The Sale Agreement Without Possession is a crucial document in Pakistani property transactions where immediate transfer of possession is not feasible or desired. This type of agreement is commonly used in scenarios such as pre-construction property sales, properties under development, or situations where the seller needs to retain possession for an agreed period after the sale. The document must comply with Pakistani legislation, including the Contract Act 1872, Transfer of Property Act 1882, and relevant Islamic law principles. It typically includes detailed provisions about payment schedules, possession transfer dates, interim property maintenance, and risk allocation. The agreement is particularly important in urban development projects, off-plan property sales, and situations where phased property transfers are necessary. The document provides legal protection to both parties during the interim period between sale and possession transfer, while ensuring compliance with local registration and stamp duty requirements.

1. Parties: Identification and details of the Seller and Purchaser, including their legal capacity to contract

2. Background: Context of the sale, current ownership status, and brief description of the transaction structure

3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, and Possession Date

4. Sale and Purchase: Core agreement to sell and purchase the property, subject to terms and conditions

5. Purchase Price: Agreed purchase price, payment structure, and payment mechanisms

6. Possession Arrangements: Terms regarding delayed possession, agreed possession date, and interim arrangements

7. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal status

8. Purchaser's Representations and Warranties: Purchaser's declarations regarding capacity to purchase and financial ability

9. Completion: Process and requirements for completing the sale transaction

10. Title and Transfer: Provisions regarding transfer of legal title and required documentation

11. Registration and Stamp Duty: Obligations regarding document registration and payment of applicable stamp duties

12. Default and Remedies: Consequences of breach and available remedies to either party

13. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

14. Notices: Process and requirements for serving notices under the agreement