Gifting property to a relative
The legal and tax steps for a gift (hiba) of property.
When this applies
You want to transfer a house, plot or flat to a relative without payment.
Time limits, fees and sections
| Item | Rule | Section |
|---|---|---|
| Income tax | Gift from a relative is not income | ITO s.39(1)(la), s.85(5) |
| Registration | Compulsory for immovable property; within 4 months of signing | Registration Act 1908 s.17, s.23 |
| Form | Signed by the donor, attested by two witnesses | Transfer of Property Act s.123 |
Step-by-step procedure
The section of law behind each step is shown beside it.
- 1Check title—
Fard or title documents, no encumbrances.
- 2Draft the gift deedTPA s.123
Parties, relationship, property and handover of possession.
- 3Stamp dutyStamp Act 1899
E-stamp in the donee's name on the official valuation.
- 4RegisterRegistration Act s.17
At the Sub-Registrar within 4 months.
- 5Mutation or transferLand Revenue Act s.42
Revenue record or society transfer.
- 6Wealth statementsITO s.116
Both people update their statements.
Documents to prepare
- CNICs of both
- Title documents
- Gift deed
- E-stamp paper
- Relationship proof (FRC)
Practical tips
- Gifts from non-relatives are taxed at fair market value as income from other sources
