Registration of Gift Deed in Pakistan (Karachi) – Complete Legal Guide by Best Lawyers in Karachi

Transferring property to a loved one through a Gift Deed (Hiba) is one of the most common and legally recognized modes of property transfer in Pakistan. Whether you are gifting property to your children, spouse, parents, or siblings, proper documentation and registration are essential to avoid future disputes.

In this detailed guide, we explain the complete procedure for registration of Gift Deed in Karachi, legal requirements, stamp duty, documentation, revocation rules, and common mistakes. If you are looking for the best lawyers in Karachi, best law firm in Karachi, or experienced property lawyers in Karachi, this article will help you understand the process before proceeding.

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What is a Gift Deed (Hiba) in Pakistan?

A Gift Deed is a legal document through which a person (Donor) voluntarily transfers ownership of property to another person (Donee) without consideration (without payment).

Under Islamic law, “Hiba” requires:

1. Offer by the donor

2. Acceptance by the donee

3. Delivery of possession

Without these three elements, a gift may be challenged in court.

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Laws Governing Gift Deed Registration in Pakistan

Gift deeds in Karachi are governed by:

• Transfer of Property Act, 1882

• Registration Act, 1908

• Stamp Act, 1899

• Islamic Law principles (for Muslim citizens)

Proper registration ensures legal protection and prevents future inheritance disputes.

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Why Registration of Gift Deed is Important

Although oral gift (Hiba) is recognized under Islamic law, registration provides legal security and documentary proof.

Registration:

✔ Prevents fraud
✔ Protects donee’s ownership rights
✔ Reduces inheritance conflicts
✔ Creates official government record
✔ Strengthens court enforceability

In Karachi, unregistered gifts often lead to lengthy litigation. Consulting experienced property lawyers in Karachi ensures compliance with legal formalities.

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Step-by-Step Procedure for Registration of Gift Deed in Karachi

Step 1: Drafting of Gift Deed

A properly drafted gift deed must include:

• Complete details of donor and donee

• CNIC numbers

• Property description (survey number, plot number, area, boundaries)

• Statement of voluntary transfer

• Declaration of possession transfer

• No consideration clause

• Witness details

Professional drafting by the best lawyers in Karachi ensures clarity and avoids future disputes.

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Step 2: Stamp Duty Payment

Gift deeds require payment of stamp duty under the Stamp Act, 1899.

Stamp duty varies depending on:

• Province (Sindh rules apply in Karachi)

• Relationship between donor and donee

• Property valuation

Stamp paper must reflect accurate property value.

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Step 3: Visit Sub-Registrar Office

Gift deed must be presented before the Sub-Registrar under the Registration Act, 1908.

Both donor and donee must:

• Appear in person

• Provide original CNIC

• Provide passport-size photographs

• Bring two witnesses

Biometric verification is usually conducted.

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Step 4: Execution and Registration

After verification:

• Deed is signed before Registrar

• Thumb impressions recorded

• Document scanned and registered

• Official registration number issued

Once registered, the donee becomes legal owner.

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Documents Required for Gift Deed Registration in Karachi

• Original property title documents

• CNIC copies of donor and donee

• Two witnesses with CNIC copies

• Property tax receipts

• Utility bills (if required)

• Fard / ownership record

• Valuation certificate (if applicable)

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Can a Gift Deed Be Revoked?

Under Islamic law:

• A father may revoke gift to his child (with exceptions)

• Gift between spouses generally cannot be revoked

• Once possession is transferred and gift completed, revocation becomes difficult

Courts examine:

• Intention

• Delivery of possession

• Conduct of parties

Proper legal drafting reduces revocation risks.

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Gift Deed vs Sale Deed – Key Difference

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Special Considerations in Karachi

Karachi property may fall under:

• Cooperative housing societies

• DHA schemes

• Cantonment areas

• KDA / SBCA jurisdiction

Each authority may require:

• NOC

• Transfer fee

• Membership update

• Society approval

Consulting the best law firm in Karachi ensures compliance with society-specific requirements.

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Tax Implications of Gift Deed

Under Pakistani tax laws:

• Gifts to immediate family may be exempt from certain capital gains tax.

• Improper valuation may attract tax scrutiny.

• Filing of income tax return may be necessary.

Professional legal guidance prevents unexpected tax liabilities.

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Common Mistakes in Gift Deed Registration

❌ Incomplete property description
❌ No clear possession clause
❌ Not updating society record
❌ Under-declaration of property value
❌ Relying on oral gift without documentation
❌ Ignoring tax implications

These mistakes often lead to litigation among heirs.

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Why Hire the Best Lawyers in Karachi for Gift Deed?

Gift deed cases often become inheritance disputes after the donor’s death.

The best lawyers in Karachi and experienced property lawyers in Karachi ensure:

• Legally sound drafting

• Proper valuation

• Complete registration

• Tax compliance

• Protection against future litigation

Property matters require precision. A small drafting error can cost years of litigation.

Final Words – Secure Your Property Transfer Legally

Registration of a Gift Deed in Karachi is not just paperwork — it is long-term protection of your family’s property rights.

Improper documentation can result in:

• Inheritance disputes

• Cancellation suits

• Fraud allegations

• Tax penalties

Consulting the best lawyers in Karachi, experienced property lawyers in Karachi, or the best law firm in Karachi ensures a smooth and legally secure transfer process.

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Frequently Asked Questions (FAQs)

1. Is registration of gift deed mandatory in Pakistan?

For immovable property, registration is strongly recommended and legally required under statutory law for enforceability.

2. Can a gift deed be made without stamp paper?

No. Proper stamp duty payment is required.

3. How long does gift deed registration take in Karachi?

If documents are complete, registration can be completed within one working day.

4. Can gift deed be challenged in court?

Yes, if elements of offer, acceptance, or possession are missing.

5. Can overseas Pakistani execute gift deed?

Yes, through special power of attorney attested by Pakistani consulate.

6. Is possession necessary for valid gift?

Yes. Delivery of possession is essential under Islamic law.

7. What is the cost of registering gift deed in Karachi?

Cost depends on stamp duty, property valuation, and authority fees.

8. Can gift be made to minor?

Yes, through legal guardian.

9. Is NOC required from housing society?

In most societies, yes.

10. Can a gift deed replace inheritance?

Yes, if validly executed during lifetime.

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