Difference Between Registry and FARD - Registry VS FARD

 

Difference Between Registry and FARD - Registry VS FARD


In the name of ALLAH, the most beneficent, the most merciful



Difference between Registry and FARD

 

In this article, I am going to explain about difference between Registry and FARD in property matters. Registry aur FARD main Kia FARq hai. Before understanding, Registry and FARD, you should also know what is Mutation / Inteqal?

 

The Registry (Registered Sale Deed) is some thing different from FARD.  Although, both the documents show the name of owner or rights holders over land/property however, both are different from each other. Registry (Sale Deed) is a document  which is registered by Sub Registrar and its attested copy is also issued by Sub Registrar (if needed). However, FARD is a document issued by Patwari (where Mouza is not computerized) and from Arazi Record Center (where Mouza is computerized).  

 

The property can be transferred through many means like Registry to Registry, Mutation to Mutation, or registry + mutation. Allotment Letter and Possession Letter is the topic under discussion hence no detail is given here in this regard.

 

The area, which has not been marked as “Shamil Abadi” and record of which is still maintained by Revenue Department, such type of land situated in rural areas can be transferred either by Oral Sale Mutation or through Registry. If same is transferred through Registry (Sale Deed etc), after registration of sale deed, the mutation is also entered by Patwari concerned and sanctioned by Revenue Officer usually Tehsildar.

 

If Mouza is not computerized, then for the purpose of mutation on the basis of such sale deed, the purchaser should go to Patwari Halqa and request him to enter and get sanction mutation on the basis of sale deed. If purchaser does not do so, it may cause bundle of problems for the purchaser.

 

In case, the Mouza is computerized, then mutation on the basis of Registry is done through Arazi Record Centre by Service Centre Officials (SCO) and Assistant Director Land Record (ADLRs) etc. However, after few days of registration of sale deed, the purchaser should make sure that mutation in his name has been incorporated in Revenue Record and in case, no mutation is incorporated in his name, then he should request the concerned officer for incorporation of mutation in his name on the basis of sale deed.

 

If property is situated in Urban Areas, the transfer of property is not allowed to take place on the basis of just oral sale mutation. In this situation, execution of Registry is mandatory for transfer of property.

 

 

What is Registry in property?


Registry (Sale Deed etc or any other Registered Deed) of property is a document by which, ownership of any property is transferred from one person to another. For transfer of property, Registry is considered very strong document as compare to Oral Sale Mutation or Oral Mutation or mutation of any other purpose, hence it is recommended to always get execute Registry (Sale Deed) at the time of purchasing any property.

 

A Sale Deed may contain number of things like Seller’s name, father’s name, address, Identity Card number, Purchaser’s name, father’s name, address, Identity Card number, full detail of property like Property number, Street number, area, Khasra number, khatooni number, khewat number, area, and metes and bounds of property, reference of old mutation number or old registry on the basis of which, seller became

owner of property being sold.

 

A Sale Deed or any other registry of property is registered by Sub Registrar, and same is also signed and stamped by Sub Registrar. The Sale Deed or any other registered deed is registered with reference to registration number, book number, volume number, page numbers, date etc.

 

Following is the sample of Registry (Sal Deed):-

First Page of Registry 

First Page of Registry
First Page of Registry of property  

Back Side/ Endorsement on Registry of property


Back Side/ endorsement on Registry
Back Side/ endorsement on Registry of property  



Second Page of Registry 

Second Page of Registry

Second Page of Registry of property 


Third/ Fourth pages etc......

Last Page of Registry 



Last page of Registry
Last page of Registry of property 


For execution of Registry, several taxes, fees are paid to the Government like Stamp Duty, Registration Fee, TIP Tax (District Council or Metropolitan Corporation or Cantonment Board), taxes under section 236C and 236K of Income Tax Ordinance. Except Tax 236C of Income Tax Ordinance (people calls it as gain tax), all the taxes/fee are paid by purchaser of property, however, the seller of property is bordered to pay tax under section 236C of Income Tax property. The process of registry may complete round about 15 days. Delay may occur due to any reason.

                                            

 

Click the following link to know Registry Expenses in detail

Registry Expenses on property

 

 

What is FARD in property?

 

FARD also known as Naqal Register Haqdaran e Zamin (نقل رجسٹر حقداران زمین)   is a document issued by Patwari (If Mouza is not computerized) or Arazi Record Center (if Mouza is computerized).

 

A FARD contains bundle of things like name of Revenue Estate (Mahal or Mouza),  Patti / Taraf (Sub Division of Estate/Mouza), Tehsil, District, Khewat Number, Khatooni Number, name of owner, nature of rights (either owner, mortgagor or mortgagee etc),  year of jamabandi, share join joint property, particular area according to share, agricultural pass book number, name of cultivator, Khasra number, field number, source of irrigation, detail of cess, name of  lumberdar (headman) etc.

 

The FARD may also contain reference of mutation number (Inteqal number), on the basis of which, the persons appearing on FARD got rights in land.  

 

Following is the sample of FARD/ Naqal Register Haqdaran e Zamin:-

 

Sample of Register Haqdaran e Zamin
Sample of FARD 

 

 

FARD can only be issued to those persons whose name is reflecting in Revenue Record either has owner or some other right holders etc.  

 

At what time FARD be issued to owner

 

If property purchased is purchased through just Oral Sale Mutation, then after the mutation is sanctioned by Revenue Officer, the FARD can be issued to the owner

 

If property is purchased through Registry (Sale Deed), then after sanctioning of mutation by Revenue Officer concerned on the basis of Sale Deed, the FARD can be issued to the owner. However, if after registration of Sale Deed, the mutation on the basis of Sale Deed is not incorporated in Revenue Record, then no FARD can be issued to the owner because his name as owner is not reflecting in Revenue Record rather his name as owner is reflecting just in Sale Deed.  Mutation on the basis of Sale Deed is mandatory, for getting the FARD issued.

 

Purpose of issuance of FARD

 

FARD can be obtained for different purposes, like

 

1.             If you have purchased any land/ property, the mutation of which has been incorporated in Revenue Record (either on the basis of Oral Sale Mutation or on the basis of Registered Sale Deed), now you want to get a  written proof, which shows your ownership  rights in revenue record,  you can  get copy of FARD / Naqal Register Haqdaran e Zamin from Patwari concerned or Arazi Record Centre.

 

2.             If you want to further sell out your property, you can obtain FARD Braye Bay (FARD for sell).

 

3.             If you want to appoint someone as your General Attorney, you may need to obtain FARD for General Power of Attorney from Patwari or land record Centre.

 

4.             If you want to get install any utility connection i.e electricity, Suit Gas etc, or to stand surety on behalf of any person, you may need to get issue FARD of land.

 

Without FARD, you cannot sell your own property

 

1.   If you are going to sell your property (which you have purchased through Registry + Inteqal or through just Inteqal Bay Zubani (Oral Sale mutation), you must obtain FARD for transferring of property in the name of purchaser. Without obtaining FARD, you would not be able to transfer the property in the name of purchaser. However, if the area has been marked as “Shamil Abadi” and Patwari writes a note in this record, then without issuance of FARD, you can transfer the property in favour of any one.

 

 

 

 

 

 

 

 

 


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