Property documents in Afghanistan: what to check before you pay

The most important question in any property deal is simple: does the person you are paying have the right to sell or rent out this property? This guide explains the main types of ownership documents in Afghanistan and the checks to make before any money changes hands.

Types of ownership documents

Sharia deed

A sharia deed (qabala-e sharia, قباله شرعی) is an ownership document registered through the courts. It is the strongest proof of ownership and the document to look for when you buy.

Customary deed

A customary deed (qabala-e urfi, قباله عرفی) is a written agreement between a buyer and a seller, signed in front of witnesses such as local elders or the wakil-e gozar (the local representative). Many properties change hands this way. It records the deal, but it is weaker proof of ownership and disputes are harder to resolve, so extra checks are needed.

Other papers

Bills and receipts in the owner's name, such as electricity bills or municipal fees, help show the history of a property, but they do not prove ownership on their own.

Checks before you buy

1. See the original deed. A photo or photocopy is not enough. Check that the property it describes matches the one you are buying.
2. Match the names. The name on the deed should match the seller's tazkira (national ID). If someone is selling on the owner's behalf, ask for a written power of attorney (wakalat-nama) and check it too.
3. Ask about heirs. Property is often shared among heirs, and all of them, or their legal representatives, may need to agree to a sale. Disputes between heirs are a common source of problems.
4. Ask about other claims. Ask whether the property is mortgaged, under gharaw, rented out or part of a court case.
5. Talk to the neighbourhood. Neighbours and the wakil-e gozar often know who owns a property and whether there are disputes.
6. Verify with the court. A sharia deed can be checked with the court that registered it. A lawyer can do this for you.
7. Register the transfer. Complete the purchase through the official registration process, so that the new deed is in your name. Keep copies of everything.

Checks before you rent or pay gharaw

You don't need to check as deeply as a buyer, but you should still know who you are dealing with:

• Ask to see the ownership document, or proof that the person is authorised to rent the property out.
• Check that the name matches their tazkira.
• For gharaw, ask specifically whether the property is already under gharaw or mortgaged. See how gharaw works.
• Put the terms in a written agreement signed in front of witnesses, and get a receipt for every payment.

Warning signs

• The seller only has a photo or a copy of the deed, or keeps finding reasons not to show the original.
• The name on the deed doesn't match the seller's ID, and there is no power of attorney.
• You are asked to pay quickly, before you can check anything.
• The price is far below similar homes. The Kabul price report shows what is normal.

More warning signs are listed in how to avoid property scams.

Getting help

A lawyer can check the documents and the registration history for you. Agencies marked as verified on Koor have had their business registration checked by the Koor team; you can browse verified agencies.