Vehicle Transfer Affidavit (Pakistan)

A Vehicle Transfer Affidavit in Pakistan provides a formal sworn account of the facts it concerns, executed in the manner the law requires for it to be relied on.

The Motor Vehicles Ordinance 1965 (MVO 1965) is the federal statute governing motor vehicle registration, licensing, and transfer of ownership in Pakistan. Under the MVO 1965 and the Motor Vehicles Rules 1969, every motor vehicle must be registered with the provincial Excise and Taxation Department of the province in which it is kept. When ownership of a registered vehicle changes — through sale, gift, inheritance, or court order — the new owner must apply for a transfer of registration using Form C (Application for Transfer of Ownership) and submit the required supporting documents, including a Vehicle Transfer Affidavit from the transferring party.

The requirement for a sworn affidavit in vehicle transfers arose from widespread fraud in the Pakistani used vehicle market — including sales of stolen vehicles, transfers of vehicles with undisclosed bank loans, and registration of vehicles using forged documents. The provincial Excise and Taxation Departments — Punjab Excise, Taxation and Narcotics Control Department, Sindh Excise and Taxation Department, Excise and Taxation Department KPK, and equivalent bodies — introduced the affidavit requirement as an anti-fraud measure, because making a false statement in a sworn affidavit constitutes perjury under Section 193 of the Pakistan Penal Code 1860, punishable by up to seven years' imprisonment.

NADRA administers the Motor Vehicle Registration System (MVRS), which is the national digital database of all registered vehicles and their ownership records. The Excise and Taxation Departments across provinces are linked to MVRS for processing vehicle transfers and for detecting fraud — including vehicles with NADRA-flagged discrepancies between the registration records and the seller's identity documents. The Vehicle Transfer Affidavit is cross-referenced against MVRS records during the transfer process.

The Vehicle Transfer Affidavit is distinct from the Vehicle Sale Agreement (the underlying contract of sale between buyer and seller), from Form C (the statutory application form for registration transfer), from a No Objection Certificate (NOC) from a bank holding a hypothecation charge (required where the vehicle is subject to a bank loan), and from a Succession Certificate or Inheritance Affidavit (required when a vehicle is being transferred as part of a deceased person's estate). The Affidavit supports but does not substitute for these other documents.

The legal framework governing the Vehicle Transfer Affidavit (Pakistan) in Pakistan draws on several key statutes and regulatory bodies. Under Pakistani law, the Constitution of Pakistan 1973 is the supreme law. The Contract Act 1872 governs contractual obligations. The Federal Board of Revenue (FBR) administers tax under the Income Tax Ordinance 2001. The High Courts have original and appellate jurisdiction. The National Database and Registration Authority (NADRA) handles identity documentation. The Federal Shariat Court reviews laws for Islamic compliance. Parties executing a Vehicle Transfer Affidavit (Pakistan) in Pakistan should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Motor Vehicles Ordinance 1965 sets the foundational requirements.

A Vehicle Transfer Affidavit in Pakistan is required in the following circumstances in connection with motor vehicle ownership transfers.

A Vehicle Transfer Affidavit is needed when a private seller transfers ownership of a car, motorcycle, truck, or commercial vehicle to a buyer and the Excise and Taxation Department requires a sworn declaration from the seller as part of the transfer documentation. In Lahore (Punjab Excise), Karachi (Sindh Excise), and Islamabad (ICT Excise), the affidavit is a standard document in the transfer checklist.

A Vehicle Transfer Affidavit is required when a vehicle is gifted from one family member to another — for example, a father transferring a vehicle to his son or a husband to his wife — and the Excise and Taxation Department requires confirmation that the transfer is voluntary and not the result of coercion or duress. Gift transfers (hiba) of vehicles require the same affidavit as sale transfers for registration purposes.

A Vehicle Transfer Affidavit is needed when a vehicle is being transferred as part of the settlement of a deceased person's estate (succession) — the legal heir who receives the vehicle from the estate must submit an Inheritance Affidavit (Warasat Affidavit) and the deceased's Registration Book to the Excise and Taxation Department for re-registration in the heir's name. A supporting affidavit from all legal heirs confirming the distribution is commonly required.

A Vehicle Transfer Affidavit is required when a vehicle has been recovered from a thief or is re-registered after a period of non-registration (dormant vehicles). The Excise and Taxation Department requires a sworn declaration from the current possessor confirming the basis of their claim to ownership before re-registration.

A Vehicle Transfer Affidavit is needed when a vehicle that has been purchased on installment (hire purchase) or Islamic finance (Ijarah) from a bank or leasing company has its final installment paid and the bank issues a No Objection Certificate (NOC) for transfer of ownership to the borrower. The affidavit in this case is typically executed by the bank's authorised officer confirming that the loan has been fully discharged and that the bank has no objection to the transfer.

Under Pakistani law, the Constitution of Pakistan 1973 is the supreme law. The Contract Act 1872 governs contractual obligations. The Federal Board of Revenue (FBR) administers tax under the Income Tax Ordinance 2001. The High Courts have original and appellate jurisdiction. The National Database and Registration Authority (NADRA) handles identity documentation. The Federal Shariat Court reviews laws for Islamic compliance.

A valid Vehicle Transfer Affidavit in Pakistan under the Motor Vehicles Ordinance 1965 and the Oaths Act 1873 must contain the following essential elements to be accepted by the provincial Excise and Taxation Department.

Stamp Paper: The affidavit must be executed on non-judicial stamp paper of the denomination prescribed by the provincial Excise and Taxation Department — typically PKR 50 to PKR 100 in Punjab, Sindh, and ICT under the Stamp Act 1899. The stamp paper serial number and date of purchase must appear on the document. Under Section 35 of the Stamp Act 1899, an unstamped affidavit is inadmissible and may be impounded.

Deponent (Seller's) Particulars: Full legal name exactly as it appears on the CNIC issued by NADRA, CNIC number in 13-digit format, father's name, age, residential address, and contact number. The deponent's name must match the registered owner's name on the vehicle's Registration Book. Where the deponent is a company representative, the company name, SECP registration number, and the representative's authority (board resolution reference) must be stated.

Vehicle Particulars: Full identification of the vehicle — registration number, chassis number (VIN), engine number, make, model, year of manufacture, and colour. These details must match the Registration Book issued by the Excise and Taxation Department and the NADRA MVRS records. Any discrepancy in chassis or engine numbers will cause rejection of the transfer.

Declaration of Ownership: A sworn declaration by the deponent that they are the lawful registered owner of the described vehicle, that they purchased it lawfully, and that they have the full right and authority to transfer ownership to the buyer.

Declaration of Freedom from Encumbrances: A sworn declaration that the vehicle is free from all liens, charges, hypothecation agreements, court attachments, police impoundment orders, and any other encumbrances that would prevent or restrict the transfer of ownership. Where a bank charge exists and a NOC has been obtained, the affidavit should reference the NOC.

Declaration of Voluntary Transfer: A sworn statement that the transfer to the buyer is made voluntarily, for the agreed consideration (or as a gift, in case of hiba), and without coercion, undue influence, or fraud. This declaration is required by Excise and Taxation Departments to prevent fraudulent or coerced transfers.

Identification of the Buyer: Full name, CNIC number, and address of the buyer to whom ownership is being transferred, so that the Excise and Taxation Department can link the affidavit to the Form C transfer application.

Perjury Warning and Oath: The affidavit must include a statement that the deponent acknowledges that making a false statement in this affidavit constitutes perjury under Section 193 of the Pakistan Penal Code 1860, punishable by imprisonment of up to seven years. The Oath Commissioner's attestation block — with the Commissioner's signature, official stamp, commission number, and date — must be completed after the deponent takes the oath on production of their original CNIC.

Forms-legal.com provides this Vehicle Transfer Affidavit (Pakistan) template as a practical starting point for motor vehicle ownership transfers. Buyers and sellers should verify current Excise and Taxation Department requirements at the relevant provincial office before preparing the affidavit, as specific requirements may vary between Punjab, Sindh, KPK, Balochistan, and ICT.

Additional compliance elements for a Vehicle Transfer Affidavit (Pakistan) used in Pakistan include: Under Pakistani law, the Constitution of Pakistan 1973 is the supreme law. The Contract Act 1872 governs contractual obligations. The Federal Board of Revenue (FBR) administers tax under the Income Tax Ordinance 2001. The High Courts have original and appellate jurisdiction. The National Database and Registration Authority (NADRA) handles identity documentation. The Federal Shariat Court reviews laws for Islamic compliance. Forms-legal.com provides this template as a starting point for Pakistan-compliant documentation.