Property Declaration Affidavit (Pakistan)

A Property Declaration Affidavit in Pakistan sets out facts the deponent solemnly affirms to be true, in a form that can be relied on by a court or authority.

The Qanun-e-Shahadat Order 1984 replaced the Indian Evidence Act 1872 in Pakistan and incorporates Islamic principles of evidence drawn from the Holy Quran and Sunnah. Article 164 of the Qanun-e-Shahadat Order 1984 expressly permits courts to order that particular facts may be proved by affidavit, making the Property Declaration Affidavit a recognised evidentiary instrument in property disputes before the District Courts, Civil Courts, and Revenue Courts constituted under the West Pakistan Revenue Act 1967 and the Punjab Revenue Authority Act 2012.

Immovable property in Pakistan is defined under Section 3 of the Transfer of Property Act 1882 to include land, benefits arising out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Property in Pakistan is recorded in the Revenue Record maintained by the Patwari (revenue record-keeper) and the Tehsildar (revenue officer) under the Land Revenue Act 1967 applicable in Punjab, and equivalent legislation in Sindh, Khyber Pakhtunkhwa, and Balochistan. The Fard Malkiat (record of ownership) and the Jamabandi (consolidated revenue record) are the primary documentary evidence of title, and a Property Declaration Affidavit supplements these records where gaps, discrepancies, or transitions of title must be formally declared.

The Property Declaration Affidavit is also governed by the Registration Act 1908 in respect of documents that require compulsory registration — transfers of immovable property worth PKR 100 or more must be registered under Section 17 of the Registration Act 1908 before a Sub-Registrar appointed under that Act. A Property Declaration Affidavit does not substitute for a registered deed of transfer but serves as a supplementary declaration confirming facts that support the registered instrument or that must be placed on record before government departments including the Urban Immovable Property Tax authorities, the Capital Development Authority (CDA) in Islamabad, and the Lahore Development Authority (LDA) in Lahore.

The stamp duty applicable to a Property Declaration Affidavit is governed by the Stamp Act 1899 and the provincial stamp schedules. In Punjab, affidavits relating to property typically attract stamp duty of PKR 100 to PKR 500 depending on the nature of the declaration and the property value. In Sindh, the Sindh Stamp Act 2013 governs applicable duties. Under Section 35 of the Stamp Act 1899, an insufficiently stamped Property Declaration Affidavit is inadmissible in evidence before any court or authority in Pakistan and may be impounded by the court.

The Property Declaration Affidavit in Pakistan is distinct from a registered sale deed (Bay Nama), a gift deed (Hiba Nama), or a mutation entry (Intiqal) in the revenue record — all of which are primary instruments of title transfer. The affidavit is a declaratory instrument that confirms existing facts: the deponent's ownership, the boundaries and survey number of the property, the absence of encumbrances, whether the property is freehold or leasehold, the absence of disputes or litigation, and whether the property is subject to any wakf (charitable endowment) administered by the provincial Auqaf and Religious Affairs Department.

A Property Declaration Affidavit in Pakistan is required in numerous property-related transactions and administrative situations where a sworn statement of ownership or legal status must supplement the revenue record or registered instruments.

A Property Declaration Affidavit is required when a property owner applies to a bank or financial institution regulated by the State Bank of Pakistan (SBP) for a mortgage loan or home financing product under SBP's Housing Finance Regulations, and the bank requires a sworn declaration that the property is free from all prior encumbrances, disputes, litigation, or third-party claims before approving the mortgage facility and registering the charge under the Registration Act 1908.

A Property Declaration Affidavit is needed when a property owner wants to transfer property to a family member through mutation (Intiqal) at the Tehsil Municipal Administration (TMA) or Revenue Department. The Patwari and Tehsildar frequently require an affidavit from the transferor declaring that the transfer is free, voluntary, and unencumbered, particularly where the property is being gifted under a Hiba (Islamic gift) and formal Hiba Nama is not being registered.

A Property Declaration Affidavit is required in proceedings before the District Courts or High Courts of Pakistan when a party seeks an injunction to protect property rights under Order 39 of the Code of Civil Procedure 1908 and must file a supporting affidavit verifying the facts of the plaint, the deponent's ownership, and the urgency requiring injunctive relief from the court.

A Property Declaration Affidavit is needed when a property owner registers their property with the Capital Development Authority (CDA) in Islamabad, the Lahore Development Authority (LDA), the Karachi Development Authority (KDA), or the Defence Housing Authority (DHA) for the issuance of a No Objection Certificate (NOC) — the registration authority typically requires a sworn declaration of clear title and absence of pending litigation.

A Property Declaration Affidavit is required when overseas Pakistanis managing property in Pakistan through a power of attorney need to authorise a local attorney-in-fact to deal with their property while simultaneously declaring on oath the details of ownership and freedom from encumbrances, for submission to NADRA or the Overseas Pakistanis Foundation (OPF).

A Property Declaration Affidavit is needed when a property owner applies for connection of utilities — electricity (LESCO, KESC/K-Electric, PESCO), gas (SNGPL, SSGC), or water — and the utility provider requires proof of ownership where the applicant's name does not yet appear in the utility's consumer database, and a revenue record extract (Fard) is supplemented by a sworn affidavit of ownership.

A legally effective Property Declaration Affidavit in Pakistan under the Qanun-e-Shahadat Order 1984 and the Transfer of Property Act 1882 must incorporate the following essential elements to be accepted by courts, revenue authorities, banks, and development authorities.

Stamp Paper Compliance: The affidavit must be executed on non-judicial stamp paper of the correct denomination as required by the Stamp Act 1899. For property-related declarations in Punjab, stamp paper of PKR 100 to PKR 500 is typically required. The stamp paper serial number and date must appear on the document. Under Section 35 of the Stamp Act 1899, an improperly stamped affidavit is inadmissible in evidence and may be impounded.

Deponent Identification: The deponent's full legal name as it appears on their NADRA Computerised National Identity Card (CNIC), their CNIC number in 13-digit format (XXXXX-XXXXXXX-X), father's or husband's name, age, occupation, and residential address must all be stated accurately. If the deponent is an overseas Pakistani, the NICOP number issued by NADRA replaces the CNIC number.

Property Identification: The affidavit must identify the subject property with precision — the Khasra number (survey plot number in rural areas), Khatooni number (entry in the Jamabandi), Mouza or village name, Tehsil, District, and Province. For urban properties, the plot number, block, sector, scheme name, and city must be specified. For properties in CDA Islamabad, the sector and plot number registered with CDA must be stated.

Title Chain Declaration: The deponent must declare the basis of their title — whether acquired by purchase (Bay Nama), inheritance (Intiqal-e-Wirasat), gift (Hiba Nama), allotment by government authority, or court decree — and identify the registered instrument number and date where applicable under the Registration Act 1908. The Sub-Registrar office where the deed is registered must be named.

Encumbrance Declaration: A clear declaration that the property is free from all mortgages, charges, liens, encumbrances, prior agreements to sell, court orders, and disputes as of the date of the affidavit. If any encumbrances exist, they must be fully disclosed. Banks regulated by SBP require a specifically worded encumbrance-free declaration before creating a mortgage charge.

Possession Statement: The affidavit must state whether the deponent is in actual physical possession of the property, or whether it is occupied by tenants under a lease or rental agreement, or whether possession has been delivered to a purchaser under an agreement to sell. This is relevant to proceedings before the Rent Controller and for utility connection applications.

Litigation Status: A declaration that the property is not the subject of any pending suit, appeal, or writ petition before any court in Pakistan — including the District Court, High Court, or Supreme Court of Pakistan — and is not subject to any attachment order, interim injunction, or government acquisition notice under the Land Acquisition Act 1894.

Wakf and Government Interest: A declaration that the property is not a wakf property administered by the provincial Auqaf and Religious Affairs Department, is not government property, is not subject to any allotment or lease from a government housing authority that restricts transfer, and is not within the notified acquisition zone of any public authority.

Perjury Warning and Verification Clause: The affidavit must include a verification clause confirming that all statements are true and correct to the deponent's knowledge and belief, together with a warning that a false declaration constitutes perjury under Section 193 of the Pakistan Penal Code 1860, punishable by up to seven years' imprisonment.

Oath Commissioner Attestation: The affidavit must be sworn and attested before a qualified Oath Commissioner appointed by the relevant High Court, a First Class Judicial Magistrate, or a Notary Public under the Notaries Ordinance 1961. The attesting officer must verify the deponent's CNIC, administer the oath, and apply their official stamp and signature.

Forms-legal.com provides this Property Declaration Affidavit (Pakistan) template as a thorough starting point for property-related declarations. Parties dealing with high-value property transactions, mortgage financing, or disputed titles should obtain advice from an Advocate enrolled at the Lahore Bar, Sindh Bar, Peshawar Bar, Quetta Bar, or Islamabad Bar before relying on this document.