Réponses aux demandes d'information

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

Sources report that the terms "'[l]and'" and "'[p]roperty'" are "used interchangeably in Pakistan" with "[l]and" considered as "immovable property" (PIDE 2022-03-17, 1; Law firm 2022-12-12). An article published by the Pakistan Institute of Development Economics (PIDE), a public policy think tank that was given the status of an autonomous research organization by the government of Pakistan (PIDE 2022, 4–5), defines property and land in the legal context of Pakistan as follows:

• The terms "Land" and "Property" are often used interchangeably in Pakistan. However, as per the regulations, property, and land have two separate definitions.
• In Pakistan, property means anything tangible or intangible that can be owned by or vested in by an individual. Any property that physically exists, even temporarily, is referred to as tangible. In contrast, a property is considered intangible when it does not physically exist, such as patents or intellectual property rights.
• On the other hand, "Land" is defined as immovable property. Subsequently, we can infer that "Land" is a type of "Property", falling under the tangible category. There are other types of "Property", as explained above.
• We can, thus, conclude based on the information mentioned above that "Property" and "Land" as per the legal definitions cannot be used interchangeably and are defined independently. (2022-03-17, 1)

In correspondence with the Research Directorate, a law firm in Islamabad whose areas of practice include real estate and construction, constitutional litigation and banking and finance indicated that property became a provincial matter and that it is no longer regulated by the federal government since a legislative amendment passed in 2010 (Law firm 2022-12-12).

2. Legislation

The Constitution of the Islamic Republic of Pakistan provides the following regarding property rights:

Provision as to property

23. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

Protection of property rights

24. (1) No person shall be deprived of his property save in accordance with law.

(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.

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(Pakistan 1973, bold in original)

According to PIDE, each province has its own set of laws that derive from the West Pakistan Land Revenue Act, 1967, which is "the basic law that deals with the records of rights and transfers through mutations. Each of the provinces has adopted this law, albeit with minor changes" (2022-03-17, 5).

The Punjab Land Revenue Act 1967 states the following:

CHAPTER VI

RECORDS

Records-of-rights and Periodical Records

39. Records-of-rights and documents included therein.– (1) Save as otherwise provided by this Chapter there shall be a record-of-rights for each estate.

(2) The record-of-rights for an estate shall include the following documents, namely:-

1. statements showing, so far as may be practicable–
   
   1. the persons who are land-owners, tenants or who are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein;
   2. the nature and extent of the interests of those persons, and the conditions and liabilities attaching thereto; and
   3. the rent, land-revenue, rates, cesses [1] or other payments, due from and to each of those persons and to Government;
2. a statement of customs respecting rights and liabilities in the estate;
3. a map of the estate; and
4. such other documents as the Board of Revenue may, with the previous approval of Government, prescribe.

40. Making of special revision of record-of-rights.– (1) When it appears to the Board of Revenue that a record-of-rights for an estate does not exist, or that the existing record-of-rights for an estate requires special revision, the Board of Revenue may, by notification, direct that a record-of-rights be made, or that the record-of-rights be specially revised, as the case may be.

(2) A notification under sub-section (1) may direct that record-of-rights shall be made or specially revised for all or any of the estates in any local area.

(3) A record-of-rights made or specially revised for an estate under this section shall be deemed to be the record-of-rights for that estate, but shall not affect any presumption in favour of Government which has already arisen from any previous record-of-rights.

41. Periodical records.– (1) The Collector shall cause to be prepared by the Patwari [2] of each estate periodically, as the Board of Revenue may direct, an edition of any record-of-rights amended in accordance with the provisions of this Chapter.

(2) Such edition of the record-of-rights shall be called the periodical record for the estate, and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39, and such other documents, if any, as may be prescribed.

(3) For the preparation of periodical records, the Collector shall cause to be maintained by the Patwari of each estate a register of mutations in the prescribed form and other prescribed registers, if any.

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Procedure for making records

42. Making of that part of periodical records which relates to land-owners.–

1. [Subject to the other provisions of this Chapter, a person] acquiring by inheritance, purchase, mortgage, gift, or otherwise, any right in an estate as a land-owner, or a tenant for a fixed term exceeding one year, shall, within three months from the date of such acquisition, report his acquisition of right to the Patwari of the estate, who shall–
   
   1. record such report in the Roznamacha [3] to be maintained in the prescribed manner;
   2. furnish a copy of the report so recorded, free of cost, to the person making the report; and
   3. send a copy of the report, within a week of its receipt by him, to the [office of the Union Administration] within which the estate is situated.
      [* * * * * * * * *]
2. If the person acquiring the right is a minor or is otherwise unable to report, his guardian or other person having charge of his property shall make the report to the [Patwari [* * * *]].
3. The Patwari shall enter in his register of mutations every report made to him under sub-section (1) or sub-section (2), and shall also make an entry in the Roznamcha and in the register of mutations respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which report should have been made to him under either of those sub-sections and has not been so made.
4. The report made to the Patwari under sub-section (1) or sub-section (2) or recorded by him under sub-section (3) shall be displayed in such manner as may be prescribed.
5. If the Patwari fails to record or to display a report made to him under sub-section (1) or sub-section (2), the person making the report may make the report, in writing, to the Revenue Officer concerned and the [Union Nazim of the Union] [4] in which the estate is situated, by registered post acknowledgement due and the Revenue Officer shall thereupon cause such report to be entered in the register of mutations.
6. A Revenue Officer shall, from time to time, inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing sub-sections, report should have been made to the Patwari and entries made in that register, and, shall in each case make such order as he thinks fit with respect to any entry in the periodical record of the right acquired.
7. Except in cases of inheritance or where the acquisition of the right is by a registered deed or by or under an order or decree of a Court, the Revenue Officer shall make the order under sub-section (6) in the presence of the person whose right has been acquired, after such person has been identified by two respectable persons, preferably from Lambardars [5] or members of the [Zila Council, Tehsil Council or Town Council] [6] concerned whose signatures or thumb-impressions shall be obtained by the Revenue Officer on the register of mutations.
8. An inquiry or an order under sub-section (6) shall be made in the common assembly in the estate to which the mutation, which is the subject matter of the inquiry, relates.
9. Where a Revenue Officer makes an order under sub-section (6) in regard to the acquisition of any right, an entry shall be made in the periodical record by the insertion therein of a description of the right acquired and by the omission from such record of any entry in any record previously prepared, which, by reason of the acquisition, has ceased to be correct.
10. If within three months of the making of a report of the acquisition of a right under sub-section (1) or sub-section (2), or the recording by the Patwari of an entry in the Roznamcha under sub-section (3) respecting the acquisition of any right, no order is made by the Revenue Officer under sub-section (6), he shall report the cause of delay to the Collector in the prescribed manner.
11. The Revenue Officer shall, in the prescribed manner, send or cause to be sent, the gist of an order made by him under sub-section (6), to the person whose right is acquired, and also to the [office of the Union Administration] in which the estate is situated.

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44. Determination of disputes.– (1) If during the making, revision or preparation of any record, or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested, but subject to the provisions of section 45, and after such inquiry as he thinks fit, determine the entry to be made as to that matter and record his reasons therefor.

(2) If in any such dispute, the Revenue Officer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall–

1. if he be not below the rank of Assistant Collector of the first grade, ascertain, after an inquiry in which an opportunity shall be given to all the parties to the dispute of being heard and adducing evidence in support of their claims, who is the person best entitled to the property, and shall by written order direct that the person be put in possession thereof, and that entry in accordance with that order be made in the record or register; and
2. if he be below the rank of Assistant Collector of the first grade, report the matter to the Assistant Collector of the first grade, who shall thereupon proceed in the manner provided in clause (a).

(3) A direction under sub-section (2) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.

[45. Restriction on variations of entries in records.– Entries in a record-of-rights or in a periodical record, except entries made in periodical records with respect to undisputed acquisition of interest under section 43, shall not be varied in subsequent records otherwise than by–

1. making entries in accordance with facts proved or admitted to have occurred;
2. making such entries as are agreed to by all the parties interested therein or are supported by a decree or order binding on those parties; and
3. making new maps where it is necessary to make them.]

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[48. Penalty.– (1) Subject to sub-section (2), a person who neglects to make, within three months from the date of his acquisition of a right referred to in section 42 or section 42-A, the report required to be made or who fails to furnish the information or produce the documents required under section 47, shall be liable, at the discretion of the Collector, to a fine not exceeding five hundred rupees [C$2.40].

(2) If a person acquires a right through a registered document, the Registering Authority shall, in the prescribed manner, make a report of the acquisition of the right to the Patwari or the [Arazi Record Centre].] [7]

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CHAPTER VII

ASSESSMENT

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[70-B. Determination of land ownership.– For the purposes of sections 56-A and 70-A–

1. One acre of irrigated land shall be reckoned as equivalent to two acres of unirrigated land, provided that in calculating the aggregate area of a land-owner the conversion is made from unirrigated to irrigated land;
2. land owned by a land-owner shall include all land owned by him, whether such land is situated wholly within the Province or partly within and partly outside the Province, except the following:-
   
   1. land described in clauses (b), (c) and (d) of section 56; and
   2. share in shamlat [8] of a village where the total area of such shamlat does not exceed 25 acres;
3. “land owner” shall include a person–
   
   1. who is an allottee or a grantee of any land under any scheme of the Government, under which such allotment or grant is to mature into ownership;
   2. who has mortgaged his land, or any portion thereof;
   3. who has permanent rights and interest in land.]

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CHAPTER VIII

COLLECTION OF LAND REVENUE

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76. Orders to regulate payment of land-revenue.– (1) Notwithstanding anything in any record-of-rights, the Board of Revenue may fix the number and amount of the installments, and the times, places and manner, by, at and in which the land-revenue is to be paid.

(2) Until the Board of Revenue otherwise directs, land-revenue shall be payable by the installments at the times and places and in the manner, by, at and in which it is payable immediately before the commencement of this Act.

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80. Processes for recovery of arrears.– Subject to the other provisions of this Act, an arrear of land-revenue may be recovered by any one or more of the following processes, namely:-

1. by service of a notice of demand on the defaulter under section 81;
2. by arrest and detention of his person under section 82;
3. by distress and sale of his movable property and uncut or ungathered crops under section 83;
4. by transfer, under section 84, of the holding in respect of which the arrear is due;
5. by attachment, under section 85, of the holding in respect of which the arrear is due;
6. by annulment, under section 86, of the assessment of that holding;
7. by sale of that holding under section 88;
8. by proceedings against other immovable property of the defaulter under section 90.

81. Notice of demand.– A notice of demand may be issued by Revenue Officer on or after the day following that on which an arrear of land-revenue accrues.

82. Arrest and detention of defaulter.– [(1) If after lapse of twenty days of the service of the notice of demand under section 81 on a defaulter, arrears of land-revenue due from him or any part thereof, remain unpaid, a Revenue Officer may issue a warrant directing an officer named therein to arrest the defaulter or the person who furnishes security under clause (b) of sub-section (8) and bring him before the Revenue Officer.]

(2) [* * * * * * * * * * * *]

(3) When the defaulter is brought before the Revenue Officer, the Revenue Officer may cause him to be taken before the Collector, or may keep him under personal restraint for a period not exceeding ten days and then, if the arrear is still unpaid, cause him to be taken before the Collector.

(4) Where the Revenue Officer keeping a defaulter under personal restraint is an Assistant Collector of the second grade, he shall without delay report his action to the Collector, if the period of such restraint exceeds twenty-four hours.

(5) When the defaulter is brought before the Collector, the Collector may issue an order to the officer-in-charge of the civil jail of the District, directing him to confine the defaulter in jail for such period not exceeding the month from the date of the order, as the Collector thinks fit.

(6) The process of arrest and detention shall not be executed against a defaulter who is a female, a minor, a lunatic or an idiot.

(7) A warrant of arrest issued against a defaulter under sub-section (1) shall not be executed, if the arrears due from him are paid or the defaulter furnishes security in the manner provided in clause (b) of sub-section (8).

(8) Any defaulter, who, under sub-section (3) is being kept under personal restraint, or under sub-section (5) is being confined in the civil jail, shall forthwith be set at liberty–

1. on the arrears due from such defaulter being paid; or
2. on the defaulter furnishing to the Revenue Officer ordering his arrest, or the Collector, security to the satisfaction of the Revenue Officer or the Collector, as the case may be, for the payment of the arrears due from him. (Punjab 1967, bold, italics, and square brackets containing text or symbols in original and footnote omitted; notes, alternate spelling and currency conversion added)

PIDE notes that the Transfer of Property Act, 1882 is "[t]he general law describing and regulating matters of property transfer (lease, sale, mortgage, etc.)" (2022-03-17, 5). The Transfer of Property Act, 1882 provides the following regarding fraudulent land transfers:

53. Fraudulent transfer. (1) Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor or delayed.

Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration.

Nothing in this sub-section shall affect any law for the time being in force relating to insolvency.

A suit instituted by a creditor (which term includes a decree-holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor, shall be instituted on behalf of, or for the benefit of, all the creditors.

(2) Every transfer of immovable property made without consideration with intent to defraud a subsequent transferee shall be voidable at the option of such transferee.

For the purposes of this sub-section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consideration was made,

53-A. Part performance. Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty;

and the transferee has, in part performance of the contract, taken possession of the property or any part thereof or the transferee, being already in possession continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract,

Then notwithstanding that the contract, though required to be registered, has not been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by me [sic] terms of the contract:

Provided that nothing in this section shall affect the rights of a transferee for -consideration who has no notice of the contract or of the part performance thereof. (Pakistan 1882, bold in original)

PIDE states that the Registration Act, 1908 is "[t]he general law that regulates the registration of documents" and according to this act, "whenever property rights are transferred or mutated, often requisite documentation needs to be registered (particularly in urban areas)" (2022-03-17, 5). The Registration Act, 1908 provides the following:

PART III

OF REGISTRABLE DOCUMENTS

17. Documents of which registration is compulsory.– (1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871 or the Indian Registration Act, 1877, or this Act came or comes into force namely: -

(a) instruments of gift of immovable property ;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

[Explanation.– In the case of an assignment of a mortgage the consideration for the deed of assignment shall be deemed to be the value for registration;]

(c) non-testamentary instruments [other than the acknowledgement of a receipt or payment made in respect of any transaction to which an instrument registered under clause (o) relates)] which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d) leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

[(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:]

Provided that the [Provincial Government] may, by order published in the [official Gazette,] exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to–

(i) any composition deed; or

(ii) any instrument relating to shares in a Joint Stock Company, notwithstanding that the assets of such Company consist in whole or in part of immoveable property; or

(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immoveable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immoveable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv) any endorsement upon or transfer of any debenture issued by any such Company; or

(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immoveable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

(vi) any decree or order of a Court [except a decree or order expressed to be made on a compromise and comprising immoveable property other than that which is the subject-matter of the suit or proceeding; or]

(vii) any grant of immoveable property by [the Government;] or

(viii) any instrument of partition made by a Revenue Officer; or

(ix) any order granting a loan or instrument of collateral security granted under [* * *] the Land Improvement Loans Act, 1883; or

[(x) Any order granting a loan under the [West Pakistan Agriculturists’ Loans Act 1958 (W.P. Act XVII of 1958)] the Agricultural Development Bank Ordinance, 1961 (Ordinance IV of 1961), or under any other law for the time being in force relating to the advancement of loans for agricultural purpose, or any instrument under which a loan is granted by a cooperative society for any such purpose, or any instrument made for securing the repayment of a loan so granted; or]

(xi) any endorsement on a mortgage deed acknowledging the payment of the whole or any part of the mortgage money, and any other receipt for payment of money due under a mortgage [* * *]; or

(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue officer [; or]

[(xiii) any counterpart of a lease, where the lease corresponding thereto has itself been registered.]

[Explanation.– A document purporting or operating to effect a contract for the sale of immoveable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest-money or of the whole or any part of the purchase-money.]

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PART V

OF THE PLACE OF REGISTRATION

[28. Place for registering documents relating to land.– [(1) Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c), [(d) and (e), section 17, sub-section (2), and section 18, in so far as such document affects immoveable property], shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.]

[(2) Notwithstanding anything contained in sub-section (1),–

1. after a document is registered, no party thereto shall be entitled to question the validity of its registration on the ground that the property which purported to give jurisdiction to the Sub-Registrar to register it either did not exist or was fictitious or insignificant or was not intended to be conveyed; and
2. a document the registrati of which is secured by the inclusion of a non-existent, fictitious, or insignificant portion or item shall not in any manner affect the rights of a person who was not a part thereto and acquired rights in the property without notice of the transaction to which such document relates.]. (Pakistan 1908, bold and square brackets in original and footnotes omitted)

The Land Acquisition Act, 1894 also states the following:

6. Declaration that land is required for a public purpose.– (1) Subject, to the provisions of Part VII of this Act, [when the [Commissioner]] is satisfied, after considering the report, if any, made under section 5-A, sub-section (2)], that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of [Commissioner] or of some officer duly authorised to certify [such] order:

Provided that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.

(2) The declaration shall be published in the official Gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and, where a plan shall have been made of the land, the place where such plan may be inspected.

(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration, the [Commissioner] may acquire the land in manner hereinafter appearing.

[(4) When the area in respect of which the said declaration is made is less than the area previously notified under sub-section (1) of section 4, such previous notification, so far as it relates to the excess area, shall be deemed to have been superseded by the said declaration].

7. After declaration Collector to take order for acquisition.– Whenever any land shall have been so declared to be needed for a public purpose or for a Company, the [Commissioner], or some officer authorised by the [Commissioner] in this behalf, shall direct the Collector to take order for the acquisition of the land.

8. Land to be marked out, measured and planned.– The Collector shall thereupon cause the land (unless it has been already marked out under section 4) to be marked out. He shall also cause it to be measured, and if no plan has been made thereof, a plan to be made of the same.

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16. Power to take possession.– When the Collector has made an award under section 11, he may, [subject to the provision of section 31], take possession of the land, which shall thereupon [vest absolutely in the [Government]] free from all encumbrances.

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18. Reference to Court.– (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is taken:

Provided that every such application shall be made,–

1. if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;
2. in other cases, within six weeks of the receipt of the notice from the collector under section 12, sub-section (2) or within six months from the date of the Collector’s award, whichever period shall first expire.

[(3) Notwithstanding anything to the contrary contained in section 21, the Provincial Government may, if it has not accepted the award, refer the matter to the Court within a period of six months from the date of announcement of the award; provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and determination of the objection against the award].

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23. Matters to be considered in determining compensation.– (1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration–

first, the market-value of the land at the date of the publication of the [notification under section 4, sub-section (1)].

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secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector’s taking possession thereof;

thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land;

fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and

sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector’s taking possession of the land.

[(2) In addition to the market-value of the land as above provided, the Court shall award a sum of fifteen per centum on such market-value, in consideration of the compulsory nature of the acquisition, if the acquisition has been made for a public purpose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Company].

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30. Dispute as to apportionment.– When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court.

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36. Power to enter and take possession, and compensation on restoration.– (1) On payment of such compensation, or on executing such agreement or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.

(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein:

Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the [Commissioner] shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a Company.

37. Difference as to condition of land.– In case the collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Court. (Pakistan 1894, bold, italics and square brackets in original and footnotes omitted)

The Illegal Dispossession Act, 2005 also provides the following:

3. Prevention of illegal possession of property, etc.-(1) No one shall enter into or upon any property to dispossess, grab, control or occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property.

(2) Whoever contravenes the provisions of the sub-section (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provision of section 544 A of the Code.

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6. Power to attach property.-(1) If the Court is satisfied that none of the persons are in possession immediately before the commission of the offence, the Court may attach the property until final decision of the case.

(2) In case of attachment, the methods of its management safeguard against natural decay or deterioration shall be determined by the Court.

7. Eviction and mode of recovery as an interim relief.-(1) If during trial the Court is satisfied that a person is found prima facie to be not in lawful possession, the Court shall, as an interim relief direct him to put the owner or occupier, as the case may be, in possession.

…

8. Delivery of possession of property to owner, etc.-(1) On conclusion of trial, if the Court finds that an owner or occupier of the property was illegally dispossessed or property was grabbed in contravention of section 3, the Court may, at the time of passing order under sub-section (2) of that section, direct the accused or any person claiming through him for restoration of the possession of the property to the owner or, as the case may be, the occupier, if not already restored to him under section 7.

…

(Pakistan 2005, bold in original)

PIDE indicates that in addition to the laws mentioned above, there are also local and special laws on property rights, which "include laws governing housing societies whether they fall under the private category, cooperative societies, mutual societies, and cantonment boards, etc." (2022-03-17, 5). In a telephone interview with the Research Directorate, a professor of sociology and criminal justice at the State University of New York, Oneonta, who has conducted research on policing in Pakistan and specializes in comparative criminal justice, also stated that there are many federal, provincial, local, customary, and Islamic laws that regulate matters relating to the transfer and ownership of land in Pakistan (Professor 2022-12-09). According to the same source, apart from the Illegal Dispossession Act,2005, all the main government laws are old laws promulgated before the country's independence and are not effective in addressing issues relating to land disputes even if they have been revised to adapt to the current situation (Professor 2022-12-09). The law firm also stated the following regarding land transfer legislations:

The same legislations [such as the Transfer of Property Act of 1882, the Land Acquisition Act of 1894, and the Illegal Dispossession Act of [2005]] are still in effect. However, amendments are made within the same [legislations] from time to time, for example the Transfer of Property Amendment Act, 2011. Moreover, local laws made by province(s) have been introduced and implemented … Additionally, special laws made by private housing societies, cooperatives, mutual societies, cantonment boards, etc. have also been introduced and implemented. (2022-12-12)

3. Land Transfer

In correspondence with the Research Directorate, an advocate high court and a human rights consultant in Lahore indicated that the methods of permanently transferring ownership of property include relinquishment, sale and gift, while methods of temporarily transferring ownership include mortgage, lease, as well as leave and license agreement (Advocate High Court 2022-12-01). The Professor also noted that the main modes of transferring and acquiring land are "sale/purchase, gift (notably by will), mortgage, and inheritance" (2022-12-09). Similarly, the law firm indicated that "there are different forms of transfer under the Transfer of Property Act, 1882, including sale, mortgage, lease, exchange and gift" (2022-12-12).

3.1 Requirements and Procedures to Transfer Land

Sources indicate that the procedures to transfer land vary between rural and urban areas (PIDE 2022-03-17, 6; Law firm 2022-12-12), and between provinces (Law firm 2022-12-12).

The Advocate High Court described the procedure to transfer property as follows:

1. Receiving the Offer to Purchase (the document signifying the buyer's intention to purchase the seller's property);
2. Securing the purchase price;
3. Obtaining the relevant documents;
4. Signing the transfer documents;
5. Obtaining the Clearance Certificates;
6. Lodging in Deeds Office;
7. Registration and Finances (2022-12-01).

3.1.1 In Rural Areas

PIDE provides the following transfer procedure for properties in rural areas:

Step 1 – Any sane person or a minor (through their legal guardian) can report to the Patwari their intention to transfer their property right[s] (sale, mortgage, gift or otherwise)[.] If such a transfer has already taken place and the owner has died, then the report to [the] patwari has to be made within three months.

Step 2 – Upon being notified, the patwari is supposed to enter and record the intention to transfer rights in his/her daily register, and provide a free of charge copy of the entries in their daily register to the person reporting the event. Furthermore, the patwari is supposed to inform the concerned union council for public display of what has been reported to him/her. The patwari then has the responsibility to take the case higher up the revenue ladder (tehsildar office) [9], so that entries are changed in the mutations register.

Step 3 – A revenue officer in the concerned office of tehsildar (normally tehsildar or naib-tehsildar) is supposed to check, verify and then either accept or reject the transfer. Tehsildar has the power to reject any transfer [except] those that involve cases of inheritance, are done through a registered deed or have been decreed by a court of law.

Step 4 – The revenue officer from the office of tehsildar is supposed to note the precise description of rights that are being transferred, get signature of the person whose rights are being acquired, and make sure that the person is correctly identified by two persons, usually village headmen or members of the concerned union council.

Step 5 – Ideally such a proposed transfer is to be verified through an open assembly of landlords from the area before records are changed in the mutations register.

Step 6 – Typically it is not obligatory in rural areas to register the transfer of property separately. But in some cases[,] it may be require or advisable to register this transfer under the Registration Act, 1908. (PIDE 20220317, 6, bold in original)

The law firm explained the process to transfer land in rural areas as follows:

1. A prospective purchaser will approach the local patwari to identify the land they intend to purchase and obtain a corresponding land identification number;
2. By looking up the land identification number in the paper-based record maintained by the patwari, the prospective purchaser collects further information regarding the land and its current owner;
3. "Since the record maintained by the patwari only carries presumptive value, the investor must investigate the 'chain of title' by carrying out necessary due diligence in order to ensure that the present owner has a good root of title." In order to do this, they "must separately approach" the local registrar and "verify if the sale deed through which the present owner derives his title was validly executed." This step must be repeated for all transactions completed in the previous 15 years. (2022-12-12)

3.1.2 In Urban Areas

The law firm explained the following process of property transfer in urban areas through the example of Islamabad:

1. Submit a "'Property Transfer Application'" addressed to the Director (Land and Estate), requesting a transfer of allotment of the house/plot/apartment or a person's share and interest in their own name or in the favour of the transferee. The application must be completed by both parties and attested by a first-class government officer or the magistrate;
2. Provide the mandatory documentation which includes: the original allotment letter of the transferor; a copy of the Computerized National Identity Card (CNIC)/Smart Card/National Identity for Overseas Pakistani (NICOP) of the transferor, transferee, attorney, and the attesting officer; three copies of the signatures and thumbprints of both the transferor and attorney; recent passport-size photographs of both parties; an indemnity bond with a judicial stamp, which is registered by a notary public and attested or countersigned by a first-class government officer or magistrate; and a No Objection Certificate (NOC) from the Board of Revenue (BOR), exempting the property rights of the owners from all sorts of legal objections. If the documents are being sent from outside of Pakistan, a special power of attorney attested by the high commission or embassy is also required;
3. Payment of the property transfer fee, whose rate is calculated per square yard and may vary "for certain properties and societies". (Law firm 2022-12-12)

PIDE provides the following on the steps of property transfer in urban areas:

All transfers of immovable property in urban areas are required to be registered under the Registration Act, 1908. This registration is necessary for official property records and tax purposes. This registration is done with the concerned sub-registrar which is normally the tehsildar office. Once the registration is made, then the office of tehsildar makes the mutation in the revenue records.

The most common mode of transfer of immovable property in urban areas is through sale/purchase. The processes involved in this are summarised below:

Process 1 – Obtain "Fard" for proof of ownership from relevant office within the revenue department, if one is not in possession already.

Process 2 – Use the appropriate stamp paper to draft the sale deed/contract. Usually experienced deed writers and/or lawyers are hired for this purpose.

Process 3 – Payment of relevant stamp duty fees, capital gains tax and other related fees

Process 4 – Registration of the sale deed with the relevant sub-registrar in whose jurisdiction the property is located.

Process 5 – Eventual mutation in the sub-registrar office in the revenue record. (2022-03-17, 7, bold in original)

3.2 Land Registration

The law firm stated the following regarding the land registration system in Pakistan:

The Land Registration System in Pakistan is archaic and inefficient. … The basic purpose of this system was to make a depository/storehouse, to record registered instruments. This was adequate for the pre-industrial world, where land was primarily used for agricultural purposes. The British adopted this system in the subcontinent to levy taxes through the revenue department. However, as the interests in land expanded, the need for a more structured method of land registration became evident. For [example], the Deeds Registration System does not provide a record of the title of the land. Instead, it gives the title of the registered deed. It records the "sale deed" as an instrument of title. This reiterates the importance of due diligence in real estate transactions because the system does not provide the title ownership or interest in the property. Moreover, in Pakistan the state is not the guarantor of title. A buyer must carry out due diligence by investigating the seller's title and bear responsibility for the eventuality where the title is proved to be defective. The state does not guarantee the accuracy of the land record it maintains. Thus, where a buyer has acted in reliance upon governmental records to purchase a piece of land and it is subsequently found that the seller's title was defective, the state will not compensate the buyer. Instead, the matter would be settled by litigation. The complete details and evidence of land rights are quite difficult to obtain for due diligence purposes. … Significant causes of land disputes are inaccurate and forged land records, incorrect boundary descriptions by the patwaris (land record officials) that create overlapping claims, and multiple registrations to the same land by different parties. (2022-12-12)

According to the same source, "the land registration system is bifurcated into rural and urban systems" (Law firm 20221212).

3.3 Land Transfer Documents

According to the law firm, "transfer documents vary from area to area" (2022-12-12).

A checklist for the transfer of plot/property (attachment 1) and a template of an affidavit of the legal heirs (attachment 2), provided by the website of the Islamabad Capital Development Authority, are attached to this Response. Templates of documents to gift a property to family members (attachment 3) and templates and samples of documents to declare a gift property given to family members (attachment 4), provided by the law firm in follow-up correspondence with the Research Directorate, are also attached to this Response. A template of a deed for the sale of a plot (attachment 5) and samples of stamp papers (attachment 6), provided by the Advocate High Court, are attached to this Response.

4. Land Disputes and Fraud in Land Transfers

The Professor stated that "land disputes are quite prevalent in Pakistan" (2022-12-09). According to the Advocate High Court, land dispute cases are "more" frequent in rural areas (2022-12-01). Similarly, the law firm stated that "[t]ribal-dominated and rural areas have higher concentrations and intensities of land disputes as compared to the urban areas in the country" (2022-12-12). The same source explained that it is more difficult to "grab land" in urban areas than in rural areas due to the following reasons:

In urban cities it is relatively harder to dispossess person(s) [of their properties] or take illegal possession of another's land due to the diligence of the police and the authorities. For example, in Islamabad the Capital Development Authority (CDA), a public benefit corporation responsible for providing municipal services in Islamabad, is responsible for preventing such matters. The competence of the authorities and the difficulty in approaching a government officer in an urban city makes it more difficult to grab land, whereas in rural areas in Pakistan the concerned officers are easily bribed, threatened and the … authorit[ies] are easily coerced or bribed to the bidding of the powerful and the wealthy. (Law firm 2022-12-12)

In contrast, the Professor stated that land disputes are "more frequent" in urban areas since the "land mafia" [see section 4.2.1 of this Response] is "generally" located in urban areas and operates "for the most part" in areas where land is more valuable (2022-12-09). The same source noted that land disputes in rural areas are family-related "most of the time" (Professor 2022-12-09).

The law firm also described other issues linked with land disputes as follows:

[The] [p]aper-based record maintained by the patwari is often very disorganized and inaccurate. It is difficult to carry out due diligence to ensure the authenticity of ownership and whether he has a good root of title. In the majority of cases, individuals with no power, money or influence in society are the victims of land grabbing in Pakistan. In some cases, entire communities may also become victims of land grabbing. This happens mostly when housing societies are established on larger scales. Properties are taken illegally from their owners and villages are destroyed completely to pave the way for these projects. In other cases, local or government bodies are the victims of these land-grabbing mafias. (2022-12-12)

4.1 Types and Causes of Land Disputes

The Professor stated that land disputes in Pakistan can take many forms; it could be a family dispute or a dispute caused by other problems such as "corruption of rogue government officials" (2022-12-09). According to the Advocate High Court, "[l]and conflicts can result from historical injustices, ill-advised government policies, conflicts of interest, corrupt leadership, or more generally from competition over land and resources" (2022-12-01).

4.2 Fraud and Corruption in Land Transfers

The Advocate High Court stated that there are "still thousand of cases" relating to fraud in land transfer that "are pending in different courts" (2022-12-01). The law firm also noted that there is an "increasing backlog of land-related disputes in the courts of Pakistan" and "[i]t is estimated that around one … million land cases are pending before the courts nationwide" (2022-12-12).

In correspondence with the Research Directorate, an Advocate Supreme Court of Pakistan, who is also the founder of the Pakistan Institute of Human Rights [10] and a UK barrister at law, stated that "[f]raud in the transfer of land is rampant everywhere. Culprits are individuals or organized land mafias, often in collusion with revenue officials" (Advocate Supreme Court 2022-12-13). The law firm also indicated that fraud in property transfer "is quite rampant" (2022-12-12). According to the same source, "[i]t is difficult to know the exact statistics of cases of fraudulent transfers in Pakistan, because the authorities are usually complicit in the fraud itself and will very rarely accept that official standards have been breached and fraud [has] taken place" (Law firm 2022-12-12).

A November 2021 article by the Guardian reports that the Ravi Riverfront City project near Lahore has faced "accusations of rampant land grabs by prime minister Imran Khan's government which has championed the project" and has been met with opposition from "thousands" of farmers and residents (2021-11-02). The same source notes that in October 2021 a Lahore high court judge "found 'gross irregularities'" with the project and stated that "it would benefit land developers" and that in 2020 the government created the Ravi Urban Development Authority (RUDA) to oversee the development and gave RUDA "complete legal immunity" "so that no lawsuit or legal challenge could be filed against the project or anyone working on it" (The Guardian 2021-11-02). The same source also reports that "[m]any" farmers "claim the government is refusing to pay market values for farms, instead declaring their land almost worthless" (The Guardian 2021-11-02). A September 2021 article by Dawn, an English-language newspaper in Pakistan, cites the RUDA Chief Executive Officer as indicating that in September 2021 landowners began receiving a compensation package prepared specially for those affected by the development project (2021-09-06).

A September 2019 article on an investigation by Dawn reports that Bahria Town, a real estate developer (Bahria Town n.d.), and Sindh government officials acquired "thousands of acres of land" in Jamshoro district in Karachi (Dawn 2019-09-12). The same source reports that according to "numerous" interviews with Jamshoro residents, "government land is being illegally procured under the guise of private transactions" (Dawn 2019-09-12). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4.2.1 Land Mafia

The Professor defined land mafia as groups of influential criminals composed "for the most part" of "corrupt" politicians, "crooked and shady" businessmen, members of organized crime gangs, "rogue" state officials and owners of real estate agencies "attracted by excessive profits" (2022-12-09). The Advocate High Court also described land mafias as "consisting of municipal and other government officials, elected politicians, and judicial and law enforcement officials," who "acquire, develop and sell land in illegal ways for profit" (2022-12-01). According to the same source, "[t]hese mafias are still active in Pakistan" and can be found in "all cities" (Advocate High Court 2022-12-01).

According to the law firm,

[l]and grabbing is a common phenomenon in Pakistan where a group of people (land mafia) take private or public property into illegal possession through force. After grabbing the land, they bribe government officials and … take possession [of the property] using illegal measures [with help from the officials]. (2022-12-12)

The same source noted that members of the land mafia "forge documents as evidence" of ownership and "file fictitious suits" "to claim the property" (Law firm 2022-12-12). The Professor also indicated that the land mafia uses "several" legal and illegal means to dispossess lands from owners including "threats, harassment, as well as allegations and false accusations of apostasy and blasphemy" (2022-12-09).

An August 2022 Dawn article reports that the land mafia took advantage of the flood situation in Karachi to grab private and state land, "in the name of settlement of flood-affected people of rural parts of the province" (Dawn 2022-08-28). A December 2022 article by the same source indicates that "influential land-grabbers" occupied "about" 600 acres of state land in Kohistan district (Dawn 2022-12-02).

4.3 State Protection

Sources indicate that the government does not provide protection for people affected by land disputes and land grabbing (Professor 2022-12-09; Advocate High Court 2022-12-01; Advocate Supreme Court 2022-12-13).

4.3.1 Judiciary

According to the Professor, the judiciary is "not effective" and it is "difficult or even impossible" to get judicial redress in land grabbing cases, especially when the land mafia is involved, due to corruption of the police, the judiciary and various government bodies throughout Pakistan (2022-12-09). The Advocate Supreme Court also noted that "[r]emedy in courts for relief in such matters is very frustrating as courts take years or decades to decide matters. The rightful owner has to spend a great deal of money, time and also face harassment before he may get relief" (2022-12-13). The law firm stated that the "[s]tate judiciary is not very effective in protecting people affected by land disputes" (2022-12-12).

The Advocate High Court stated that "[i]t will take years in court to decide the case of [l]and dispute," and while the local jirgas ["traditional tribunals" (Professor 2022-12-09)] render decisions "quick[ly]," "sometimes" the party later takes that jirga judgement to court (Advocate High Court 2022-12-01). The Professor noted that jirgas are "not effective" in land disputes since they are "only" used by the Pashtun and Kaushal ethnic groups in Pakistan and "are also known to discriminate against women especially in matters relating to inheritance" (2022-12-09). The law firm also stated the following:

The effectiveness of local jirgas is contingent upon a number of factors including but not limited to the tribal area the land dispute has occurred in and whether or not the jirga leader is compromised. If he is not compromised, then there is an actual chance of a fair decision taking place. Nevertheless, these are archaic and outdated measures and therefore the enforceability of [a jirga decision] is questionable at best. Jirga functioning in the capacity of arbitration, mediation or negotiation is permissible. However, they cannot usurp the jurisdiction of ordinary courts of law, be it civil or criminal. Jirgas that function as parallel courts are not considered legally binding. (2022-12-12)

The law firm stated that the Supreme Court of Pakistan has taken "a firm position" against the Qabza Mafia (land grabbing mafia) and created laws to combat land grabbing, such as the Illegal Dispossession Act, 2005, which "was introduced to curb these activities and has been successful in achieving this purpose" (Law firm 2022-12-12). In contrast, the Professor stated that the Illegal Dispossession Act, 2005 has "failed" to stop the land mafia or limit their land grabbing activities and the land mafia is becoming "more and more" powerful (2022-12-09).

4.3.2 Police

Using the example of Punjab province, the law firm explained the role of Punjab police in providing protection against land grabbers as follows:

The Punjab Police in January of 2021 set up an anti-land grabbers mafia to eliminate land grabbers from the provincial capital. The Punjab government notified a committee, which included representatives of the police, the revenue office, the [Lahore Development Authority (LDA)], the Overseas Pakistanis Commission and co-operative departments. The committee has been tasked to deal with the cases and complaints of citizens regarding land grabbing. The citizens have been provided with a helpline 1242 to reach the police. The helpline is to provide immediate help to the citizens and the police is to initiate a prompt action against the culprits. After this was introduced, the Lahore police arrested 300 people for land grabbing. (2022-12-12)

Further information on the role of police in providing protection against land grabbers, including police in other provinces, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Relocation

The Professor stated that it is possible for individuals targeted by land mafias to relocate elsewhere in Pakistan, and further notes that the relocation of targeted individuals is one of the goals of the land mafia, since the individual will leave their land behind (20221209). According to the same source, however, the lack of means to leave their land and relocate is the main obstacle for many targeted individuals, and the reason why these individuals prefer to stay and fight, since they have no other choice (Professor 2022-12-09). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] Profit, a Pakistan-based business magazine, defines a cess as "an additional tax imposed by the government with a specific goal in mind" (2022-12-12).

[2] According to the law firm, a patwari is a land record official (2022-12-12).

[3] According to the Punjab Land Records Manual, a roznamcha is a village diary (Punjab 1935, Sec. 3.100).

[4] International Crisis Group (Crisis Group) explains that there are three levels of local governments in rural areas, including union councils at the village level, tehsil committees at the sub-district level and zila councils at the district level (2004-03-22, 4). In urban areas, there are town committees, municipal committees and municipal/metropolitan corporations, depending on the size of the population (Crisis Group 2004-03-22, 4). Each level of government has an elected nazim, which is a mayor (Crisis Group 2004-03-22, 1).

[5] According to the Punjab Land Revenue Act 1967, lambardars are headmen of villages (Punjab 1967, Sec. 4(28)).

[6] See note 4.

[7] A Profit article cites a spokesperson of the Punjab Land Record Authority as stating that Arazi record centres in Punjab provide access to computerized land records (2022-02-11).

[8] Dawn, a newspaper in Pakistan, notes that Shamlat land is owned by the government and "cannot be portioned without government permission" (2018-04-10).

[9] According to the Pakistan Institute of Development Economics (PIDE), a tehsildar is a revenue officer at the tehsil level, and is responsible for supervising patwaris within that tehsil (20220317, 3). The same source adds that the tehsildar office is responsible for the "sanctioning of sale, purchase and mutation of land" and for ensuring that all records made by patwaris are correct (PIDE 2022-03-17, 3).

[10] The Pakistan Institute of Human Rights is a "research-based academic institution" and think tank that delivers human rights education for professionals and university students (Asia-Pacific Human Rights Information Center 2008, 136).

References

Advocate High Court, Lahore. 20221201. Correspondence with the Research Directorate.

Advocate Supreme Court. 20221213. Correspondence with the Research Directorate.

Asia-Pacific Human Rights Information Center. 2008. Directory of Asia-Pacific Human Rights Centers. [Accessed 2023-01-12]

Bahria Town. N.d. "About Us." [Accessed 20230113]

Dawn. 202212-02. "Influential Land Mafia Grabs 600 Acres State Land in Kohistan." [Accessed 2022-12-06]

Dawn. 2022-08-28. Imran Ayub. "'Mafia Occupying Land in City in Garb of Flood-Hit People'." [Accessed 2022-12-06]

Dawn. 2021-09-06. Khalid Hasnain. "Ravi Riverfront Project: Compensation to Landowners Has Started, Claims Ruda." [Accessed 2022-12-06]

Dawn. 2019-09-12. Naziha Syed Ali. "Bahria Town & Others: Greed Unbound." [Accessed 2022-12-22]

Dawn. 2018-04-10. Nasir Iqbal. "Bahria Town Project in Murree Is Situated on Shamlat Land, Locals Tell SC." [Accessed 2023-01-11]

International Crisis Group (Crisis Group). 2004-03-22. Devolution in Pakistan: Reform or Regression? Asia Report No. 77. [Accessed 2023-01-11]

The Guardian. 2021-11-02. Shah Meer Baloch. "'We Will Be Homeless': Lahore Farmers Accuse 'Mafia' of Land Grab for New City." [Accessed 2022-12-20]

Law firm, Islamabad. 20221212. Correspondence with the Research Directorate.

Pakistan. 2005 (amended 2017). Illegal Dispossession Act, 2005. [Accessed 20221208]

Pakistan. 1908 (amended 2018). The Registration Act 1908. [Accessed 20221208]

Pakistan. 1973 (amended 2012). The Constitution of the Islamic Republic of Pakistan. [Accessed 20221208]

Pakistan. 1894 (amended 2017). The Land Acquisition Act, 1894. [Accessed 20221208]

Pakistan. 1882. The Transfer of Property Act, 1882. [Accessed 20221208]

Pakistan Institute of Development Economics (PIDE). 20220317. Raja Rafi Ullah & M. Shaaf Najib. "Property Rights in Pakistan: Laws, Regulations, Transfers & Enforcement." PIDE Knowledge Brief. No. 2022:63. [Accessed 20221208]

Pakistan Institute of Development Economics (PIDE). 2022. PIDE 2022. [Accessed 20221208]

Professor, State University of New York, Oneonta. 20221209. Telephone interview with the Research Directorate.

Profit. 2022-12-12. Asad Ullah Kamran. "GIDC Amounting to Rs448 Bn Stuck in Limbo. What Is the GIDC Though?" [Accessed 2023-01-11]

Profit. 2022-02-11. Shahab Omer. "PLRA Gives Universal Access of Computerized Land Records to Arazi Record Centers." [Accessed 2023-01-11]

Punjab. 1967 (amended 2019). The Punjab Land Revenue Act 1967. [Accessed 20221208]

Punjab. 1935 (amended 2004). The Punjab Land Records Manual. [Accessed 202301-11]

Additional Sources Consulted

Oral sources: Asian Human Rights Commission; Centre for Humanitarian Dialogue; columnist who writes about Afghanistan and Pakistan; European Foundation for South Asian Studies; Human Rights Commission of Pakistan; International Crisis Group; Islamabad Policy Institute; Jang Group; Jinnah Institute; journalist based in Islamabad; Law firm in Pakistan (7); Lawyer and Advocate High Court (3); The Nation; Pakistan - Consulate General of Pakistan in Toronto, Federal Investigation Agency, High Commission of Pakistan in Ottawa, Supreme Court of Pakistan; Pakistani Institute for Peace Studies; Shirkat Gah; Sindh – Citizens Police Liaison Committee; Social Policy and Development Centre; Transparency International Pakistan.

Internet sites, including: Agence France-Presse; Amnesty International; Arab New; The Asia Foundation; Asian Human Rights Commission; Asia Times; Austrian Red Cross – ecoi.net; Belgium – Commissariat général aux réfugiés et aux apatrides; Bertelsmann Stiftung; Daily Times; EU – EU Agency for Asylum; Factiva; France - Office français de protection des réfugiés et apatrides; Freedom House; Foundation for Fundamental Rights; Human Rights Watch; International Crisis Group; The Nation; Pakistan – Ministry of Human Rights, Ministry of Law and Justice; Transparency International Pakistan; UK – Home Office; UN – Refworld, UN-Habitat; US – Department of State.

Attachments

1. Islamabad. N.d. Capital Development Authority, Directorate of One Window Operation. Checklist Transfer of Plot/Property. Translated into French by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-01-13]
2. Islamabad. N.d. Capital Development Authority. Template of an affidavit of the legal heirs. Translated into French by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-01-13]
3. Islamabad. N.d. Templates of documents to gift a property to family members. Sent to the Research Directorate from the law firm in Islamabad, 2022-12-16. Translated into French by the Translation Bureau, Public Services and Procurement Canada.
4. Islamabad. N.d. Templates and samples of documents to declare a gift property given to family members. Sent to the Research Directorate from the law firm, 2022-12-16. Translated into French by the Translation Bureau, Public Services and Procurement Canada.
5. Pakistan. N.d. Format of Deed for Sale of Plot. Sent to the Research Directorate by Advocate High Court, 2022-12-03. Translated into French by the Translation Bureau, Public Services and Procurement Canada.
6. Pakistan. N.d. Sample of stamp papers. Sent to the Research Directorate by Advocate High Court, 2022-12-03.