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| 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
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 of property |
Back Side/ Endorsement on Registry of property
 |
| Back Side/ endorsement on Registry of property |
Second Page of Registry
 |
Second Page of Registry of property |
Third/ Fourth pages etc......
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
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
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 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
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.