. Allotment Rights by Statutory
Bodies (authorities/coop societies
registered under the relevant act). READ THE FIRST DOCUMENT TO DETERMINE THE RIGHT
(exclusive)
II. Leasehold Rights (exclusive)
III. Licence
IV. Easement
 State

Federal Lands Military Lands Provinces

Federally Others (Property Tax,

Federally Federally Controlled Administered Housing & Urban Development Cooperative Evacuee Property
Cooperative Housing Defence Purpose Development
Federal Capital Administered Housing Schemes in Board of Revenue Authorities Housing Trust, Government
Lands
Societies in other parts of
other parts of Lands (HUD)/Other alike departments owned
provinces controlling agency Societies
provinces departments of land)
like SBCA/
Provincial PHATA etc
Governments
Administration of Provincial
CDA owned private Land MEO Controlled Government Land Ownership &
schemes through Political Lands (Forest, Deserts &
DEVELOPMENT
allotment
Agents (DC/Acs) others ) Low Income AUTHORITIES
Housing Owned Schemes
Federal Owned Private Lands Provincial
Schemes Purchase of Land
Town Planning/ Map
approvals of Local land-without Administered Government Land from Private Approval of
sources/granted by maps/designs
Government further grant of under cultivated under Provincial
Controlled areas rights Cantonment lease/allotment Town Planning & Government through
Urbanization Development
master planning Authority/
Private Housing
Private Land DEVELOPMENT Local
Schemes
Agricultural AUTHORITIES Government
Approval of maps / Private Housing
designs of private Schemes
housing schemes
(within area) Approval of maps /
designs of private
Private Land under housing schemes
small cities (within area)
(through Local
Government)-
Private Housing
Schemes

OWNERSHIP STRUCTURE OF
PAKISTAN
Colonies
DEFINITION OF SALE AS PER TPA 1882
SECTION 54 OF TPA
• Sale” is a transfer of ownership in exchange for a price paid or
promised or part paid and part promised.
• Delivery of tangible immovable property takes place when the
seller places the buyer, or such person as he directs in possession
of the property.

• SO TWO ELEMENTS- OWNERSHIP AND

POSSESSION
“POSSESSION & OWNERSHIP-100 k years ago”
DAWN OF AGRICULTURE-Asia
 MUGHAL ERA-PRE & POST
.
 KHILJIS & MUGHALS
– Sultan Ala-uddin Khilji (1255 – 1316) , who was the first ruler
to introduce a system of land administration in Indo-Pak
Sub Continent.
– Sher shah Sori 1540-45 (Talati to Patwari)
– Mughal Emperor Akbar's minister for revenue affairs, Todar
Mal (d. 1659) is rightly credited for laying down the basic
foundations of the land administration system which is now
prevalent in South Asia
 COLONIALISM
• Documented established practices of Land revenue
• Specifically worked on Measurements, demarcations
• Transfer of Property Act 1882 (sale, Exchange, Lease, Gift,
Conveyance)
• Land Revenue Act 1887 (Now 1967)
• Cooperative Societies Act 1860, 1925 (Allotment)
• Modern concepts of “enjoyment of possession”
• Colonization of Government Land Act 1912
 SETTLEMENT
• In 1765, the East India Company acquired the Diwani, or control over the revenues.
• “Permanent Settlement” was introduced in Central Indo-Pak and Bangal in 1793 by Lord
Cornwallis planned by John Shore, his next in command. The zamindars and revenue
collectors were converted into so many landlords.
• “Ryotwari ‫ رتیع واری‬Settlement” system was introduced in south and south-western India,
there were no zamindars with large estates with whom settlement of land revenue could be
made. Under the Ryotwari system, the government got tax from those who cultivated lands
with their own hands. Under the Ryotwari system, all the middlement were removed,
however all occupants/ cultivators ( ryots ) were on rent and state was the Zamindar.
• “Mahalwari ‫ احمل واری‬Settlement System” was a modified version of the zamindari
settlement, introduced in the Ganga valley, the North-West Provinces, parts of central India,
and the Punjab. The revenue settlement was to be made village by village or estate (mahal)
by estate with landlords or heads of families who collectively claimed to be the landlords of
the village or the estate.
 MOUZA / DEH/ ESTATE
• It is a territorial unit with a separate name, definite
boundaries, and area precisely measured and divided into
plots / khasras / survey numbers.
• Each mouza is a revenue estate and has a cadastral map
maintained in the land revenue record with a Hadbast
Number except Sindh Province. Mouza, Deh, Village, Killi
and Chak are the names commonly used for it.
• The term mouza / deh is widely used in the settled areas
while the term village and or killi are used in the unsettled
areas. There may be one or more settlements, abadies,
basties, dhokes, goths, etc. in the territory of a mouza /
deh.
• The mouzas / dehs may also have scattered inhabitation
while there may be some mouzas without population as
well.
 GENERAL
• During British Era the concept of boundaries in Land Revenue
System were organized. In the first regular settlements the survey of
village consisted of two distinct stages. (Documented in 1852).
– Preparation of Boundary Map (Naqsha Thakbasi)
– Making of field Map and a Khasra (Khasra was a register narrating each field
with its number and its owners and cultivators, soil and class of land)
• In Pakistan about 190 Million books and registers are used for land
record.
• Halqa Patwari manages about 17 registers.
• No changes can be made in record-set till next settlement which is
normally carried out after every 30-35 years.
 Board of Revenue
Member BOR

Division
Commissioner

District
Deputy Commissioner (Collector)

Tehsil/ Taluka (Powers of Revenue Officer)

Revenue
Tehsildar/ Officerkar
Mukhtiar powers)
(Assistant Naib Tehsildar/ Assistan Mukhtiar Kar
Assistant Commissioner Collector of First Grade) (Assistant Collector of Second Grade)

Girdawar/Kanugo/ Head Tapadar Circle

Kanoongo (Kanugo)/ Head Tapadar

Patwar Circle
Patwari/ Tapadar controlling Gnerally one estate but can be more than one

Estates/ Deh/ Mauza/Village/Chak/Deh (assessment Circle)

Village Notable (Chaudhry, Numberdar etc)
LAND REVENUE SYSTEM
KHASRA
 KHASRA
• Khasra was a register, showing in respect of each field, its number in the map, the names of its owner and
of the person who cultivated it, its linear dimensions are area, the soil or class of land which it contained
and the crops growing in it at the time of measurement.
• The area of village is now divided into squares of equal size, the skeleton traverse being built up on a
square usually of 200 kadams laid down with great care somewhere near the center of the village. In
making this square the first thing to do is to measure with the utmost accuracy in open ground a base line
of 200 kadams, represented by a 5-inch line on the map, the scale commonly adopted being one inch to 40
Kadam. The ends of this line are marked by small masonry pillars, which should be well built and carefully
preserved by stone or concrete blocks. If the first square is accurately laid down, it is not difficult to
ensure the correctness of the whole traverse.
• In all survey work each parcel of land lying in one spot, in the occupation of one person, or of several
persons holding jointly, and held under one title, should ordinarily be measured as a separate survey
number; but large area may be broken up into convenient fields. (Land Settlement Manual Chapter 4
(4.13.i)
 ‫‪KHASRA 3‬‬

‫ھ‬ ‫ک‬
‫یوین‪ /‬اکشاکالعہق‬
‫‪KHASRA 4‬‬

‫اسملاھکہت‬
‫ہٹپ‪ /‬مزارہع‬ ‫ک‬
‫ک‬ ‫ھیوٹدار‬
‫وخداکشت‬ ‫ھیوین‪3‬‬ ‫ک‬
‫‪D‬‬ ‫ھیوین‪5‬‬

‫ک‬ ‫وخداکشت‬
‫ھیوین‪1‬‬ ‫ک‬ ‫ک‬ ‫وخداکشت‬
‫ھیوین‪2‬‬ ‫ھیوین‪4‬‬
‫ک‬
‫ھیوٹ‬ ‫کھی‬
‫‪KHASRA 2‬‬
‫وٹدار‬ ‫وٹدار‬ ‫کھی‬
‫دار‬
‫‪A‬‬ ‫‪B‬‬ ‫‪C‬‬

‫‪KHASRA 1‬رسخہ‪ /‬رسوےربمن‪1‬‬

 KHEWAT & KHATONI NUMBER
• The sub account number is a number , given to the cultivators.
• As Khewat number refers to a set of owners, khatoni number refers to a set of
cultivators in the same sense. This khatoni number is given to the cultivators in the
Khewat
• Each Khewat will have at least one khatoni or more khatonies but will appear in a
sequence within the Khewat and in the village.
• The Khatoni number if in one sense shows the cultivators then in another sense will
show “who are the persons who have the possession of the Khatoni consisting of
various Khasras in the Khewat.
• In still another sense it also shows who are the persons who are owners of various
khasras in the khatoni. In the same way as in case of Khewat where owner may sell, gift
or mortgage, same type of transaction also takes place in the Khatoni also.
 KHEWAT/ HOLDING
• It is also called as revenue record/jamabandi number and it is ownership number.
• The khewat is the number of owner's holdings which should be arranged in the
order in which the names of owners are given in the village in genealogical tree
(Shajra Nusb).
• The first column of jamanadi is the Khewat number or number khewat. It is the
number of owner/owners of land. It is written in black ink.
• This number is subject to change in next jamabandi. Sometimes a number in red ink is
mentioned in this column, it is the number of khewat in last jamabandi mentioned for
reference only.
 MIN & SALAM
• The ’Min’ means partially and ’Salam’ means completely. A term MIN is at times
mentioned which denotes to the part of whole khewat number which is divided into
parts.
• If min is mentioned against an old Khewat/Khatoni/Khasra number then one can
assume that the Khewat / khatoni / khasra under consideration is carved / formed
out of the old Khewat / Khatoni / Khasra partially or transaction is taking place
partially.
• ’Salam’ word refers to the fact that new Khewat / Khatoni / Khasra is formed out
of the old Khewat / Khatoni / Khasra when same was transacted completely.
• In case the Khewat / Khatoni / Khasra is formed due to min transaction, then one
will see ’Min’ besides the Khewat / Khatoni / Khasra.
• In case nothing is mentioned then it could be very well assumed that the Khewat /
khatoni / khasra is ’Salam’, by default.
SINDH-VILLAGE FORM VIII-A
 SHAJRA NASAB
• Prepared in every estate at the time of settlement, it forms a part of
record of rights.
• Shajra Nasb is a pedigree table showing succession to ownership
rights occurring from time to time in an estate.
• It is revised after every five years along with Jamabandi and in the
interval, changes occurring from time to time are reflected in the
Patwari’s copy through suitable references.
• The Shajra Nasb also serves as an index for locating an owner’s
accounts (Khata Numbers) in the Jamabandi. In the new Jamabandi
owner’s accounts are arranged as per arrangement in the Shajra Nasb.
The name of owner in the Shajra Nasb is arranged according to caste
and sub-caste.
SHAJRA NASB
 MEASUREMENTS
(distance from right heel of first step from second step)

+
9 sq kadam = 1 marla (about 30 sq
yards)
 SURVEYS & BOUNDARIES
• There is a separate record of rights, field map and a separate assessment for ever estate or Mahal
but the unit for the purposes of the survey is not the estate but the village or Mauzas.
• Sub-divisions of estate also exist known as Taraf, Patti, Khel (in KP) or Jum (In Baluchistan).
• To demarcate boundaries masonry platforms called Sihaddas are built at every point where the
boundaries of two estate meet.
• Where the boundaries of two Mauza (deh) meet a tri-junction pillar named sihada is erected.
• At every angle on the boundary line between two Sihaddas the Burji (pillars) are erected. Several
fields can have one survey number and one field may have many Killas with different survey
numbers (canal irrigated areas) thus inconveniently divided.
 KILA
• On new canals in the west of the Punjab each survey square in Crown
lands has been divided into 25 small squares, known as kilas, each
occupying a fraction over an acre. Each Kila forms a field or survey
numbers
• Kilabandi has been introduced to a large extent even in privately owned
estate on the Lower Chenab and Lower Jehlum Canals.
• On the newest canals the squares have been replaced by rectangles
containing exactly 25 acres, so that the kila is the equivalent of an
acre.
• On old canals it is difficult to induce landowner to accept Kilabandi, which
involves the breaking up of old field boundarie
 MEASUREMENT
• The simplest way or measuring land is by pacing.
• When a man in walking steps out first with his left foot, the pace or kadam is the distance between the
heel of the right foot in its original position and the heel of the same foot after it has been advanced in
from of the left foot to make the second step.
• A kadam is the usual unit of measures of length and a square kadam the unit of measures of area.
• In the east of the Punjab, where the bigha is the local measure, the square kadam is known as the
biswani; in the west, where the ghumao is employed, it is known as the sarsahi. Twenty biswanis make a
biswa, and twenty biswas a bigha. Nine sarsahis make a Marla, Twenty merlas a kanal, and eight kanals a
ghumao.
• The bigha of the Western Punjab is one half of a ghumao. As the average height of a man, in different
localities varies greatly, it is not surprising that the local measures in use were found to be far from
uniform.
• The bigha employed in some settlements in the east of the Punjab is 5/24th of an acre. It is usually
known as the kachcha bigha, to distinguish it from the old Mughal measurs known as the Shahjahani or pakka
bigah which is exactly three times as large. Where the shahjahani bigha is the unit of area the linear measure
is not the kadam; but the gatha of 99 inches. The kadams in use vary from 54 to 66 inches, the latter being
the most usual length.
 MEASUREMENTS
• The following are the basic measurements of land used in Punjab, Pakistan in ascending order.
• 1 karam is 5.5 feet
• 1 marla is 9 Sq karams (272.25 sq ft)
• 1 kanaal is 20 marlas (5,445 sq ft)
• 1 keela is 8 kanaals (43,560 sq ft = 1 acre)
• 1 marabba is 25 keelas (1,089,000 sq ft = 25 acres)
• A keela is measured rectangularly, reckoned as an area 36 karams x 40 karams, or 198 feet x 220 feet = 43,560
square feet.
Kothis are measured in marlas and kanaals. Most are 2-4 kanaals but the big ones can be anything from 4-6 kanaals.
A couple of older measures:
SINDH MEASUREMENTS
1 biswa = 15 Sq karams; 12 biswas = 1 kanaal
1 bigha = 20 biswas - 1008 Sq Yards - 842.68 Sq Mtr
• Guntas are fractions of Acres.
• 120 Square Yards = 1 Gunta,
• 40 Guntas = 1 Acre
• 1 Anna = 20.16 sq yd
• 6 Anna = 1 Guntha = 120 square yard
• 4 Guntha = 1 Jareeb = 484 square yard
• 4 Jareeb = 1 Kanee = 1936 square yard
• 10 Jareeb = 1 Acre = 4840 square yard
• 25 Acres = 1 Marabba
 KHASRA GIRDAWARI
• Khasra Girdawari is a document, in which the
patwari enters the name of owner, name of
cultivator, land/khasra number, area, kind of
land, cultivated and non cultivated area, source
of irrigation, name of crop and its conditions,
revenue and rate of revenue, minimum twice in
a year.
60
 GIRDAWARI
• .
KHARABA
 SINDH NUMBER SHUMARI
• Crop Inspection Register Village Form (VF VI)
also called register Number Shumari, is updated
thrice a year on Rabi (1st Jan to 31st Jan), Kharif
(1st Sep to 31st Oct) and Adhawa (1st March to
10th March).
• Statement of Kharaba (Village Form XXV) is
prepared where land is dried and no harvest is
made.
NUMBER SHUMARI VF-VI
SINDH -Kharaba Form XXV
 FIELD MAP
• A field map for every revenue village is prepared at the time of
the Settlement. The original map is called ’MUSAVI’. Its updated
version is called ’SHAJRA KISTWAR’ and these are kept in safe
custody in the Record Room. A wax copy called ‘MOMI’ is
available in the Tehsil.
• All changes in field boundaries occurring due to partition, sale etc.
attested in Mutation are entered from the Parat Sarkar Mutation
onto the Momi. A copy on cloth called ’LATHA’ is kept and
updated by the Patwari.
MUSAAVI
AKS SHAJRA

68
 `MUTATION
ROAZNAMCHA
PROCESS
WAQIATI
IN SINDH
VILLAGE FORM
XI

DOCUMENT REGISTER DAKHIL

NARRATING KARIJ
TRANSFER OF ( MUTATION
INTEREST( SALE REGISTER)
DEED/
MORTGAGE IN SINDH (FORM
DEED ) VIII A & B)

ABSTRACT
‫اکیپااقتنل‬-‫رپتوٹپار‬
FROM
RAGISTER
HAQDARAN KACHERI
ZAMEEEN (JALSA-E-AAM)

RECORDS OF
RIGHTS
‫اکیپااقتنل‬-‫رپترساکر‬
REGISTER
7‫یا‬2‫دہہیافرم‬/)‫فزد(لسمایعمدی‬ HAQDARAN -E-
ZAMEEN
 DAILY DIARY

• The Roznamcha Waqiati (Daily Diary) to be

maintained by the Patwari, shall be in the Form
XX. The pages of Roznamcha shall be stitched
in a volume and each page shall bear the book
number and page number in print.
DAILY DIARY
SINDH-VILLAGE FORM IX
SINDH-VILLAGE FORM IX
 MUTATION REGISTER (REGISTER DAKHIL
KHARIJ)(FORM XXXV)
• The mutation register consists of a foil and counterfoil. The latter is the Patwari`s
copy of the register, the former is removed after orders have been passed and sent
to the Tehsil to be filed with Jamabandi.
• The Authorized officer shall forward the information so received to the cell. The
incharge of the cell shall affix a copy of the entry on the notice board of the
Taluka/Tehsil Office and shall also forward a copy of the entry to the tapedar
(patwari) concerned for affixing it at a conspicuous place in Tapedar area/Patwar
Circle and shall also intimate in writing to the persons so involved in the transaction.
• The aggrieved person may file objection within 15 days of the receipt of the notice.
• A katcheri (Jalsa-e-Aam) will be convened in the concerned Tapa (patwar Circle) and
objections shall be resolved out.
• The entries in the register of mutation shall after they have been certified by the
Mukhtiarkar be transferred to the record of rights .
 MUTATION REGISTER
• .
MEMO OF MUTATION
MEMO OF MUTATION-SINDH
 TATIMA SHAJRA
• The tatima shajra in the case of a partition will be a copy of that
prepared as soon as the partition is completed.
• Application under Section 117 of Land revenue Act 1967 is
given for partition and after due process the Order of Partition
is issued under Section 145 of Land Revenue Act 1967.
• In the case of a transaction based on a registered deed the
revenue officer should immediately on receipt of the
registration memorandum from the Registration Office, direct
the Kanungo and the Patwari to proceed to the spot and
prepare a tatima shajra,
• Revenue Officer shall not sanction the mutation in the absence
of a proper map of the new field numbers attested by the
Kanungo and checked by himself.
 PARTITION

• Application under Section 117 of Land revenue

Act 1967 is given for partition and after due
process the Order of Partition is issued under
Section 145 of Land Revenue Act 1967.
 SINDH-MEASUREMENT-PARTITION
• Land Measurement System will be through either of “Square
System”, “Rectangulation System” and Kishtawari System (old
khasra/ survey system) in hilly or rainy areas where measurement
as per previous two systems is not possible.
• For demarcation application is made under section 117 of Land
Revenue Act 1967 and is recorded in register XXXIII (33) and
after due process will prepare report and will enter in register
XXXIII-A.
 TATIMMA SHAJRA
• .
 RECORD OF RIGHTS- Fard Malkiyat
Fard Malkiyat (Misl-e Miadi) ‫لسمایعمدی‬
• The document showing ownership of land is called the
"Fard Malkiyat".
• On the top of jamabandi the information like Hadbast
number (it is the number of boundary of revenue
village)
• It is created from the Haqdaran Zamin (Jammabandi)
Register and the incorporations made through any
mutation (Intiqal). It is essentially just a copy of a
particular part of the Haqdaran Zamin Register.
84
 SINDH RECORD OF RIGHT
• Village Form II Urban Property Register (Revenue based lands)
used for Small cities of Sindh.
• Form VII-B is used for Agricultural land and mutations.
• Form VII-A is used for re-Writing/Reconstruction of Record for
Agricultural Land.
• Village Form VIII-A (Register of Holding for respective Harvest)
is filled out.
VILLAGE FORM VII-B
VILLAGE FORM VII-A
 RECORD OF RIGHTS-
REGISTER HAQDARAN –E- ZAMEEN
Register Haqdaran Zamin (Land Registration) / Jammabandi
Register / Misl-e Hiqayut ‫لسماکحیت‬
• It primarily shows the right holders of land including details on
owner, cultivator, land, soil, and rent. It is created every four years
for incorporating recent mutations (Intiqal) from Register Dakhil
Kharij, that have taken place since the last document was created
from the previous Haqdaran Zamin (land owners) register.
 CONSOLIDATION OF HOLDINGS
• Consolidation means the redistribution of all or any of the lands in an estate or
sub-division of an estate so as to reduce the number of plots (Section 2 (f)
Punjab Consolidation of Holding Ordinance 1960).
• Any two or more land-owners in an estate or a sub-division holding together not
less than the minimum area of land prescribed in this behalf may make an
application in writing to the Consolidation Officer of the consolidation of their
holdings.
• Not less than fifty-one per cent of the land-owners in an estate or a sub-division,
holdings not less than fifty-one per cent of the cultivated area in the estate or the
sub-division, make an application for consolidation of their holdings.
• A land-owner or a tenant shall have the same right in the holding or land allotted
to him in pursuance of a scheme of consolidation as he had in his original
holding or tenancy, as the case may be.
 FARD BADAR
.
 SHAMILAT
• Around the cultivated land owned by the original founding families of a village, there
could be huge tracts of waste land called “Shamlat” land, collectively owned by the
village owners over which they would have a right either to reclaim the land themselves
or allow others also to do so.
• The original owners were called “AaIa Maliks” and others who had reclaimed the land
with their consent were called “Adna Maliks”. The Aala Maliks had the right to bring
further Shamlat waste land under cultivation by digging wells or adopting some other
means.
• In certain cases even Adna Maliks would have the right to expand the area of their
ownership by reclaiming Shamlat land. However, an Adna Malik could not allow
strangers to bring the Shamlat land under cultivation.
• Persons who had reclaimed land as Adna Maliks, as well as those who had been
transferred rights only to a piece of land (without the right to Shamlat lands) were called
“Malik Qabza”. There could also be another class, mainly herdsmen, enjoying grazing
rights over the Shamlat waste lands and paying a fee for it (“Tirni/Phirini”).
 ِ ‫ ش‬/‫شاالمت‬
‫آاسشیئ‬/‫االمتدہہی‬

Ala Malik A
Abadi C
Deh

Adna Malik

Tirni
Gora
B Deh D

Malik Qabza

Reclaimed land/ purchased

 SHAMILAT & ASAISH
• Shamilat is the concept available in Punjab, Federal Capital and
part of KPK whereas in Sindh and part of Baluchistan the term
used for similar type of land is “ASAISH” ‫ آاسشیئ‬though this is
restrained to Colonization of Government Lands Act only.
• Section 2 (1) (c) of The Sind Goth Abad (Housing Scheme) Act
1987 states, “Asaish” means the land adjacent to a village and
reserved for grazing and other common use of the village
community;
 SHAMILAT
• The proprietary and possessory rights in "Shamilat Deh", vested, in absolute
terms, in proprietors. The purpose for which a particular parcel of
"Shamilat Deh" could be used, the rights of proprietors and non-proprietors
therein were set out, in the "Sharat Wajib-ul-arz”.
• A proprietor was absolute owner of his share in "Shamilat Deh", held in
common with other proprietors and could, depending upon rights recorded in
the "Sharat Wazib-ul-arz", cultivate, sell, mortgage, lease and even partition the
common land.
• The proprietors had a right to exclude non-proprietors from user of this land.
The share holding of a proprietor was calculated as per his proprietary land
holdings or the land revenue paid or the numbers of "ploughs" etc.
 SHAMILAT
• The cultivated land in "Shamilat Deh" was cultivated by proprietors in
accordance with their share holdings. Large tracts of land were left for
pastures called "Charagah" or "Charand". The "Shamilat Deh" of a revenue
estate was used for common purposes like pasture (Charand), Johar (pond) or
Chappar, streets paths, cremation grounds, school, chaupals etc., but more
often than not its user was confined to proprietors.
• The non-proprietors, though, an integral part of agrarian societies, were
excluded from ownership and in many villages from the user of common
land.
• A revenue officer did not venture into the "Abadi Deh" situated within the
"Lal Lakir", or demarcate khewats, khatonies or khasra numbers. A single
khewat, khatoni and khasra number was allotted to the "Abadi Deh". The
normal rule of ownership of land within "Abadi Deh" was and is even today
that ownership, follows possession.
MUTATION OF SHAMILAT
 LAND SETTLEMENT MANUAL CHAPTER 7.19
• If a deed of transfer by sale, gift, mortgage or exchange does not specially
mention that a share of shamilat is transferred with the land it should be
presumed that the Shamilat is not transferred.
• Where a mutation of inheritance, sale, gift or mortgage covers a share of
the shamilat, the shamilat khata should be entered in the mutation so that
the mutation of the co-sharers in the shamilat may be correctly entered in
the jamabandi (NOW CALLED Register Haqdaran e Zamin).
• The name of the person to whom the shamilat pertaining to this new khata
belongs, shall also be recorded in the column of ownership under that of
the new owner with the title hissadar shamilat, and the khata of the new
holding shall always be incorporated in the jamabandi immediately below
the khata of the holding from which it was taken.
LAND SETTLEMENT MANUAL CHAPTER 7.41
• The mutation of the share of the shamilat should be dealt with as part of the same
mutation proceeding as the transfer of the original holding, but it is a part in which
any of the co-sharers of the shamilat have a right to be heard, and a distinct order
should be passed by the revenue officer whether the mutation of the shamilat is
sanctioned or not.
• When the mutation does not cover a share in the shamilat then in column 8 of the
mutation sheet and in the ownership column of the jamabandi the new alienee shall
be shown as bila hissa shamilat or malik kabza so as to secure that at partition he
shall not simply by being a khewatdar receive a share of the shamilat to which he has
no title.
• In the estate, where the common (Shamilat) land exists, the owner who has no share
in common land should be shown as “Malik Qabza” and the person who has no
land but has right in the common land should be shown as “Righ holder in
common land ( Haqadar Shamilat)”
 LAL-LAKEER
• A revenue estate or the select land parcel of a revenue estate which
attains urban character, are merged with the village settlement
boundaries, commonly known as ‘Red Line’.
• As soon as Collector will get report about change in character of land
from agriculture to residential, he issues orders for extension of “Red-
Line”. Revenue Officer shall enter a mutation in favour of Abadi Deh
( Urban Portion of Land)
• Individual rights are diminished and certified copies cannot be issued
in favour of an individual. (Due to the fact that Land Revenue System
is not land titling system but a revenue collection system)
• The revenue collection is therefore transferred for collection under
W.P. Urban Immoveable Property Tax Act 1958
 LAL-LAKEER
• During, all settlement operations, the land falling under settlements i.e.
constructed areas were declared as Abad-i-Deh within the Lal-Lakeer and no
detailed record of ownership or propriety rights was included in Misl-e-
Haqiat.
• Throughout the history of the settlement, the main thrust of the Government
remained upon the preparation of record of rights related to agriculture lands
with a view to assess the land revenue and with the purpose that by virtue of
occupation upon agricultural land who was responsible to pay the land
revenue or rent to the government.
• The West Pakistan Land Revenue Act, 1967 excludes the site of a town or
village from its preview under section 3 of the very Act. Para 7.57-A of the
Land Records Manual lays down the procedure to put areas that have become
'urban',
 LAL-LAKEER
• The properties that are included in the lal lakeer/ red circle of the
abadi deh (abadi deh is the residential area of a village, and lal
lakeer/ red circle is the line that is drawn in revenue record to
encircle that residential area) are allotted a single khasra (survey
number) and forthwith preparation of record of rights under
West Pakistan Land Revenue Act, 1967 for such encircled
properties is stopped, exposing them to exploitation and fraud.
• It may be noted here that 'lal lakeer' exists in the majority of
about 25,892 villages of the Punjab.
SINDH TERMS
 Passbook System
• Pass book was introduced in 1973 under the agriculture commercial &
industrial purpose act from the Federal Govt. for the farmers (land
owners) to facilitate them in availing credit facilities from banks.
• It is an authenticated document for obtaining loan from banks
That Confirms:
• Ownership of agriculture land , accurate measurements , locations, soil
conditions and valuation.
• Endorsement in the pass book to create a charge in favor of banks
• Prohibition to alienate the agriculture land until the outstanding amount
is repaid
• Amount of default recoverable as arrears of land revenue
• Agriculture financing is allowed to only the owner of the agricultural
lands against their pass book
 DEFINITIONS (SEC 3)

• (b)“land” means land used for agricultural purposes

or for purposes subservient to agriculture;
• (d) “loans or advances” means loans or advances
for agricultural, commercial and industrial]
purposes and includes ‘finance’ as defined in FIO
2001;
• (da) “pass book” means a title-document prepared
in the prescribed manner setting out particulars of
land owned by land owner and shall include e-pass
book prepared or issued by a designated agency;
 PASS BOOK AND ENCUMBRANCE
• 4. Presentation of pass book.-
• (1) A land owner applying to any bank for the grant of a loan or advance may, for
the purpose of enabling the bank to take action in accordance with sub-section
(4), produce before the bank a pass book prepared in the prescribed form and
manner
• (2) The entries in the pass book shall be authenticated by the Revenue
Officer and shall be prima facie evidence of the title of the holder of the
pass book to the parcels of land entered in the pass book, free of any prior
encumbrance, unless otherwise specified therein.
• (3) The pass book shall be deemed to be a title deed and accepted as such
by the bank for granting a loan or advance to a land-owner on the security of
such land entered therein as he may indicate.
• (4) If the bank grants a loan or advance to the land-owner on the production of
the pass book, the bank shall endorse the pass book against the entry
relating to the land on the security of which the loan or advance is granted by it.
• (5) The endorsement made in the pass book under subsection (4) shall
create a charge in favour of the bank on the land against the entry relating
to which the endorsement has been made and the land-owner shall be debarred
from alienating the land until the outstanding amount of the loan or advance
granted by the bank has been repaid.
 ENTRY IN PASSBOOK-CHARGE
• (5-A) A charge on any land created under subsection (5)
shall be entered in the relevant revenue records against
the entry relating to such land].
• (6) Any alienation of land in contravention of subsection
(5) shall be void.
• (7) If the land-owner fails to repay the amount of the
loan or advance in accordance with the terms of his
agreement with the bank, the bank may, without
prejudice to any other legal remedy available to it,
apply to the Collector for the recovery of the amount
in default as an arrear of land revenue and thereupon all
the provisions of the Revenue Recovery Act, 1890, shall
apply to the recovery of the amount in default as they apply
to the recovery of an arrear of land revenue
PASS BOOK HOW FILLED
 PUNJAB PRE-EMPTION ACT 1991
• “Immovable property” means immovable property situated in any area other than an urban
area or within cantonment limits as declared by any law relating to Local Bodies or
Cantonments, as the case may be, for the time being in force;
• “pre-emptor” means a person who has the right of pre-emption;
• “right of pre-emption” means a right to acquire by purchase an immovable property in
preference to other persons by reason of such right; and
• “sale” means permanent transfer of the ownership of an immovable property in exchange for a
valuable consideration and includes transfer of an immovable property by way of ‘hiba bil-iwaz’
or ‘hiba baa-shart-ul-iwaz’, but does not include—
– transfer of an immovable property through inheritance or will or gift, other than ‘hiba bil-iwaz’ or
‘hiba ba-shart-ul-iwaz’;
– a sale in execution of a decree for money or of any order of a civil, criminal, revenue or any other
court or a Revenue Officer or any local authority;
– exchange of agricultural land; and
– transfer of an immovable property for a consideration other than valuable consideration, such as the
transfer of an immovable property by way of dower or composition in a murder or hurt case.
LAND REVENUE RECORD- SOME STATISTICS
Admin Unit Number

Districts 131

Tehsils 541

Kanungo Circles 1,600

Patwar Circles 12,145

Total Mouzas 49,463

Rural Mouzas 43,205

 Board of Revenue
Member BOR

Division
Commissioner

District
Deputy Commissioner (Collector)

Tehsil/ Taluka (Powers of Revenue Officer)

Revenue
Tehsildar/ Officerkar
Mukhtiar powers)
(Assistant Naib Tehsildar/ Assistan Mukhtiar Kar
Assistant Commissioner Collector of First Grade) (Assistant Collector of Second Grade)

Girdawar/Kanugo/ Head Tapadar Circle

Kanoongo (Kanugo)/ Head Tapadar

Patwar Circle
Patwari/ Tapadar controlling Gnerally one estate but can be more than one

Estates/ Deh/ Mauza/Village/Chak/Deh (assessment Circle)

Village Notable (Chaudhry, Numberdar etc)
 Land holding in Pakistan
Province Subsistence Economic Holding Above Economic holding
Holding

Punjab Upto 12.5 Acres Upto 12.5 to 50 Above 50 Acres

Acres

KPK Upto 12.5 Acres Upto 12.5 to 50 Above 50 Acres

Acres

Sindh Upto 16 Acres Upto 16 to 32 Above 64 Acres

Acres

Baluchistan Upto 32 Acres Upto 32 to 64 Above 64 Acres

Acres
 DISBURSEMENT PATTERN
•Table 2.19: Credit Disbursement to Farm & Non-Farm Secto rs
. ( Rs billion)
Sector FY2021 (July-March) FY2022 (July-March) %
(Land Holding/Farm size) Disbursement % Share Disbursement % Share Growth
in Total in Total over the
Period
A Farm Sector 507.9 53.3 474.0 49.5 -6.7
1 Subsistence Holding 150 15.7 170.5 17.8 13.7
2 Economic Holding 56.2 5.9 66.2 6.9 17.8
FY2021 (July-March) FY2022 (July-March) %
Disbursement % Share Disbursement % Share Growth
in Total in Total over the
Period
3 Above Economic Holding 301.7 31.6 237.3 24.8 -21.3
B Non-Farm Sector 445.8 46.7 484.3 50.5 8.6
1 Small Farms 102.1 10.7 128.2 13.4 25.6
2 Large Farms 343.7 36 356 37.2 3.6
Total (A+B) 953.7 100 958.3 100 0.5
PAKISTAN- LAND HOLDING PATTERN
No. of Population Percentage of Land holding Area Percentage of
population cultivated area

8,359, 672 100% All 55,600,000 Acres 100 %

5,600,000 67% Upto 5 Acres 10,180,000 Acres 18%

1,920,000 23% 5 to 12.5 Acres 14,180,000 Acres 25%

725,922 9% 12.5 Acres to 50 15,380,000 Acres 27%

Acres

94,479 1.21% 50 to 150 Acres 6,730,000 Acres 13%

19,271 0.23% Above 150 Acres 9,132,000 Acres 17%

 HOLDING PATTERN
..

Above Economic
Subsistence Holding Economic Holding
Holding
Sr. Province % of
% in % of % in % of % in
No. Acres Acres Acres Total
Total Total Total Total Total
Area
Farms Area Farms Area Farms
1 Punjab Up to 12.5 90 64 12.5 to 50 9 23 Above 50 1 13
2 KPK Up to 12.5 95 62 12.5 to 50 4 25 Above 50 1 13
3 Sindh Up to 16.0 85 40 16 to 64 11 50 Above 64 4 10
4 Balochistan Up to 32.0 94 42 32 to 64 4 10 Above 64 2 48
RELEVANT LAWS, PRECAUTIONS REGARDING

URBANIZATION OF AGRI/RURAL
LANDS
 URBANIZATION
As per Census 2020 results, 63.74 % of population live in rural household. Due to Urbanization the number of
Rural Mauza have decreased and the Urban Mauzas have almost doubled in number
https://www.pbs.gov.pk/sites/default/files/population/2017/tables/pakistan/Table28n.pdf

Number of Mouzas
Census Year
Rural Partly Forest Forest Urban Unpopulated Total
Urban Populated Unpopulated

Mouza 43,205 1,149 52 170 2,400 2,487 49,463

Census
2020
Mouza 45,906 1,576 - 439 1,099 3,356 52,376
Census
2008
 MAUZAS IN PAKISTAN
(MAUZA CENSUS 2020)
Number of Mouzas
Province

Rural Partly Forest Forest Urban Unpopul Total

Urban Populate Unpopulated ated
d
Khyber 9,200 221 18 2 213 119 9,773
Pakhtunkh
wa

Punjab 22,508 608 14 117 1,371 1,844 26,462

Sindh 5,211 199 18 42 298 208 5,976

Balochistan 6,223 100 2 1 415 316 7,057

 CAUTIONS
• More than 50 % of towns, cities in Pakistan are build by
urbanizing the rural lands. Care should be exercised to review the
first transfer of title. CAVEAT EMPTOR
• It is not necessary that the current title is in accordance of law
and duly registered hence contains no legal defects.
• One must see how land was urbanized and under which law.
There are federal and provincial laws provided.
 CATEGORIES OF LAND REVENUE PROPERTIES
1. Lands which were agricultural in its character at the time of first settlement
and still continues with the same character and its Misl-e-Haqiat is prepared
and Register Haqdaran-e-Zameen being updated from time to time. PMU-
LRMIS has predominantly computerized land records related to this category
and services are being rendered through LRMIS.
2. Land declared within the Lal Lakeer as Abad-e-Deh at the time of first
settlement for which no separate record of individual rights was prepared.
3. Lands for which Misl-e-Haqiat was prepared at the time of first settlement
being agricultural land and subsequently Misl-e-Miyadi and Register
Haqdaran-e-Zameen from time to time were updated but practically and
factually such lands came under urban areas, towns and housing societies and
the shares of the landowners are recorded with preparation of Tatimmas
(supplementary maps) or without the preparation of Tattimas, but no record
is prepared as urban area/Town site/Village site on modern lines on new
format after a fresh survey.
 State

Provincial
Federal Lands Armed Forces
Governments

Lease (Management
Land Rights Development Institutions through Cantt
Boards

Institutions/
Authorities / Evacuee Property Use for Defence
Board of Revenue Town Planning
Development Trust Forces
Authorities

Grant of of Lease
Grant of to Grant of Ownership
Lease of Agri land Shamilat/ Asaesh/
Ownership Rights to Development Allotment/Lease Lease/Allot Building Control
to individuals Development Authority Colonization
to Individuals
Authorities

Sub-Lease (in case

Inheritance/ sale/ gift/
exchange/ Conveyance Cannot sub-lease of multistory Lease
apartments)

Sub-lease for lands Allotment

Sale/Transfer of
Ownership
 Who approves maps?
Development Authorities/ Local Government/
Cantonment
 Military
Local Estate
Development
Government/ Private house at Office/
Authority
TMO Agricultural land Cantonment
converted into residential Board Military/Defence forces
(in addition to Aks Shajra Private Housing scheme
owned Area under
that demarcates the into Metropolitan area
Cantonments
boundaries and maps
approves designs within
approved boundaries)

Private Housing Scheme

Development Authority Private Land in the
in small towns (not
owned Cantonment Limits
declared as Metropolitan)

Government Lands WHO APPROVES MAPS/DESIGN/TOWN PLANNING IN

allotted/ leased for WHICH TYPES OF PROPERTY
specific purpose
 Is it in Private Housing
Scheme or Government
Scheme?
Word “Society” is used for Cooperative Housing Society & Scheme is either
Government/ Development Authority Scheme or Private Scheme
EXISTING STRUCTURE OF Scheme
HOUSING “SCHEMES” IN
PAKISTAN

Government Scheme Private Scheme

Development Authority Builder Owned

Special Sectors Schemes High Rise Buildings
Schemes Horizontal Schemes

Sub-Lease/Allotment of Agricultural Land

Low Income Housing Plot converted into Urban-
Scheme (Lease or ownership kept Ownership transfer to
with Builder) end users

Cooperative Society for Agricultural Land

High Rise Building with converted into Urban-
Industrial Schemes
transfer of rights to Ownership with Builder
Society or owners of flats (Allotment to end user)
 TAKE AWAY
✓ Check ownership of scheme- Government/ Development Authority/ Private
✓ If private, it will be mostly Land Revenue Document based, Check ownership of
Builder
✓ Check Arazi Centre to see type of land in Fard/ Mutation
✓ Check locality area, who will pass the master plan/ maps
✓ Development Authority,
✓ Cantonment
✓ Local Government (Town Municipal Officer/ Union/ Tehsil/ District
Council)
✓ Check what type of ownership right builder will transfer ULTIMATELY
✓ Insist for Registered Deed based on Fard/ Mutation from Arazi Centre.
✓ Be careful of getting a registered sale deed narrating just possession or allotment
letter
✓ DON’T GET SWAYED ON WORD “APPROVED SCHEME” ITS JUST THE
MAP OF SCHEME WHICH IS APPROVED AND THAT TOO WITH LIMITED
TIME TO COMPLETE
Address of property tells
the type of property?
Type of property according to land holding type.
 Property Logic/ Use of Word in address Type of land holding right Who approves Map

House 41, Khayaban e Mujahid. DHA Phase 5, Lease (In Sindh). Land Held by Cantonment and DHA

Karachi leasing through Lease

Housing Authority

House 5, Block 9, Clifton. Karachi Clifton is Cantonment Board Area Lease Cantt Board

Plot 48, SITE Area. Karachi Industrial Estate Allotment Industrial Estates operated through SBCA

House No 48, Steel Town Cooperative Housing Cooperative Housing Society Allotment See the map for ambit of Development Authority/

Society. Karachi Local Government

Survey No 12, Deh Mithun, Mirpur Khas. Wherever word Deh, Survey, Goth will be used in Sindh Freehold See the map for ambit of Development Authority/

Address, it will be a freehold/ Land Revenue, Land Revenue Local Government

House No 73, Moon Road, Civil Lines, Larkana Word of “Civil Line” shows it is a “Colony” owned by Lease Larkana does not have metropolitan area and

Provincial Government through Land Revenue Department. development authority hence local government

Lease/Allotment is made and in some rare instances

Government has sold them auction.

Khasra No 55, Khewat 5, Mauza Thull, Dera Allah Words of “Khasra Number”, “Khewat”, “Khatoni”, Free hold See the map for ambit of Development Authority/

yar “Mauza” “Kot”, means free hold Local Government

May be private scheme

House Number 5, Airport Road. Multan Cantt. Word of cant means Lease Lease Cantt

99-BB, Phase 4, DHA. Lahore Except for in Sindh, All Development Authorities Allot in Allotment DHA
MODES OF CONVEYANCE
 MODES OF TRANSFER
1. Sale
2. Exchange
3. Gift
4. Relinquishment
5. Inheritance
6. Will
7. Conveyance
I. Court Decrees
II. Grant through Allotment
III. Lease
IV. Allotment
 INSTANCES OF TYPES
Free Hold Lease Allotment

Revenue Based Properties MEO properties Cooperative Societies

Urban/Property tax Properties Provincial Government owned Development Authorities

Properties in Sindh

Evacuee Trust Properties Hills/ Authorities Industrial Estates/

Government special Schemes
 TYPES OF FREE HOLD
URBAN PROPERTIES

• Through conversion from Rural to Urban

– Sindh
– Other than Sindh
• Through transfer from Development Authority
• Through Evacuee Property Trust PTD
• Through PTO
• Apartments
– Sindh ( Form II areas)
– Other than Sindh
 DOCUMENTS NARRATING INTEREST
URBAN-FREE HOLD
1. Sale deed,
2. Mutation/ Sanad
3. Sakni certificate from Tehsildar if plot is Shamile Abadi Area
4. Fard Jamanbandi/ Form II
5. Aks Shajra
6. P.T.O./P.T.D/Sale Deed/Gift Deed
7. City Survey Extract/Deh Form-II (Mutation)
8. Statement issued by the Legal Heirs along with copy of
statement from City Survey in cases of heir ship
 ALLOTMENT
• Allotment means the grant by a person duly
authorized in this behalf of a right of use or
occupation of any immovable property to any other
person, but does not include a grant by way of lease;
• The term allotee also covers a person who, after a
property is allotted in his name, acquires it by
following a prescribed sale process. This may include
paying the transaction cost and
several registration charges.
• Allotment of rights means conferring the right to
use/ enjoy exclusive possession.
 WHO CAN ALLOT?
• Federal Government
• Provincial Government
• Board of Revenues
• Cooperative Housing Societies
• Industrial Estates
• Development Authorities
• (individuals cannot issue allotment/ allocation letters)
 SOME FACTS ABOUT ALLOTMENT
• Allotment of rights means conferring the right to use/ enjoy exclusive
possession.
• No one can pass a better title unless he himself possesses.
• Allotment can be “allotment of leasehold rights”.
• Transfer of allotment will be through “transfer letter”.
• Sale of allotment rights can also be made through registered deed, but
it shall be “sale of allotment rights”. The title of the land in this case
will be allotment letter not the sale deed, which will be considered
corroborative document.
 LAWS RELATING TO COOPERATIVE
HOUSING SOCIETIES
• The Cooperative Societies Act 1860 (Applicable only for
Charitable Societies)
• The Cooperative Societies Act 1925 (Applicable on all other types
of CO-OP societies
• The Cooperative Societies Rules 1927
• The Sindh Cooperative Housing Societies Act 2020
• Sindh Cooperative Societies Rules, 1927
• Model By-Laws of Cooperative Housing Society Punjab
DOCUMENTS-COOPERATIVE SOCIETY
1. Sale Agreement (Regd) (OPTIONAL)
2. Allotment order
3. Transfer letter (in case of transfer of plot)
4. Share Certificate (Optional)
5. By-Laws of Society
6. Building Plan of House approved by Development Authority
under which Society is located/ TMO
7. Permission to Sale/Mortgage/Assign
 ALLOTMENT FOR KACHI ABADI OR
SPECIAL SCHEMES
• Specific purpose-helping the poor
• Restriction for further transfer upto certain time
• Rights allotted vary in different areas (leasehold rights can
be allotted too)
• Subject to building control
 LEASE TPA 1882
• 105. Lease defined. A lease of immovable property is a transfer of a
right to enjoy such property, made for a certain time, express or
implied, or in perpetuity, in consideration of a price paid or
promised, or of money, a share of crops, service or any other thing of
value, to be rendered, periodically or on specified occasions to the
transferor by the transferee, who accepts the transfer on such terms.
• Lessor, lessee, premium and rent defined. The transferor is called
the lessor, the transferee is called the lessee, the price is called the
premium, and the money, service or other thing to be so rendered is
called the rent.
 LEASE-LAND RIGHTS?
• Lessor is the owner, lessee is just enjoying “exclusive” rights of
possession.
• The status and duration of leasehold ownership is normally
governed by the type of land use. Leases for agricultural use are
short-term (lasting 1-5 years), medium-term for agro-based
industry such as poultry or dairy farms (10-33 years), and long
term for residential, commercial, industrial and amenity uses
(usually 99 years).
 LEASED PROPERTIES
• MEO properties (Cantonment Board)
• Provincial Government owned Properties in Sindh ( City
Registrar)
• Hills/ Authorities (Concerned Development Authority)
 LEASE-MILITARY ESTATE LANDS
• MILITARY ESTATES OFFICER-. Military Estates
Officers are the agents of the Government of Pakistan
for the administration of certain lands the property of
that Government, and perform the functions
prescribed by these rules and the rules for the
Acquisition, Custody and Relinquishment of lands.
• General Land Register—The Military Estates Officer
shall prepare, in the form prescribed in Schedule I, a
General Land register of all land in the Cantonment
• The Register should be divide into as many volumes of
convenient size as may be necessary and one page
should be allotted to each survey number.
 MEO-SURVEY NUMBER
• Every piece of land which is in separate occupation or use of any
kind shall be given a separate survey number in the register.
• Where a military holding is spread over large areas, each of which
is separated by a well defined boundary, each portion should
receive a separate number; roads which traverse a holding and
over which the public has a right of way should be excluded from
the holding “Separate survey number” includes Survey numbers
as well as subsidiary survey numbers.
• In the case of mutations the plot should be described by
subsidiary survey numbers
GENERAL LAND REGISTER
 THREE CATEGORIES OF MEO LAND
Land in Cantonments must fall into one or other of three main
categories, namely:-
• (1) Land which “is vested in Central Government (forces)”.
(Classes “A and “B”).
• (2) Land which “is vested in the Cantonment Board.” (Class
“C”).
• (3) Land which falls into neither of the first two categories.
 LEASE OF PROVINCIAL LANDS-Sindh
• Lease to Development Authority
• Lease by Development Authority
• Lease for specific purpose
• Lease for Agriculture
• Conversion of Rural Land (Goth Abad Act) issuance of Form
II/ Issuance of Lease by Development Authority
 SALE
• As per Section 54 of Transfer of Property Act 1882, “Sale” is a transfer of
ownership in exchange for a price paid or promised or part paid and part promised.
Such transfer, in the case of tangible immovable property of the value of one
hundred rupees and upwards, or in the case of a reversion or other intangible thing,
can be made only by a registered instrument.

• In the case of tangible immovable property, of a value less than one hundred rupees,
such transfer may be made either by a registered instrument or by delivery of the
property. Delivery of tangible immovable property takes place when the seller places
the buyer, or such person as he directs in possession of the property.

• A contract for the sale of immovable property is a contract that a sale of such
property shall take place on terms settled between the parties. It does not, of itself,
create any interest in or charge on such property.
 EXCHANGE
• As per Section 118 of Transfer of Property Act 1882, when two
persons mutually transfer the ownership of one thing for the
ownership of another, neither thing or both things being money
only, the transaction is called an “exchange”. A transfer of
property in completion of an exchange can be made only in
manner provided for the transfer of such property by sale.
 GIFT
• A gift of a property can be made in favor of a natural person (human being)
or a legal person, such as a company, trust etc.
• A gift can be made to any person out of love and affection i.e. daughter,
teacher etc.
• A gift can be made to any person in return for his/her services rendered to the
donee i.e. a servant.
• A gift can be made to a daughter to equalize her share in inheritance.
• During lifetime, One can gift all my property or a part of it. One can make a
gift of the whole of that property of which he/she is the sole owner.
However, one can make a gift of his/her share if the property is jointly owned.
• A gift made during Marz-ul-Maut cannot take effect beyond 1/3 of a donee's
estate, after payment of funeral expenses and debts, unless the legal heirs of
the deceased endorse such a gift after the donor's death. A gift made in favour
of an heir during Marz-ul-Maut cannot take effect unless other legal heirs
endorse such a gift after the donor's death.
 INHERITANCE & SUCCESSION
• Inheritance is the process of the heir inheriting his ancestors' Property.
Succession governs how the inheritance would take place.
• Upon death of any family member, legal heirs languish in courts for
years before they are able to obtain Letters of Administration (for
immovable properties) and Succession Certificates (for movable
properties).
• Succession Certificate & Letter of Administration can be sought from
NADRA instead of Civil Court. (certain areas in Pakistan) and in case
of dispute/ issue, application is filed under Succession Act 1925.
• https://succession.nadra.gov.pk/
SUCCESSION CERTIFICATE THROUGH NADRA

• Application initiation and deceased details

• Legal heirs and Assets Details
• Biometric Verification/Consent by Legal Heirs
• Document Scanning
• Advertisement in Newspaper
• Objection logging
• Case Approval
• Printing and Delivery
 ADMINISTRATION OF THE ESTATE OF
DECEASED MUSLIM
The estate of a deceased Mahomedan is to be applied successively in payment of
1. His funeral expenses and death-bed charges;
2. expenses of obtaining probate, letters of administration, or succession
certificate;
3. Wages due for service rendered to the deceased within three months next
preceding his death by any laborer, artisan or domestic servant;
4. Debts of the deceased according to their respective priorities (if any); and
5. Legacies (wills etc) not exceeding one-third (sunni/shia difference) of
what remains after all the above payments have been made.
6. The residue is to be distributed among the heirs of the deceased according
to the law of the sect to which he belonged at the time of his death
 RULES
• Upon death all the assets and civil liabilities are devolved to legal
heirs. Criminal Liability dies with the death.
• During the life time of an ancestor a legal heir cannot claim any
estate as right. Birth right is not recognized.
• Whether the murder was intentional or by accident, any act
committed by the heir apparent which causes the death of his
ancestor, punishable under the law, forbids him to inherit the
ancestor’s property.
 RULES
• Illegitimate child is considered to be the child of the mother only.
• Hence, it cannot inherit from the father, and neither can the
father inherit from it.
• If it is proved that a person is missing for 7 years and has not
been heard of, then the burden of proof of his life is on the
person to affirm it. (Section 124 of Qanoon e Shahadat Order
1984)
 RULES
• A person who changes into a different faith than Islam or an
apostate is not entitled to inherit the property of a deceased
Muslim under Islamic law.
• If there is none from the classes of heirs, the properties of the
deceased are ultimately inherited by the State.
• ESCHEAT is right of a government to take ownership of estate
assets or unclaimed property
 SUNNI LAW

Deceased
SHARER

RESIDUARY

DISTANT KINDRED
 SHIA LAW

Deceased
SHARER
RESIDUARY
 DECEASED

DISTANT
QURANIC SHARERS RESIDUARY
KINDRED

HUSBAND DESCENDANTS
WIFE ¼, 1/8
½,1/4 DESCENDANTS ASCENDANTS
SONS
SONS OF DECEASED OF DECEASED
SONS, DAUGHTERS OF SON
DAUGHTER OF SON
Daughter`s
ASCENDANTS Children & False Grand
descendants Father/mother
MOTHER 1/6, True Children`s
FATHER 1/6 Father
Descendants
1/3 Grandfather daughters &
descendants of parents
Descendants (daughter/mot
PATERNAL PATERNAL GRAND
Full
of father her side)
GRANDFATHER 1/6 MOTHER 1/6 Consanguine Sons and sons of full
Brother/ Brothers & & Consanguine
SIsters Sister Brother
FULL SISTER CONSANGUINE
Descendants of
2/3 SISTER ½, 2/3 Paternal Grand
father
UTERINE BROTHER UTERINE Full Sons of full & SUNNI
1/6, 2/3 paternal Cong paternal Consanguine
SISTER 1/6, 2/3 paternal uncles LAW
uncles Uncles
 DECEASED

HEIRS BY HEIRS BY MARRIAGE

CONSANGUINITY (HUSBAND/WIFE
(SAME FATHER)

CLASS 1 CLASS 2 CLASS 3

GRAND PARENTS PATERNAL UNCLES &

PARENTS HOW HIGH AUNTS
SOEVER SHIA LAW
CLASSES OF HEIRS
MATERNAL UNCLES
& AUNTS
CHILDREN/ BROTHERS &
OTHER LINEAR SISTERS & THEIR
DESCENDANTS DESCENDANTS CHILDREN OF PATERNAL
AND MATERNAL UNCLES &
AUNTS
 WILL

• 'Will' is a method by which a person may instruct, during

his/her lifetime, about the treatment of his/her properties
after his/her death.
• A person uses a Will when he/she wants his/her property to
be treated after his/her death, differently from the personal
law of inheritance, which is applicable to him/her.
 WILL SUNNI & SHIA LAWS
• Although a Will can be made orally or in writing, it is better to reduce it to writing to avoid
complications of proving it through evidence before courts in legal proceedings as it will be
more difficult to prove an oral Will if it is disputed.
• In Islamic law, the two major sects, 'Sunni' and 'Shia' have different rules for making Wills.
• A Sunni Muslim can dispose off a maximum of 1/3 of his/her estate through a Will.
The rest of the property has to be compulsorily divided among the legal heirs of a deceased
Sunni Muslim.
• A Shia Muslim can dispose off more than 1/3 of his/her estate through a Will. If the
Will is made by a Shia Muslim with respect to more than 1/3 of the estate, then this Will
shall not be valid unless other legal heirs give their consent.
• Revocation of Will
– Will can be changed during the lifetime of a person who has made a Will.
– A Will cannot be changed, by a person making a Will, when that person is on his/her deathbed.
– A Will can be revoked during the lifetime of a person who has made a Will.
– A Will cannot be revoked by a person making a Will when he/she is on his/her deathbed.
 POWER OF ATTORNEY
• General Power of Attorney means that Attorney may perform more
than one job on behalf of the Principal and all his acts will be
binding on the Principal as done by him and under his authority
• Irrevocable. If the Power of Attorney is executed for consideration
then it cannot be unilaterally revoked.
• Special Power of Attorney
• Registration Requirements
• Death of Principal
• Pecuniary Liability incurred
• Precautions
 CREATION OF CHARGE
MORTGAGE
• A mortgage is the transfer of an interest in specific immovable
property for the purpose of securing the payment of money
advanced or to be advanced by way of loan, an existing or
future debt or the performance of an engagement which may
give rise to a pecuniary liability.
CHARGE AS PER SECTION 100 OF TPA
• Where immovable property of one person by act of parties or
operation of law made security for the payment of money to
another, and the transaction does not amount to a mortgage,
the latter person is said to have a charge on the property; and all
the rights and liabilities which apply to a simple mortgage shall,
so far as may be, apply to such charge.
 TYPES OF MORTGAGE
1. Simple Mortgage also known as Registered Mortgage.
2. Mortgage by conditional sale.
3. Usufructurary mortgage.
4. English Mortgage
5. Mortgage by deposit of title deed (Equitable Mortgage).
6. Anomalous Mortgage.
 SIMPLE MORTGAGE
• Where, without delivering possession of the mortgaged property,
the mortgagor binds himself personally to pay the mortgage
money, and agrees expressly or impliedly, that, in the event of his
failing to pay according to his contract, the mortgagee shall have a
right to cause the mortgaged property to be sold and the proceeds
of sale to be applied, so far as may be necessary, in payment of
the mortgage-money, the transaction is called a simple mortgage
and the mortgagee a simple mortgagee
 REGISTERED MORTGAGE HOW CREATED
• Registered Mortgage is created by executing mortgage deed (being a contract between bank and
customer). This agreement is registered with the registrar of assurances and requisite stamp fee
and registration fee as per provincial stamp duty schedule, is paid.
• Following steps are involved.
– Stamp Papers as per required stamp duty
– Printing of stamp papers as per standard format of IB-22/23
– Appointment of Local Commission or Presentation of deed with both the parties before sub-
registrar. (whereapplicabale)
– Signature of the both parties
– Two Witnesses
– Report of Local Commission (in case of appointment of local commission.
– Submission of Documents to Registrar
– Rectification of any Objection raised by Registrar
– Re-submission to Registrar
 REGISTERED MORTGAGE HOW CREATED
• Formalities pertaining to photo registrar.
• The date of making of a document needs not be the date of execution and subsequent
registration. As per section 49 of the Registration Act, the document after its
registration shall be deemed to be effective since its execution.
• Registration of deed by the registrar and recording the same in Book 1. The registrar
shall affix following details on every document after registration,
– Document Number.
– Book No (which is always Book 1)
– Volume No.
– Sub-Volume No (if used).
– Date of Registration.
– Stamp of Registration Authority.
– Signature of Registration Authority.
 EQUITABLE MORTGAGE
• “Where a person delivers to a creditor or his agent documents of title to immoveable property
with intent to create a security thereon, the transaction is called a mortgage by deposit of title
deeds”. (Section 58-f of TPA 1882).
• Equitable mortgage is created by mere deposit of title deed, however to further secure the
interest of the bank a “memorandum” of deposit of title deed (MODTD) is sought from
borrower.
– The equitable mortgage is created when the documents are deposited with the bank
with the intention to create equitable mortgage for seeking loan.
– The memorandum of deposit of title deeds (MODTD/IB-24) is executed to recite
the arrangements made.
– The IB-24 needs not be compulsorily registered with registrar of assurances.
– The date of MODTD/IB-24 should be same as of IB-6 (Agreement for Financing).
– The date of IB-6 and IB-24 should ideally be the date of date of disbursement
(allowing limit thoughtless of the fact that first withdrawal is made afterwards).
NOT ALL REGISTERED DOCUMENTS
ARE TITLE DEEDS
(THERE IS NO LAW FOR LAND TITLING IN PAKISTAN- WE ARE USING
REVENUE GATHERING SYSTEMS FOR LAND TITLING)
 WHAT CAN BE CONVEYED
(TANSFER OF PROPERTY ACT 1882)
• What may be transferred. Property of any kind may be transferred.
• An easement cannot be transferred apart from the dominant heritage.
Nothing in this section shall be deemed to authorize a tenant having
an transferable right of occupancy to assign his interest. (Section 6 of
TPA 1882)
• The seller is bound to disclose to buyer any material defect in the
property or in the seller's title thereto of which the seller is, and the
buyer is not, aware, and which the buyer could not with ordinary care
discover. (Section 55 (1)(a) of TPA 1882)
• Latin maxim, nemo dat quod non habet, which means “no one can
transfer a better title than what he himself possesses”
 DISCLAIMERS OF
REGISTRATION ACT 1908

• “Registering officer not liable for thing bona fide done or refused in
his official capacity. No registering, officer shall be liable to any
suit claim or demand by reason of anything in good faith done or
refused in his official capacity”. (Section 86 of Registration Act
1908)
 DISCLAIMERS OF REGISTRATION RULES 1929
Registering officers not concerned with validity of document.---
• “Registering officers should bear in mind that they are in no way concerned with the
validity of documents brought to them for registration, and that it would be wrong
for them to refuse to register on any such grounds as the following, e.g., that the
executant was dealing with property not belonging to him, or that the instrument
infringed that rights of third persons not parties to the transaction, or that the
transaction was fraudulent or opposed to public policy. These and similar matters are
for decision, if necessary, by competent Courts of law and registering officers, as
such, have nothing to do with them. If the document is presented in a proper
manner by a competent person at the proper office within the time allowed by law
and if the registering officer is satisfied that the alleged executant is the person he
represents himself to be, and if such person admits execution, the registering
officer is bound to register the document without regard to its possible
effects”
• (Rule 135 of Registration Rules 1929
 TAKE AWAY

Latin maxim, “Caveat Emptor”

means
“Buy at your own risk”
 USES OF LANDS
• URBAN PROPERTIES
• AGRICULTURAL PROPERTIES
• COMMERCIAL PROPERTIES
• INDUSTRIAL PROPERTIES
 BUILDING AUTHORITIES
TOWN PLANNING, BUILDING CONTROLS
&
LAND HOLDING RIGHTS
 SINDH-LAND DEVELOPMENT AUTHORITIES
• Sindh Building Control Authority (SBCA)
• Karachi Development Authority (KDA)
• Malir Development Authority (MDA)
• Lyari Development Authority (LDA)
• Hyderabad Development Authority (HAD)
• Sehwan Development Authority (SDA)
• Sindh Kuchi Abadi Authority
• Defence Housing Authority
 DEVELOPMENT AUTHORITIES IN
PUNJAB
• Defence Housing Authority (Lahore, Multan, Holding of land and allotment. Land Development
Gujranwala, Rawalpindi, Bahawalpur) No other Building laws apply on DHA.

• Lahore Development Authority (LDA) Holding of land and allotment/ permeant transfer of
proprietary rights (now abandoned). Land Development

• Rawalpindi Development Authority (RDA) Holding of land and allotment. Land Development

• Gujranwala Development Authority (GDA) Holding of land and allotment. Land Development

• Faisalabad Development Authority (FDA) Working under THE PUNJAB DEVELOPMENT OF

CITIES ACT, 1976
Holding of land and allotment. Land Development
• Multan Development Authority (MDA) Working under THE PUNJAB DEVELOPMENT OF
CITIES ACT, 1976
Holding of land and allotment. Land Development
 DEVELOPMENT AUTHORITIES IN
PUNJAB
• Bahawalpur Development Authority (BDA) Holding of land and allotment. Land Development

• Sargodha Development Authority (SDA) Holding of land and allotment. Land Development

• D.G. Khan Development Authority (DGKDA) Working under THE PUNJAB DEVELOPMENT OF CITIES
ACT, 1976
Holding of land and allotment. Land Development
• Koh-e-Suleman Development Authority (KeSDA) (previously exercise control over land-use, spatial planning, land-subdivision,
Fort Munro Development Authority) land development and zoning by public and private sectors for
purposes of commerce, markets, shopping, residential, recreation,
parks, entertainment, passenger and transport freight and transit
stations, commercialization and approval of private housing
schemes;
• Thal Development Authority • It extends to the districts of Mianwali, Bhakkar, Muzaffargarh,
Layyah and Khushab.
• The Authority may frame a scheme or schemes for the
development of any local area or part thereof
• Holding of land and allotment. Land Development
• The land which was not shown as banjar jadid, banjar qadim or
ghair mumkin in Khasra girdawari of Rabi 1951 shall not be
acquired. Land holding less than 15 acres shall not be acquired.
 KP DEVELOPMENT AUTHORITIES
Khyber Pakhtunkhwa Housing Authority • Established under Khyber Pakhtunkhwa Housing
(Policy making and overseeing body) Authority Act, 2005
• To facilitate affordable housing schemes
• formulate provincial land use policy.
• As per Khyber Pakhtunkhwa Model Building Bye-
laws, 2017, residential plots are “allotted” under the
schemes made by Land Development Authorities.
Peshawar Development Authority (PDA) • Allotment in schemes
• Approval of private schemes societies.
• Building controls
Abbottabad Development Authority (ADA) • Allotment in schemes
• Approval of private schemes societies.
• Building controls
Bannu Development Authority (BDA) • establishing Townships Schemes and
• to execute developmental works -
 KP LAND DEVELOPMENT AUTHORITIES
D.I. Khan Development Authority • Building Control & Development
• Allotment of schemes made by itself

Galiyat Development Authority • No Housing Scheme is allowed in the private sector as per
Galiyat Development Authority Building By Laws 2003.
• Plots shall be allotted and transferred through transfer
deed form.

Karak Development Authority • Building Control & Development

• Allotment of schemes made by itself

Kaghan Development Authority • Building Control & Development

• Allotment of schemes made by itself
• Licence for Shops
• Lease of some of the buildings

Kohat Development Authority • Building Control & Development

• Allotment of schemes made by itself
 KP LAND DEVELOPMENT AUTHORITIES

Mardan Development Authority • Building Control & Development

• Allotment of schemes made by itself

Mansehra Development Authority • Building Control & Development

• Allotment of schemes made by itself

Swabi Development Authority • Building Control & Development

• Allotment of schemes made by itself

Swat Development Authority • Building Control & Development

• Allotment of schemes made by itself

Kalam Development Authority To be developed under KP Urban Area Development

Ordinance 2020

Lower Dir Development Authority To be developed under KP Urban Area Development

Ordinance 2020
 BALUCHISTAN DEVELOPMENT
AUTHORITIES
Balochistan Special Development Board (For Low Cost • To provide units through open ballot system which
Housing Schemes) shall be not less than 120 square-yards for Low Cost
Established under Balochistan Special Development Housing and 80 square-yards for Shelter Homes,
Board Act, 2017 • The units allocated shall not be rented and
transferred for a period of fifteen years from the date
of allocation of such unit and no sale deed or power
of attorney shall be registered for transfer of units; to
ensure that the target group may benefit from this
facility as end-user;
• to issue instructions to the full fledge Balochistan
Building Control Authority on its constitution/
formation, but presently under QDA or MCQ
Baluchistan Development Authority • To control and regulate construction, provision of
amenities, town planning, building control in entire
province.
• Allotment of Industrial and Residential Plots by
Development Authorities.
 BALUCHISTAN –LAND DEVELOPMENT AUTHORITIES

Quetta Development Authority • For Quetta City & Outskirts

(Established through Quetta Development Authority • Allotment & Lease in certain types of properties
Ordinance 1978)

Gawadar Development Authority • Allotment of Plots

• Building controls
DIVISIONS OF PAKISTAN &
DOCUMENTS
AUTHORITIES HOLDING LAND RIGHTS IN
KARACHI
 DOCUMENTS USED IN KARACHI
Title Documents
A. Free hold properties (Rural Areas): D. Cooperative Housing Society/ Industrial
1. Ownership Certificate duly issued by the Taluka Estates:
Mukhtiarkar or Sanad (L-20) 1. Allotment letter
2. Deh Form-VII/Mutation 2. Share Certificate
3. Deh Form-II /Mutation 3. Lease Deed
4. Aks Shajra/site plan 4. Extract of the Property
B. Free Hold Property (Urban Areas): OTHER DOCUMENTS
1. P.T.O./P.T.D/Sale Deed/Gift Deed 1. N.E.C. (Search Certificate) from the date of
2. City Survey Extract/Deh Form-II (Mutation) execution of lease deed
3. Statement issued by the Legal Heirs along with copy of 2. Approved Building Plan with approval letter
statement from City Survey in cases of inheritence from SBCA
C. Lease Hold Property: 3. Approved Site/lay out Plan from
1. Lease Deed/Sub-Lease Deed/Sale Deed/Gift Deed KDA/MDA/LDA
2. Deh Form-II (Mutation) (in case of Gothabad scheme 4. Clearance Certificate from MEO (in case of
MDA/LDA) Cantt)
3. Allotment order in case of Gothabad schems, Katchi 5. Approved Building plan from MEO/DHA
Abadi schemes in case of Cantt/ DHA Properties
D. Cantonment Areas: 6. Permission to Mortgage/Sale ( in lease or in
1. Lease Deed allotment where first document does not
2. Extract of the Property grant right)
3. Search Certificate
 Hyderabad/ MirpurKhas Division
Title Documents Other documents required
A. Free hold properties (Rural Areas): 1. N.E.C.
1. Ownership Certificate duly issued by the 2. Approved Building Plan with
Taluka Mukhtiarkar or Sanad approval letter
2. Deh Form-VII
3. Approved Site Plan
3. Deh Form-II (Mutation)
B. Free Hold Property (Urban Areas): 4. Aks-e-Shajra
1. P.T.O./P.T.D/Sale Deed/Gift Deed 1. N.E.C.
2. City Survey Extract/Deh Form-II (Mutation) 2. Approved Building Plan with
3. Statement issued by the Legal Heirs along with approval letter
copy of statement from City Survey in cases 3. Approved Site Plan
of heir ship
1. N.E.C. from the date of execution of
C. Lease Hold Property:
lease deed
1. Lease Deed/Sub-Lease Deed/Sale Deed/Gift
2. Approved Building Plan with
Deed
approval letter
2. Deh Form-II (Mutation)
3. Approved Site Plan
3. Allotment order
4. Clearance Certificate from MEO
D. Cantonment Areas:
5. Approved Building Plan with
1. Lease Deed approval letter
2. Extract of the Property 6. Approved Site Plan
 Sukkur/ Larkana/ Jacobabad/ Dadu/
Khairpur
Title Documents Other documents required
Urban Area
1. Sale Deed 1. N.E.C.
2. P.T..D/P.T.O 2. Permission to Assign
3. F.T.O. 3. Approved Building Plan
4. Gift deed with approval letter
5. Lease Deed/Sub-lease deed
6. City Survey Extract
7. Deh Form-II
8. Deh Form-VII
9. Mutation

Rural Area
1. Owner Ship Certificates issued by 1. N.E.C.
Union Council Authorities 2. Approved Building Plan
2. Owner Ship Certificate issued by 3. Development Certificate
Mukhtiarkar concerned issued by Union Council
3. Deh Form-II
 Quetta/ Bolochistan
Title Documents Other documents required
A. Lease hold properties
1. Lease Deed 1. Fard Jamabandi Record
2. Sale Deed (in case of subsequent transaction) 2. Sale Deed (in case there is subsequent
3. Mutation transaction (Registered)

B. Free Hold Property (Rural & Urban Area) 1. Permission to assign

1. Sale Deed (Registered) 2. N.E.C. from the date of lease deed
2. Mutation in favor of Applicant 3. Approved Building Plan
3. Fard
4. Jamabandi Record
C. Free Hold Property (with no sale deed):
1. Mutation in Favor of applicant 1. Building Plan with Building Permit
2. Fard 2. N.E.C.
3. Jamabandi Record 3. Aks e Shajra
4. Sakni Certificate
D. Lease Hold cases of Cantonment Area
1. Lease Deed (Registered)
2. Sale deed (In case of a subsequent Transaction) 1. Building Plan with Building Permit
2. N.E.C.
E. Lease Hold cases where land leased by 3. Aks-e-Shajra
Municipal/Town Committee, Local Govt,
Prov.Govt. 1. Site Plan
1. Jamabandi Record 2. Non Encumbrance Certificate
3. Building Plan with Building Permit
 Multan/ Bahawalpur Division
Title Documents Other documents required

(a) Free hold properties (Urban) 1. Aks-e-Shajra

1. Sale Deed/Gift Deed/Exchange 2. Approved Building plan +
Deed/Court Decree Approval letter
2. Court certified copy of Mutation
3. Copy of record of Right (Fard Malkiyat)
1. Clearance certificate from Excise
(b) Urban area land where no record is & Taxation Department
available in Revenue Department: 2. Building plan + Approval letter
1. P.T.D. 3. Indemnity Bond regarding finality
2. Confirmation of P.T.D. of P.T.D.
3. PT-I
1. Building Plan + Approval letter
2. N.E.C. from the date of Lease
(c) Lease Hold Property: Deed
1. Lease Deed/Sub Lease Deed 3. Approved Building Plan
2. Extract from GLR
 Faisalabad/ Sargodha Division
Title Documents Other documents required

A. Free Hold property (Urban Area) 1. Aks-e-Shijra

1. Sale deed, 2. Approved Building Plan with
2. Gift deed (Regd) approval letter N.E.C.
3. Mutation
1. Approved Building Plan with approval letter
4. Fard Jamanbandi
1. Possession slip
B. Evacuee Property (Urban Area)
2. Approved Building Plan with approval letter
1. PTD/PTO
2. Confirmation of PTD (Permanent Transfer deed)
1. Approved Building Plan with approval letter
C. FDA/Punjab Govt. Housing Scheme (Urban)
1. Sale Agreement (Regd) 1. Approved Building Plan with Approval letter
2. Allotment order from District Council/Union Council
3. Transfer letter (in case of transfer of plot) concerned
D. Cantonment Board (Urban Area)
1. Lease deed
2. MEO letter
3. Copy of G.L.R.

E. Rural Area:
1. Sale Deed
2. Mutation or Oral Mutation
3. Jamanbandi
4. Demarcation Certificate
 Lahore/Gujranwala Division
Title Documents Other documents required for investment
A) Free Hold Properties: 1. Akse-Shujra
1. Registered Sale Deed 2. Building plan with
2. Certified copy of Mutation approval letter
3. Jamabandi

1. Possession order
B) Government Schemes:
2. Site Plan
1. Registered Sale Agreement/Sale Deed
3. Building Plan with approval letter
2. Transfer letter/Allotment letter

1. Site Plan
C) Lease Hold & Contentment Schemes: 2. Building Plan with approval letter
1. Registered Lease deed/Sub-Lease
2. General Land Register (Certificate)

(d) DHA/ Societies

1. Allotment letter
2. Site Plan
3. Bylaws
 Islamabad (Capital Area)Other cities of Islamabad

Title Documents Other documents required for investment

Allotment Letter/Transfer order Permission to Assign
1. Site Plan/ Layout Plan
After completion of house a Conveyance 2. Demarcation Certificate
Deed is executed between CDA and 3. Approved Building plan
Allottee along with approval letter

a) Free hold properties (Urban 1. Possession order/slip

1. Registered Sale deed/Gift Deed
2. Last Jamabandi, or city survey record
3. Mutation or sakni certificate from 1. Akse Shajra duly demarcated
Tehsildar if plot is Shamile Abadi Area 2. Approved Building Plan
3. Co-sharer Affidavit (in case
b) Free hold property (Rural) of co-sharer)
The following documents are required in
addition to above documents:
1. Permission from Tehsildar
 Islamabad (Capital Area)Other cities of Islamabad Zone
(…….. Contd…..)

c) Lease hold property of Cantonment Area

1. Lease deed/Sub Lease duly registered
2. GLR (General Land Register)

d) Evacuee Property:
1. Permanent Transfer Deed
2. PT-1
3. Subsequent Transfer
4. Possession order
5. Site Plan of Plot
6. Approved Building Plan
7. Letter of approval of the building plan
e) DHA/ Societies
1. Allotment letter
2. Site Plan
3. Bylaws
 Peshawar Division/ KPK

Title Documents Other documents required

A. Lease Hold Properties: 1. Approved Building

1. Sale Deed Plan with approval
2. Lease Deed
3. Gift Deed
letter
4. Permanent Transfer Deed in 2. Approved Site Plan
case of Evacuee Property
(PTD)
5. Mutation Certificate

B. Free Hold Properties: 1. Certificate of Assurance by

1. Last Jamabandi or City Survey Collector
Extract 2. Aks-e-Shajra
2. Sale Deed (in case of 3. Building Plan
purchase)
3. Mutation
 Abbottabad/Hazara Division/ Northern Areas

Title Documents Other documents required

A. Lease Hold Properties: 1. Site plan of the plot

1. Lease deed or agreement for sale/Sale 2. Approved Building Plan with
deed approval letter

B. Free Hold Property: 1. Aks-e-Shajra

1. Mutation 2. Site plan
2. Last Jamabandi 3. Approved Building Plan with
3. Sale deed (in case property is purchased approval letter.
by applicant)

C. Un-Settled Area of Northern

Areas: 1. Approved Building Plan with
1. Girdawri approval letter
2. Sale Deed 2. Aks Shajra
 GILGIT BALTISTAN
• Land tenure system in Gilgit-Baltistan (GB) is a mosaic of
formal and informal patterns. Broadly it can be categorized
into
– Private land (Through Settlements under Land Revenue 1967)
– Private Land (under Nautor-meaning grant of waste land for
subsistence) )‫)ونوطر‬
– Khalisa land (state land),
– Government land (exclusively owned by the State),
– Shamilat-E-Deh (community lands)
– Charagahs (pastures).
• Although various exercises to prepare land records have been
taken in hand since 1887 to bring lands in the formal fold,
yet a larger part has remained unsettled till today.
 TYPES OF LANDS
Private Land:
• In Gilgit-Baltistan, private lands are taken as lands in which
some individual or families enjoy exclusive rights of use. In
settled areas, such rights are recognized by an entry in Records-
of-Rights/ subsequent periodical records. It could have been
acquired as hereditary, by sale, gift or otherwise. A good proof
of such a title can be Fard (copy of entry in periodical record) or
mutation. In unsettled areas these rights are being regulated by
customary rules and possession
Khalisa Land
• These are government lands which have either been entered as
Khalisa land in revenue record in settled areas or in the unsettled
areas of former States, political District and Agency of Chilas
and Darel/ Tangir. It includes areas which had never been under
the possession of anybody or had not been allotted to any
community or a zamindar. It also includes all such “Berun-e-Line”
area outside the boundary of a village whether in a settled or
unsettled area.
 TYPES OF LAND
Community/ Customary Land
• Customary land is land whose allocation and use is
governed by traditional tribal laws. A community, as a
whole, gets rights in such lands. Any use, whatsoever, is
subject to general approval of all or at least nominated
representatives of that community.
Pasture Land:
• These are range lands and included in the category of
Khalisa lands with some grazing and right of usage to
neighbouring communities. To a pasture more than one
community do have grazing rights. The management of
these pastures is carried out by the Departments of
Agriculture and Forest in Gilgit-Baltistan.
 GB ORDER 2009
According to Fourth Schedule (Assembly Legislative List) of GB
(Empowerment and self-Governance) Order, 2009, GBLA is mandated to
legislate on land matters; especially security of tenure and titles, as shown
hereunder;
• Land, that is to say, rights in or over land; land tenures, including the relation
of landlord and tenant, and the collection of rents; transfer, alienation and
devolution of agricultural land; land improvement and agricultural loans;
colonization.
• Taxes on agricultural income and on the value of agricultural land.
• Duties in respect of succession to agricultural land.
• Estate Duty in respect of agricultural land.
• Taxes on lands and buildings
YET NO LAW MAKING IS CONDUCTED BY GB ASSEMBLY SO
FAR.
 RECOVERIES
LEGAL STRATEGY & FORECLOSURE
 FOR MICRO FINANCE BANKS
MICROFINANCE INSTITUTIONS ORDINANCE, 2001

• PART-1: APPLICATIONS OF OTHER LAWS

• (2) Save as otherwise provided in this Ordinance, the Banking Companies Ordinance and any
other law for the time being in force relating to banking companies or financial institutions
shall not apply to microfinance institutions licensed under this Ordinance and a
microfinance institution shall not be deemed to be a banking company for the purposes of
the said Ordinance, the State Bank of Pakistan Act, 1956 (XXXIII of 1956), or any other law
for the time being in force relating to banking companies.

• EFFECT
• Recoveries of the loans obtained from the Microfinance Institutions cannot be made under
the Recovery Ordinance 2001 through Banking Court.
• Recovery is made through summary suit under Order XXXVII(37) of Civil Procedure Code
1908 (CPC)
 ORDER 37 CPC
• RULE 2.
• Institution of summary suits upon bills of exchange, etc: - (1) All suits upon bills of exchange hundies or
promissory notes, may, in case the plaintiff desires to proceed hereunder be instituted by presenting a plaint in
the form prescribed; but the summons shall be in Form No.4 in Appendix B or in such other form as may be
from time to time prescribed.
• (2) In any case in which the plaint and summons are in such forms respectively the defendant shall not appear
or defend the suit unless he obtains leave from a Judge as hereinafter provided so to appear and defend; and in
default of his obtaining such leave or of his appearance and defence in pursuance thereof, the allegations in the
plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree –
• RULE 7
• Procedure suits: Save as provided by this Order the procedure in suits hereunder shall be the same as the
procedure in suits instituted in the ordinary manner.
 STEP IN RECOVERY AND APPLICABLE LAW
STEP LAW
Illegal possession/sale/ alienation of Mortgaged Property Section 20 FIO 2001.

Sale of moveable (pledged) property Section 176 of Contract Act

Sale of Moveable (other than pledged) property Section 19 of FIO 2001 read with FIO Rules 2018 after
decree
Sale of Immoveable Property • Section 15 of FIO 2001 read with FIo rules 2018
(before decree- from banking Court)
• Collector/ Tehsildar/ Mukhtiarkar under Land revenue
Act 1967
Filing of civil banking suit • Section 9 FIO 2001
• For NAPHDA related properties- With Adjudicator.
Filing of criminal complaint in case of dishonored cheque FIO 2001 (section 20)
Sale of immoveable property • FIO 2001 (section 19) after decree
• Collector/ Tehsildar/ Mukhtiarkar under Land revenue
Act 1967
Auctions and objection FIO 2001, objections to be filed under Order 21 Rule 67,
68, 90
 BANKING COURT PROCEEDINGS
• Plaint (section 9) with applications under section 16 and section 151 of CPC
• Permission to Leave & Appear to Defend (PLA). (section 10)
• Interim Decree under Section 11/ Interim or Final Decree under section 14
(mortgage based)/PLA allowed
• If PLA allowed then following steps will be observed. If decree is issued it
will convert into execution.
• Framing of Issues
• Questions of Fact
• Questions of Law
• Arguments
• Witnesses
• Decree
• Appeal
• District Court
• Single Bench High Court
• DB High Court (Intra Court Apeal)
• Supreme Court
• Execution. (section 19) with or without intervention of court.
• Criminal Complaint under section 20
 Recovery Modes
• Section 4(vii) of LACIP ACT 1973 reads “If the land owner fails to repay the amount of
the loan or advance in accordance with the terms of his agreement with the bank, the bank
may, without prejudice to any other legal remedy available to it, apply to the collector
for the recovery of the amount in default as an Arrear of Land Revenue and thereupon all
the provision of the Revenue Recovery Act, 1890 (I of 1890) shall apply to the recovery of
the amount in default as they apply to the recovery of an Arrear of Land Revenue.”
• Action will be taken by the Revenue Authorities for Recovery of the dues as Arrears of Land
Revenue under Provisions of the W.P. Land Revenue Act, 1967 as under:-

• Section– 81 A notice of demand to be issued by the Revenue Officer for payment of the
dues recoverable as Arrears of Land Revenue within 15 days.
• Section– 82 After lapse of 15 days of the notice of demand u/s 81, a “Further Notice” is
issued to the defaulter, and after lapse of 30 days of service of such further notice, the
Revenue Officer may issue a Warrant of Arrest directing a particular Officer to Arrest and
present the defaulter before the Revenue Officer.
 RECOVERY MODES
• Section– 83 Moveable propriety and uncut and un gathered crops may be distained and
sold by order of the Revenue Officer.
• Section– 84 Having exhausted the remedies by way of Arrest and sale of moveable
property, the District Officer Revenue (DOR) by an order may transfer and hand-over
possession of Agri-land of defaulter to any solvent Land Owner of the Estate for a period not
exceeding 15 years. The transferee of the Land will now become liable for making payment of
the relative arrears.
• Section– 86 When arrears of land revenue are due for more than one year, and foregoing
processes are not deemed sufficient, the DOR may, in addition to or instead of all or any of
these processes, order the annulment of existing assessment of the Agri-land in respect of
which the arrears are due.
• Section– 87 DOR shall issue a proclamation in respect of every attachment or annulment
of assessment of a land made on account of Arrears of Land Revenue. In this case, all
payments due from any person to the defaulter on account of Rents etc of the land will be
payable to the DOR.
• Section– 88 When all the foregoing processes are deemed to be insufficient, the DOR,
with prior approval of the Board of Revenue, may sell the Agri-land of the defaulter towards
satisfaction of the Arrears of Land Revenue.
• Section– 90 If the arrears can’t be recovered by way of the above processes, the collector
may effect the recovery by proceeding against other property, if any owned by the defaulter and
proclamation shall be issued prohibiting transfer or further charging of such property.
.
THANK YOU
& REMEMBER
 FACILITATOR`S CONTACT
DETAILS

[email protected]

https://www.youtube.com/c/EverydayLawbyAdnanAdilHussain

www.linkedin.com/in/adnanadilhussain