How to Gift Property in Pakistan – Step-by-Step Hiba Transfer Guide [2025]

Transfer Your Property the Legal and Tax-Free Way

In Pakistan, transferring property as a gift — known as Hiba — is one of the simplest, fastest, and most cost-effective methods available. Whether you’re planning for your children, spouse, or another family member, understanding the Hiba process is key to protecting your wealth and avoiding disputes later.

This guide shows you how to legally gift property in Pakistan through a Hiba deed—quickly, safely, and tax-efficiently.

Let’s begin.

What Is Hiba or Property Gift Transfer?

Hiba means a voluntary gift under Islamic property law. It allows you to transfer property without selling it, writing a will, or waiting for an inheritance.

A Hiba deed is a legal document that transfers ownership. It allows the donor (the one giving) to gift property to the donee (the one receiving) during their lifetime, without any money involved.

To make a valid Hiba gift transfer in Pakistan, three things must happen:

• Clear intention to gift the property
• Delivery of possession to the donee
• Acceptance by the donee

You’ll also need at least two witnesses to sign the deed.

Let’s compare Hiba with other transfer types:

• A sale involves money and may trigger capital gains tax.
• Inheritance is divided by Islamic law and follows legal shares. (See our Inheritance Transfer Guide for details.)
• A will takes effect after death, but a Hiba gift is immediate.

With a Hiba (gift deed), you can legally and quickly transfer property to your children, spouse, or anyone you trust—no extra taxes, no long delays. It’s a smart way to pass on ownership while you’re still alive.

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When & Why People Transfer Property as a Gift

Many people in Pakistan use gift deeds (Hiba) to transfer property for personal, legal, and tax reasons.

Here’s why:

1. Family-to-Family Property Transfer

Most Hiba deeds happen within families.

For example, a father might gift a house or a plot of land to his son or daughter.

It’s a straightforward way to ensure property is in trusted hands and prevent future disputes.

2. Tax Savings

In Pakistan, gift deeds between blood relatives don’t trigger capital gains tax. That means you can legally transfer property to family without paying extra tax—a smart move if you want to keep things simple and cost-effective.

3. Quick Property Transfer

The gift deed registration process is faster than inheritance or sale. There’s no sale agreement, no waiting for probate, and fewer legal hurdles. That’s why many prefer this method for speedy transfer.

4. To Show Love or Plan Ahead

Parents often gift property to their children as a way to show love and care.

Sometimes, it’s also a way to settle things early and avoid inheritance disputes down the road.

Either way, it’s a thoughtful and heartfelt way to keep the family united.

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Conditions for a Valid Gift Deed in Pakistan

To make a gift deed (Hiba) legal under Pakistani property law and Islamic rules, three things must happen:

• The donor must declare the gift
• The recipient must accept it
• The donor must hand over possession—physically or legally

Once these steps are complete, the gift becomes official and binding.

What Makes a Gift Deed Legal in Pakistan?

To make a Hiba (gift deed) valid under Pakistani law and Islamic rules, three things must happen:

1. Clear Intention to Gift

The donor must openly say they’re giving the property.

Even a simple phrase like “I give you this land” conveys clear intent and makes the gift a tangible reality.

2. Physical or Legal Delivery

The donor must transfer the property, either by giving physical possession or granting legal control.

This step shows the gift is genuine, not just words.

3. Acceptance by the Donee

The donee must accept the gift, either by saying “I accept” or signing the deed.

It must be voluntary and provided at no charge.

Once accepted, the gift becomes legally binding.

Once these three steps—intent, delivery, and acceptance—are complete, the gift is legally binding.

Example: A father says, “This land is yours now.” The son replies, “I accept.” This simple exchange satisfies Islamic and legal rules for a valid gift deed.

Who Can Legally Gift Property in Pakistan?

To make a gift deed valid, both the donor and the donee must meet legal conditions:

Donor (The Giver)

• Must be 18 or older
• Must be mentally sound
• Must have legal ownership and the right to transfer the property

Donee (The Receiver)

• Must be a living person with a sound mind
• Can be a family member or a non-relative
• Must be present or legally represented to accept the gift

If both sides meet these requirements, the property transfer by gift becomes legally binding.

💡 Bonus Tip: If you transfer property through a gift deed between blood relatives—such as from parents to children or siblings—many housing societies and land authorities in Pakistan offer a discounted Transfer Fee and stamp duty.

Example: Family Gift Transfer Made Easy

Let’s say a mother gifts her house to her daughter.

Because they’re close relatives, they benefit from lower stamp duty and a faster Hiba registration process.

It’s an innovative, hassle-free way to keep property in trusted hands.

What Documents Do You Need for a Gift Transfer (Hiba Namah)?

To legally register a property gift (Hiba) in Pakistan, make sure you have:

• Original title deed of the property
• Donors’ and donees’ CNICs
• Affidavit of gift declaration
• Proof of possession transfer
• Stamp paper for the gift deed
• Witnesses (usually two)
• Registration fee and stamp duty receipt

Once these are ready, you can move ahead with the gift deed registration smoothly and legally. Do you need help drafting a sample Hiba deed next?

Must-Have Documents:

• CNICs of both Donor and Donee
• Family Registration Certificate (FRC) to confirm blood relation
• Original title deed, allotment letter, or transfer letter
• Gift Affidavit signed by the Donor, confirming intent
• Acceptance Letter from the Donee, proving they agree to receive the property
• CNICs of two witnesses, along with biometric verification

These documents help:

• Prove the legal relationship between Donor and Donee
• Support gift deed registration in Pakistan
• Avoid future disputes during mutation or transfer

Tip: Keep all documents in their original form, along with photocopies. Some housing societies also require recent photographs and copies of utility bills.

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How to Transfer Property as a Gift (Hiba) — Step-by-Step in Pakistan

Here’s how to transfer property through a gift deed (Hiba) legally and smoothly:

Drafting the Gift Deed on Stamp Paper

The first step in a legal Hiba transfer is drafting the gift deed correctly.

• Write the Hiba deed on legal stamp paper.
• Mention property details, names of Donor and Donee, and two witnesses.
• Obtain signatures from all parties in the presence of witnesses.

Signing the Deed at the Registrar’s or Housing Society Office

Once drafted, the gift deed must be signed and verified in an official setting.

• Visit the Sub-Registrar Office or your housing society’s transfer office.
• Sign the deed in the presence of both witnesses.
• Biometric verification is done here to ensure legal validity.

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Submitting Gift Deed and Required Documents

After signing, you must officially submit the deed with supporting paperwork.

• Fill out the official gift transfer application.
• Attach the gift deed, CNICs, FRC, and witness documents.
• Submit to the relevant authority — Registrar or Housing Society.

Paying Stamp Duty and Transfer Charges

Every gift transfer involves specific government fees or society charges.

• In Islamabad, the CDA charges a flat fee of Rs. 5,000 for gift transfer.
• Private societies may charge partial or complete transfer fees and stamp duty.
• Gifts between blood relatives often get fee waivers, but stamp paper is still required.

Mutation and Land Record Update

The final step is mutation, which legally updates ownership in land records.

• The mutation officer updates the land record.
• The donor’s name is removed, and the Donee’s name is added.
• This update completes the gift deed process in Pakistan.

Gift Transfer Fees And Taxes In Pakistan — What You Must Know

When you GIFT PROPERTY (HIBA) in Pakistan, here’s what you’ll pay — and what you won’t:

• You PAY NO CAPITAL GAINS TAX (CGT) on gifted property.
• You PAY NO ADVANCE TAX or CVT if it’s a gift to BLOOD RELATIVES.
• You MUST STILL PAY STAMP DUTY and REGISTRATION FEES — even if it’s a family gift.
• ALWAYS CHECK with your local TRANSFER OFFICE or HOUSING AUTHORITY for updated charges.

These rates may vary depending on your city, property type, and the relationship between the donor and donee.

Common Gift Scenarios in Pakistan

Recognised under Islamic gift transfer law	Tax & Registration Benefit
Father to Son/Daughter	Often 50% off stamp duty, no CGT
Husband ⇄ Wife	Recognised under Islamic gift transfer law
Brother ⇄ Sister	Recognized under Islamic gift transfer law

 

Key Takeaway

Gifting property through a Hiba deed is one of the most effective, efficient, and tax-friendly ways to transfer ownership in Pakistan, particularly to family members.

You avoid heavy taxes like CGT, CVT, and advance tax, but still need to follow legal steps, complete documents, and pay minimal stamp duty.

Use this guide to protect your gift, save money, and avoid costly mistakes.