Professional Documents
Culture Documents
Agri & CAD 23
Agri & CAD 23
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
• Production loss risk
• Managerial
Farmer risks
• Risk of natural
capacity disasters
• Effects of disease
• Work health risks
or pests
• Capital risk
Finances • Business and tax risks
Market
• 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
CIVIL WRONG AND CRIMINAL
OFFENCE
Criminal wrongs are considered to
be wrongs against the community.
CONVENTIONAL ISLAMIC
AGREEMENT FOR AGREEMENT FOR
FINANCING FINANCING
Encumbrance
Encumbrance Creation
Recording
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
ISLAMIC MODES OF FINANCING
Musawamah Musawamah is a general kind of sale in which price of the commodity to be traded is stipulated between seller and the buyer without
any reference to the price paid or cost incurred by the former. Thus it is different from Murabaha in respect of pricing formula. Unlike
Murabaha, seller in Musawamah is not obliged to reveal his cost
Ijarah (Leasing) In Ijara/leasing, the corpus of leased commodity remains in the ownership of the lessor and only its usufruct is transferred to the lessee.
Salam (Advance Salam (advance payment against deferred delivery of goods) means a kind of sale whereby the seller undertakes to supply specific
payment--Deferred goods to a buyer at a future date in consideration of a price fully paid in advance at the time the contract of sale is made
Delivery Sale)
Musharaka Musharaka means relationship established under a contract by the mutual consent of the parities for sharing of profits and losses
arising from a joint enterprise or venture.
Mudaraba Mudaraba means an arrangement in which a person participates with his money and another with his efforts and shall include banks,
unit trusts, mutual funds or any other institutions or persons by whatever name called.
Istisna Istisna‘a is an exceptional mode of sale, at an agreed price, whereby the buyer places an order to manufacture, assemble or construct,
or cause so to do anything to be delivered at a future date
MUSAQAT Musaqat (Irrigation) partnership is a partnership that depends on one party presenting designated plants/trees that produce usable
(Irrigation):- products/items/goods output to another in order to work on their irrigation in consideration for a common defined share in fruits. This
mode is applicable in agriculture sector in a very effective manner, especially for orchard financing. A specific or predetermined share
of the enterprise output (e.g. a third or a half, etc.) will go to the provider for labor and enterprise
MUZARA’A Muzara’a (Sharecropping) is partnership in crops in which one party presents land to another for cultivation and maintenance in
(Sharecropping) consideration for a common defined share in the crop.
MUGHARASA Mugharasa (agricultural) partnership is a partnership in which one party presents a treeless piece of land to another to plant trees on it
(Agriculture) on the condition that they share the trees and fruits in accordance with a defined percentage.
Islamic Mode of Financing
.
Application Procedure
MURABAHA: •. Murabaha is used for Credit Sale by the IBIs. 1. Signing of Master Agreement for Murabaha
Murabaha (@ )مرا@بحهmeans a sale of The subject matter i.e. goods/assets are selected Financing between the client and the IBI.
goods by a person to another under by customer and purchased by IBI and then sold 2. Appointing an agent to purchase commodities on
an arrangement whereby the seller to customer on deferred payment basis. IBIs behalf by executing Agency Agreement, if
is obliged to disclose to the buyer required.
the cost of goods sold either on The concept of agency is used in Murabaha. A 3. Client gives Purchase Requisition to the IBI
cash basis or deferred payment third party or the customer is appointed as an whenever a commodity is required.
basis and a margin of profit agent to act on behalf of the IBI. 4. The IBI or the agent, as the case may be, purchases
included in the sale price of goods the commodity and takes possession.
agreed to be sold. 5. In case of the agent, the agent informs the IBI after
purchase that he has purchased the commodity on
its behalf.
6. Physical inspection (if possible) by the IBI of the
commodities.
7. The client makes an offer to purchase the
commodity from the IBI or the IBI offers to sell the
same at an agreed price (i.e. Cost +Profit).
8. Acceptance by the IBI/client and the sale is
concluded. The ownership plus the risk of the
commodity is transferred from the IBI to the client.
9. The customer pays the price as per the agreed upon
schedule of payment
MURABAHA
. AGREEMENT
AGENCY
AGREEMENT-
PURCHASES
GOODS ON AGENT
BANK BEHALF
Inspection of Goods
Purchase Requisition
IMMOVEABLE MOVEABLE
Guarantee
&
Indemnity
CHARGE
SEC 100
MORTGAGE HYPOTHECATION
PLEDGE
AGREEMENT OF MURABAHA
IMMOVEABLE MOVEABLE
Guarantee
&
Indemnity
CHARGE
SEC 100
MORTGAGE HYPOTHECATION
PLEDGE
SALAM: Salam Salam can be used 1. The Salam Agreement is
(@)س@@لم for executed between the client as
(advance payment facilitating farmer customers a seller of commodities and the
against deferred who need working capital/ IBI as a buyer of these
delivery of goods) running finance. The commodities.
means a kind of sale purchaser has an advantage 2. The agreement describes
whereby the seller of purchasing particular complete specifications of the
undertakes to supply commodity, sale price and date
specific goods to a commodity at a relatively and place of delivery.
buyer at lower price. On the other 3. IBI pays the full sale price to
a future date in hand, the seller gets early client.
consideration of a price price of those items / 4. Client after receiving advance
fully paid in advance at commodities which have not price can utilize the amount for
the time the contract of been produced yet. This may his needs.
sale is made. help him meet the working 5. At maturity, client delivers the
capital requirements, etc. commodities as per agreement.
AGREEMENT OF SALAM
• SUPPLY OF THE GOODS PURCHASED
• The Supplier has agreed to supply the Goods to the Institution pursuant to
the Written Offer for the Contract Price. Upon receipt by the Institution of
the Supplier’s Notice of Delivery, which shall be date, or such other date as
may be mutually agreed between the parties hereto, hereinafter referred to as
Delivery Date, advising the Institution to take delivery of the Goods, the
Institution shall receive or cause to receive the Goods at the designated point
of delivery.
• IBI pays the full sale price to client. Client after receiving advance price can
utilize the amount for his needs.
• The Goods shall remain at the risk of the Supplier until they are delivered to
the point of delivery and have been inspected and accepted by the Institution,
immediately after which, all risks in respect of the Goods shall be passed on
to the Institution;
ISTISNA
. AGREEMENT
IMMOVEABLE MOVEABLE
Guarantee
&
Indemnity
CHARGE
SEC 100
MORTGAGE HYPOTHECATION
PLEDGE
ISTISNA: - Istisna Istisna is a mode of financing 1. The Istisna Agreement is executed
( ) ا@ستصناعis a mode of that may be used for between two parties, one as a
sale, at an agreed price, assets/goods which require seller/manufacturer of goods and
whereby the buyer places processing/ value addition. It the other as a buyer of these
an order to manufacture, may be used for financing for goods.
assemble or construct, or farm buildings, machinery, 2. The agreement describes complete
cause so to do anything to fabrication and other types of specifications of the goods/assets
be delivered at a future assets that are used in or manufactured items sale price,
date. agriculture sector. date and place of delivery.
The payment of price will be as 3. IBI pays price as per mutual
per mutual agreement e.g. full in agreement.
advance, fully deferred to 4. At maturity, client delivers
delivery, partially advance and commodities as per agreement.
partially at delivery, in tranches
or full payment after delivery.
AGREEMENT OF ISTISNA
MANUFACTURE OF GOODS
• The Manufacturer/Supplier hereby agrees to manufacture or cause to manufacture the Goods
described below on Istisna for the Institution to be delivered as per schedule set out in clause
• Insert description of the Goods with specifications, quantity quality and respective contract
price]
• The Contract Price shall subject to the provisions of clause 5 hereof, be paid by the Institution as
per the following schedule:
• Within ____ days of signing this Agreement Rs. [insert amount]
• On [insert date] -------------------
• On [insert date] -------------------
• On [insert date] -------------------
• On delivery -------------------
• TOTAL ===========
• The Manufacturer/Supplier agrees that the Contract Price is fixed at the amount stated in clause
2.02 and shall not be revised except by mutual consent, in writing, of the parties hereto due to
any reason whatsoever including the Force Majeure events, if any;
• The delivery of the Goods shall be according to the following schedule:
• Description of Goods Date: Quantity
• The Goods shall remain at the risk of the Manufacturer/Supplier until they are delivered to the
point of delivery and have been inspected and accepted by the Institution, immediately after
which, all risks in respect of the Goods shall be passed on to the Institution:
IJARA
. AGREEMENT
ASSET
SHOP
Purchases Asset
as Agent of Bank
Payment of rentals
) as per tenure
IMMOVEABLE MOVEABLE
Guarantee
&
Indemnity
CHARGE
SEC 100
MORTGAGE HYPOTHECATION
PLEDGE
IJARAH: - Ijarah ( @ ) ا@جارهis a Contrary to trade-based modes of 1. Signing of Undertaking to Ijarah
contract whereby the owner of financing, Ijarah is an ongoing according to which the client undertakes
an asset, other than contract which has flexibility of to take certain asset on lease from the
consumables, transfers its increase in rental amount during the institution upon arrival of the asset.
usufruct to another person for tenure. Ijarah is a very useful mode of 2. If required, the IBI and the client may
an agreed period for an agreed enter into an agency agreement
financing specially for long term according to which the client would
consideration.
financing with the option to change purchase asset on behalf of IBI.
the rental as per rules of Ijarah. 3. After purchasing of a particular asset,
Usually long-term assets are not the IBI and client execute an Ijarah
feasible for trade based modes since Agreement in which they agree on rental
the bench-mark changing scenarios do and tenure.
not affect the price in any manner, 4. The IBI, after agreement delivers the
while it can be taken in consideration asset to the client for use.
in Ijarah. In agri sector, the 5. At the end of lease period, normally the
instrument of Ijarah can be used for IBI and the client enter into a separate
almost all types of machinery and agreement of sale through which the
equipments financing needs like tube- leased asset is sold to the client against
well; tractor or building and land an agreed price.
financing, etc.
Musharaka
. AGREEMENT
MUSHARAKA
ASSET/PROJECT
PURCHASE OF UNITS OF
) MUSGHARAKA ASSETS
IMMOVEABLE MOVEABLE
Guarantee
&
Indemnity
CHARGE
SEC 100
MORTGAGE HYPOTHECATION
PLEDGE
MUSHARAKA:- Musharaka can be used for financing 1. One or more entrepreneurs approach an
Musharaka means needs from working capital to project IBI for the required finance for a
relationship established under finance, and from short term project.
a contract by the mutual financing to term finance. Issuance of 2. The IBI, along with other partners,
consent of the parities for certificates and other kinds of provides complete or partial finance.
sharing of profits and losses financial needs can also be structured 3. All partners, including the IBI, have the
arising from a joint enterprise under this mode. right to participate in the management
or venture. of project.
4. Profits are to be distributed according to
the agreed profit distribution
ratio/formula, which needs not be the
same as per their capital proportions.
5. Losses, however, are to be shared on
pro rata basis.
6. At the end of the period, the principal
with profit proceeds is to be distributed
among the partners.
MUDARABA
. AGREEMENT
PROJECT
IMMOVEABLE MOVEABLE
Guarantee
&
Indemnity
CHARGE
SEC 100
MORTGAGE HYPOTHECATION
PLEDGE
MUDARABA:- Mudaraba Mudarba like Musharaka can be used 1. Two parties execute Mudaraba
means an arrangement in for most of the financing needs. Agreement by way of which they decide
which a person participates that one party will provide Mudaraba
with his money (called capital and other party manages the
Rabbulmal) and another with capital for a particular period.
his efforts (called Mudarib) 2. Profit rate is to be decided as agreed
for sharing in profit from between them.
investment of these funds in 3. Mudarib has management rights and,
an agreed manner. therefore, he will utilize the partnership
capital in an agreed manner.
4. At the end of the tenor, Mudarib will
return principal and pre agreed share of
the profit to the Rabb-ul-Maal.
5. If the business incurs a loss, it will be
borne by Rabb-ul-Maal if there happens
no negligence on the part of Mudarib.
6. Investor is not liable for the losses
beyond the capital he has contributed.
MUSAQAT This mode is applicable in Under this mode, multiple options
(Irrigation):- agriculture sector in a very are available based on the
effective manner, especially ownership of land/orchard, rental
Musaqat (Irrigation) for orchard financing. A arrangements, labor, etc.
partnership is a specific or predetermined
partnership that depends share of the enterprise output
on one party presenting (e.g. a third or a half, etc.)
designated plants/trees will go to the provider for
that produce usable labor and
products/items/goods enterprise. This will be clearly
output to another in positioned in the contract.
order to work on their
irrigation in
consideration for a
common defined share
in fruits.
MUZARA’A Muzara'a is an acceptable legal For Muzara'a contracts to be legally
(Sharecropping):- contract suitable for financing viable, several critical conditions must be
agricultural operations. It can take spelled out. They are as under:
several forms. 1. The functions and obligations of each
Muzara’a (Sharecropping) is individual or party in the contract
partnership in crops in which For instance, contract based must be clearly and unambiguously
one party presents land to arrangement can specify that land defined.
another for cultivation and and other physical factors of 2. The location and characteristics of the
maintenance in consideration production for the enterprise could land to be cultivated under Muzara'a
for a common defined share come from one party while labor must be clearly identified and
in the crop. could be provided by the other party. submitted to the party that is to
implement the operation.
3. The production goal of the enterprise
Incidence of a three-party Muzara’a must be defined in terms of end
partnership in which the first party products i.e. crops or live stock to be
provides land, the second provides a grown.
combination of required physical 4. The period in which the Muzara'a
inputs, and the third provides labor. contract is to be effective must be
physical inputs, and the third defined.
provides labor.
MUGHARASA Mugharasa is a legal contract Mugharasa contract requires following
(Agriculture): - suitable for financing development conditions to be followed:
of orchards/ trees. Under the
arrangement, it is specified that land 1. The functions and obligations of each
and other physical factors of individual or party in the contract
Mugharasa (agricultural)
partnership is a production can come from one party must be clearly and unambiguously
partnership in which one while labor can be provided by the defined.
party presents a treeless other party. 2. The location and characteristics of the
piece of land to another to land to be cultivated under Mugharasa
plant trees on it on the must be clearly identified.
condition that they share the 3. The production goal of the
trees and fruits in arrangement must be defined in terms
accordance with a defined of end products.
percentage. 4. The period in which the
Mugharasa contract is to be effective
must be defined.
5. Method of distribution of output must
be stated clearly in the contract.
SECURITY AND COLLATERAL IN
ISLAMIC BANKING
RISK MANAGEMENT GUIDELINES FOR IB https://www.sbp.org.pk/ibd/2008/C1.htm
MOVEABLE
PROPERTY
CHARGE ON
MORTGAGE ASSIGNMENT
PASSBOOK
SAME AS
MORTGAGE
CREATION &
CREATION REGISTRATION
REGISTRATION
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
• • Notification/letter from Government for the
Allotment letter/transfer letter of lease hold
allotment/grant/lease of specific land;
rights;
• Certificate from Government regarding sale of
• Lease deed/s; Mutation (intiqaal); government land
PTD/PTO; • PT-1 (a property tax record narrating the record
• Bay-nama (Sale Deed); of an urban property).
• Hiba-naama (Gift Deed); • The transfer of allotment rights is often
• Tabadla-nama (Exchange Deed); registered with sub-registrars hence creating
• another optional document of title alongwith
Tuqseem-nama (Demarcation Deed);
allotment/transfer letter.
• Dastbardari-nama (Relinquishment Deed); • The transfer of leasehold rights are often
• Conveyance Deed (transfer of rights by the registered with sub-registrars hence creating
competent authority say court); 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
• Allotment rights by a cooperative society, mutation alone, Holding of agricultural land
• Allotment rights by Federal/Provincial through tenancy,
Government, • Absolute ownership of urban land through a
• Allotment rights by Housing Limited deed registered under Transfer of Property Act
companies, (TPA) to be recorded in property tax department,
• Lease hold rights by army housing schemes, • Absolute ownership of rights (with land and
without roof) in a multistory building through a
• Leasehold rights by army controlled schemes
deed registered under Transfer of Property Act
under category,
(TPA) to be recorded in property tax department,
• Long Leasehold rights by private individuals,
• Absolute ownership of space rights (without
• Ordinary leasehold rights for possession (rent land and roof) in a multistory building through a
based holdings), deed registered under Transfer of Property Act
• Rights acquired through Grant of land by (TPA) to be recorded in property tax department,
Federal/provincial governments, • Holding by way of trust,
• Absolute ownership of agricultural land through • State Land,
a deed registered under Transfer of Property Act
• Holding of Army Controlled land with the high
(TPA),
security area.
• Holding of agricultural land by virtue of pass
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). (exclusive) READ THE FIRST DOCUMENT TO DETERMINE THE RIGHT
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.
Division
Commissioner
District
Deputy Commissioner (Collector)
Patwar Circle
Patwari/ Tapadar controlling Gnerally one estate but can be more than one
KHASRA 4
ش ن کت
ھ و ی /کا ت کا سالم کھات ہ
ق
خ ش تن
پ ٹ ہ /مزارعہ ک یھ وٹ عال ہ
تن
ود کا ت کھ و ی 3 دار
D کھ و ی 5
تن خ ش خ
کھ و ی 1 تن ود کا ت ود کاش ت ت ن
کھ و ی 2 کھ و ی 4
ک یھ وٹ ک یھ وٹ
KHASRA 2
دار ک یھ وٹ دار
B دار
A C
ن خ
KHASRA 1سرہ /سروے مب ر 1
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
+
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.
88
GIRDAWARI
• .
KHARABA
SINDH NUMBER SHUMARI
• Crop Inspection Register Village Form (VF
VI) also called register Number Shumari, is
updated thrice a year on Rabi (1 st 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
96
`MUTATION
ROAZNAMCHA PROCESS
WAQIATI
IN SINDH
VILLAGE FORM
XI
DOCUMENT
REGISTER
NARRATING DAKHIL KARIJ
TRANSFER OF
( MUTATION
INTEREST( SAL
REGISTER)
E DEED/
MORTGAGE IN SINDH (FORM
DEED ) VIII A & B)
نتق ٹ
ABSTRACT کاپی ا ال-پرت پ وار
FROM
RAGISTER
HAQDARAN KACHERI
ZAMEEEN (JALSA-E-AAM)
Adna Malik
Tirni
Gora
B Deh D
Malik Qabza
Districts 131
Tehsils 541
Division
Commissioner
District
Deputy Commissioner (Collector)
Patwar Circle
Patwari/ Tapadar controlling Gnerally one estate but can be more than one
Number of Mouzas
Census Year
Rural Partly Forest Forest Urban Unpopulated Total
Urban Populated Unpopulated
Lease (Management
Land Rights Development Institutions through Cantt
Boards
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
Sale/Transfer of
Ownership
Who approves maps?
Development Authorities/ Local Government/
Cantonment
Military
Local
Development Estate Office/
Government/ Private house at
Agricultural land Authority Cantonment
TMO
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)
House 41, Khayaban e Mujahid. DHA Phase 5, Lease (In Sindh). Land Held by Cantonment and DHA
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/
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/
Revenue
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 development authority hence local government
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/
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
• 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
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
Father/mother
MOTHER 1/6, True
descendants
Children`s
FATHER 1/6 Father
1/3 Grandfather daughters & Descendants
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
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
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.
Rural Area
10. Owner Ship Certificates issued by 4. N.E.C.
Union Council Authorities 5. Approved Building Plan
11. Owner Ship Certificate issued by 6. Development Certificate
Mukhtiarkar concerned issued by Union Council
12. 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)
E. Rural Area:
13. Sale Deed
14. Mutation or Oral Mutation
15. Jamanbandi
16. 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
d) Evacuee Property:
3. Permanent Transfer Deed
4. PT-1
5. Subsequent Transfer
6. Possession order
7. Site Plan of Plot
8. Approved Building Plan
9. Letter of approval of the building plan
e) DHA/ Societies
10. Allotment letter
11. Site Plan
12. Bylaws
Peshawar Division/ KPK
• 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.
• 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.
.
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