Registration Act, 1908
Preamble
An Act to consolidate the
enactments relating to
the Registration of documents
Preamble: Whereas it is expedient to consolidate the enactments relating to the registration of documents:
It is hereby enacted as follows: -
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PART I -- PRELIMINARY
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1. Short title, extent and
commencement:--- (1)
This Act may be called the Registration Act, 1908.
(2) It
extends to the whole of Pakistan
(3) It shall one
into force on the first day of January, 1909.
2. Definitions:--- In this Act, unless there is
anything repugnant in the subject or context,---
(1)
addition means the place of residence, and the profession, trade, rank and the
title (if any) of a person described, and his father's name, or where he is
usually described as the son of his mother then his mother's name ;
(2)
'book' includes a portion of a book and also any number of sheets connected
together with a view of forming a book or portion of a book. ;
[(2-a) 'co-operative society' means
a co-operative society registered under the Cooperative Societies Act, 1912 (II
of 1912), or under any other law for the time being in force relating to the
registration of co-operative societies;]
(3)
'district' and 'sub-district' respectively mean a district and sub-district
formed under this Act;
(4)
'District Court' includes the High Court in its ordinary original civil jurisdiction;
(5)
'endorsement' and 'endorsed' include and apply to an entry in writing by a
registering officer on a rider or covering slip to any document tendered for
registration under this Act;
(6)
'immovable property' includes land, buildings, benefits to arise out of land,
things attached to the earth, or permanently fastened to anything attached to
the earth, hereditary allowances, rights to ways, lights, ferries and fisheries
but does not include-
(a)
standing timber, growing crops or grass whether immediate severance thereof is
intended or not;
(b)
fruit upon and juice in trees whether in existence or to grow in future ; and
(c)
machinery embedded in or attached to the earth, when dealt with apart from the
land ;
(7) 'lease'
includes a counterpart, kabuliyat and an undertaking to cultivate or occupy ;
(8)
'minor' means a person who, according to the personal law to which he is
subject, has not attained majority ;
(9)
'movable property' means property of every description, except immovable
property ; and
(10)
'representative' includes the guardian of a minor and the committee or other
legal curator of a lunatic or idiot.
3. Inspector-General of Registration:--- (1) The Provincial Government shall
appoint an officer to be the Inspector-General of Registration for the
territories subject to such Government:
Provided that the Provincial Government may,
instead of making such appointment, direct that all or any of the powers and
duties hereinafter conferred and imposed upon the Inspector-General shall be
exercised and performed by such officer or officers, and within such local
limits, as the Provincial Government appoints in this behalf.
(2)
Any Inspector-General may hold simultaneously any other office in the service
of the State.
4. Branch Inspector-General of Sindh:--- [Repealed by the A.O.,
1937.]
5. Districts and sub-districts:--- (1) For the purposes of this Act,
the Provincial Government shall form districts and sub-districts, and shall
prescribe, and may alter, the limits of such districts and sub-districts.
(2) The
district and sub-districts formed under this section, together with the limits
thereof, and every alteration, of such limits, shall be notified in the
official Gazette.
(3)
Every such alteration shall take effect on such day after the date of the
notification as is therein mentioned.
6. Registrars and Sub-Registrars:--- The Provincial Government may
appoint such persons, whether public officers or not, as it thinks proper, to
be Registrars of the several districts, and to be Sub-Registrars of the several
sub-districts, formed as aforesaid, respectively.
7. Offices of Registrar and
Sub-Registrar:--- (1)
The Provincial Government shall establish in every district an office to be
styled the office of the Registrar and in every sub-district an office or
offices to be styled the office of the Sub-Registrar of the offices of the
Joint Sub-Registrars.
(2)
The Provincial Government may amalgamate with any office of a Registrar any
office of a Sub-Registrar subordinate to such Registrar, and may authorize any
Sub-Registrar whose office has been so amalgamated to exercise and perform, in
addition to his own powers and duties, all or any of the powers and duties of
the Registrar to whom he is subordinate:
Provided that no such authorization shall enable
a Sub-Registrar to hear an appeal against an order passed by himself under this
Act.
8. Inspectors of Registration
offices:--- (1)
The Provincial Government may also appoint officers, to be called inspectors of
Registration-offices, and may prescribe the duties of such officers.
(2)
Every such Inspector
shall be subordinate to the Inspector-General.
9. Military Cantonments may be
declared sub-districts or districts:--- [Repealed by Act, X of 1927, Section 3 and Schedule II.]
10. Absence of Registrar or vacancy
in his office:--- (1)
When any Registrar is absent otherwise than on duty in his district, or when
his office is temporarily vacant, any person whom the Inspector-General
appoints in this behalf, or, in default of such appointment, the Judge of the
District Court within the local limits of whose jurisdiction the Registrar's
office is situate, shall be the Registrar during such absence or until the
Provincial Government fills up the vacancy.
(2)
[Omitted by the A.O., 1949.]
11. Absence of Registrar on duty in
his district:--- When
any Registrar is absent from his office on duty in his district, he may appoint
any Sub-Registrar or other person in his district to perform, during such
absence, all the duties of a Registrar except those mentioned in Sees. 68 and
72.
12. Absence of Sub-Registrar or
vacancy in his office:--- When
any Sub-Registrar is absent, or when his office is temporarily vacant, any
person whom the Registrar of the district appoints in this behalf shall be
Sub-Registrar during such absence, or until the vacancy is filled up.
13. Report to Provincial Government
of appointments under Sections 10, 11 and 12:--- (1) All appointments made under Section 10, Section 11 or
Section 12 shall be reported to the Provincial Government by the
Inspector-General.
(2)
Such report shall be either special or general as the Provincial Government
directs.
14. Establishments of registering
officers:--- [Sub-section (1) omitted.]
(2) The
Provincial Government may allow proper establishments for the several offices
under this Act.
15. Seal of registering officers:--- The several Registrars and
Sub-Registrars shall use a seal bearing the following inscription in English
and in such other language as the Provincial Government direct:-'The seal of
the Registrar (or of the Sub-Registrar) of.'
16. Register-books and fire-proof
boxes:--- (1)
The Provincial Government shall provide for the office of every registering officer
the books necessary for the purposes of this Act.
(2) The
books so provided shall contain the forms from time to time prescribed by the
Inspector-General with the sanction of the Provincial Government, and the pages
of such books shall be consecutively numbered in print, and the number of pages
in each book shall be certified on the title-page by the officer by whom such
books are issued.
(3)
The Provincial Government shall supply the office of every Registrar with a
fire-proof box, and shall in each district make suitable provision for the safe
custody of the records connected with the registration of documents in such
district.
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PART III -- OF REGISTRABLE
DOCUMENTS
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17. Documents of which registration
is compulsory:--- (1)
The following documents shall be registered[1][,
through an advocate] if the property to which they relate is situate in a
district in which, and if they have been executed on or after the date on which
Act No. XVI of 1864, or the Registration Act, 1886, or the Registration Act,
1871 or the Registration Act, 1877, or this Act came or comes into force,
namely:---
(a)
instruments of gift of immovable property;
(b) other
non-testamentary instruments which purport or operate to create declare,
assign, limit or extinguish, whether in present or in future, any right, title
or interest, whether vested or contingent of the value of one hundred rupees
and upwards, to or in immovable property;
Explanation: In the case of an
assignment of a mortgage the consideration for the deed of assignment shall be
deemed to be the value for Registration;
(c)
non-testamentary instruments (other than the acknowledgement of a receipt or
payment made in respect of any transaction to which an instrument registered
under clause (a) relates) which acknowledge the receipt or payment of any
consideration on account of the creation, declaration, assignment, limitation
or extinction of any such right, title or interest;
(d)
leases of immovable property from year to year,
or for any term exceeding one year, or reserving a yearly rent; and
(e) non-testamentary
instruments transferring or assigning any decree or order of a Court or any
award when such decree or order or award purports or operates to create,
declare, assign, limit or extinguish, whether in present or in future, any
right, title or interest, whether vested or contingent, of the value of one
hundred rupees and upwards, to or in immovable property:
Provided that the
Provincial Government may, by order published in the official Gazette, exempt
from the operation of this sub-section any leases executed in any district, or
part of a district, the terms granted by which do not exceed five years and the
annual rents reserved by which do not exceed fifty rupees.
(2)
Nothing in clauses (b) and (c) of sub-section (1) applies to-
(i)
any composition deed; or
(ii)
any instrument relating to shares in a Joint Stock Company, notwithstanding
that the assets of such Company consist in whole or in part of immovable
property; or
(iii) any
debenture issued by any such Company and not creating, declaring, assigning,
limiting, or extinguishing any right, title or interest, to or in immovable
property except in so far as it entitles the holder to the security afforded by
a registered instrument whereby the Company has mortgaged, conveyed or
otherwise transferred the whole or part of its immovable property or any
interest therein to trustees upon trust for the benefit of the holders of such
debentures; or
(iv)
any endorsement upon or transfer of any debenture issued by any such Company;
or
(v) any
document not itself creating, declaring, assigning, limit or extinguishing any
right, title or interest of the value of one hundred rupees and upwards to or
in immovable property, but merely creating a right to obtain another document
which will, when executed, create, declare, assign, limit or extinguish any
such right, title or interest; or
(vi)
any decree or order of a Court except a decree or order expressed to be made on
a compromise and comprising immovable property other than that which is the
subject-matter of the suit or proceeding ; or
(vii)
any grant of immovable property by the Crown; or
(viii)
any instrument of partition made by a Revenue-officer ; or
(ix)
any order granting a loan or instrument of collateral security granted under
the Land Improvement Loans Act, 1883 ; or
(x) Any
order granting a loan under the [West Pakistan Agriculturists Act, 1958 (Act
XVII of 1958)] the Agricultural Development Bank Ordinance, 1961 (Ordinance IV
of 1961), or under any other law for the time being in force relating to the
advancement of loans for agricultural purpose, or any instrument under which a
loan is granted by a cooperative society for any such purpose, or any
instrument, or any instrument made for securing the repayment of a loan so
granted ; or
(xi) any
endorsement on a mortgage deed acknowledging the payment of the whole or any
part of the mortgage money, and any other receipt for payment of money due
under a mortgage; or
(xii)
any certificate of sale granted to the purchaser of any property sold by public
auction by a Civil or Revenue officer, or
(xiii)
any counterpart of a lease, where the lease corresponding thereto has itself
been registered.
Explanation: A document purporting or operating to effect a contract for the
sale of immovable property shall not be deemed to require or ever to have
required registration by reason only of the fact that such document contains a
recital of the payment of any earnest-money or of the whole or any part of the
purchase-money.
(3) Authorities to adopt a son, executed after
the first day of January, 1872, and not conferred by a will, shall also be
registered.
Court Decisions
Contract for sale--Contract for sale would not require its compulsory
registration because it was a document which, by itself, would not create a
title, but it was a document creating a right to obtain another document, i.e.,
sale-deed in favour of person in whose favour contract was executed. 2004 C
L C 318
Partition of property by way of family arrangements by means
of agreement-Not compulsorily registerable-principles. 2004 S C M R 126
18. Documents of which registration
is optional:--- Any
document not required to be registered under Section 17 may also be registered[2][,
through an advocate] under this Act.
Court Decisions
Transfer of property Act (IV of
1882), S. 41-Agreement to sell, non-registration of – Effect-Such agreement
could neither subsequent vendee on guard nor notice thereof could be taken by a
third person. PLD 2003 SC 494
19. Document in language not
understood by registering officer:--- If
any document duly presented for registration be in a language which the
registering officer does not understand, and which is not, commonly used in the
district, he shall refuse to register the document, unless it be accompanied by
a true translation into a language commonly used in the district and also by a
true copy.
20. Documents containing
interlineations blanks, erasures, or alterations:--- (1) The registering officer may in
his discretion refuse to accept for registration any document in which any
interlinesation, blank, erasure or alteration appears, unless the persons
executing the document attest with their signatures or initials such
interlineation, blank, ersure or alteration.
(2) If a
registering officer registers any such document, he shall, at the time of
registering the same make a note in the register of such interlineation, blank,
erasure or alteration.
21. Description of property and maps
or plans:--- (1)
No non-testamentary document relating to immovable property shall be accepted
for registration unless it contains a description of such property sufficient
to identify the same.
(2)
Houses in towns shall be described as situate on the north or other side of the
street or road (which should be specified) to which they front, and by their
existing and former occupancies, and by their numbers if the houses in such
street or road are numbered.
(3)
Other houses and lands shall be described by their name, if any, and as being
in the territorial division in which they are situate, and by their superficial
contents, the roads and other properties on which they abut, and their existing
occupancies, and also whenever it is practicable, by reference to a Government
map or survey.
(4) No
non-testamentary document containing a map or plan of any property comprised
therein shall be accepted for registration unless it is accompanied by a true
copy of the map or, plan, or, in case such property is situate in several
districts, by such number of true copies of the map or plan as are equal to the
number of such districts.
22. Description of houses and land
by reference to Government maps or surveys:--- (1) Where it is, in the opinion of the Provincial
Government, practicable to describe houses, not being houses in towns, and
lands by reference to a Government map or survey, the Provincial Government
may, by rule made under this Act, require that such houses and lands as
aforesaid shall, for the purposes of Sec. 21, be so described.
(2) Save as
otherwise provided by any rule made under sub-section (1), failure to comply
with the provisions of Section 21, sub-section (2) or sub-section (3), shall
not disentitle a document to be registered if the description of the property
to which it relates in sufficient to identify that property.
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PART IV -- OF THE TIME OF
PRESENTATION
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23. Time for presenting documents:--- Subject to the provisions contained in Sections 24, 25 and 26,
no document other than a will shall be accepted for registration unless
presented for that purpose to the proper officer within four months from the
date of its execution:
Provided that a copy of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final.
23. A. Registration of certain
documents:--- Notwithstanding
anything to the contrary contained in this Act, if in any case a document
requiring registration has been accepted for registration by a Registrar or
Sub-Registrar from a person not duly empowered to present the same, and has
been registered, any person claiming under such document may, within four
months from his first becoming aware that the registration of such document is
invalid, present such document or cause the same to be presented, in accordance
with the Provisions of Part VI for re-registration in the office of the
Registrar of the district in which the document was originally registered ; and
upon the Registrar being satisfied that the document was so accepted for
registration from a person not duly empowered to present the same, he shall
proceed to the re-registration of the document as if it had not been previously
registered, and as if such presentation for re-registration was a presentation
for registration made within the time allowed therefor under Part IV, and all
the provisions of this Act, as to registration of documents, shall apply to
such re-registration ; and such document, if duly reregistered in accordance
with the provisions of this section, shall be deemed to have been duly
registered for all purposes from the date of its original registration :
Provided that, within three months from the
twelfth day of September, 1917, any person claiming under a document to which
this section applies may present the same of cause the same to be presented for
re-registration in accordance with this section, whatever may have been the
time when he first became aware that the registration of the document was
invalid.]
24. Documents executed by several
persons at different times:--- Where
there are several persons executing a document at different times, such
document may be presented for registration and re-registration within four
months* from the date of each execution.
25. Provision where delay in
presentation is unavoidable:--- (1)
If, owing to urgent necessity or unavoidable accident, any document executed,
or copy of a decree or order made, in Pakistan is not presented for
registration till after the expiration of the time hereinbefore prescribed in
that behalf, the Registrar, in cases where the delay in presentation does not
exceed four months, may direct that, on payment of a fine not exceeding ten
times the amount of the proper registration fee, such document shall be
accepted for registration.
(2) Any
application for such direction may be lodged with a Sub-Registrar, who shall
forthwith forward it to the Registrar to whom he is subordinate.
26. Documents executed out of the
Provinces, etc.:--- When
a document purporting to have been executed by all or any of the parties out of
Pakistan is not presented for registration till after the expiration of the
time hereinbefore prescribed in that behalf, the registration officer, ii
satisfied-
(a)
that the instrument was so executed ; and
(b)
that it has been presented for registration within four months after its
arrival in Pakistan
27. Wills may be presented or
deposited at any time:--- A
will may at any time be presented for registration or deposited in manner
hereinafter provided.
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PART V --- OF THE PLACE OF
REGISTRATION
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28. Place for registering documents
relating to land:--- (1)
Save as in this Part otherwise provided, every document mentioned in Section
17, sub-section (1), clauses (a), (b), (c), (d) and (e), Section 17,
sub-section (2), and Section 18, in so far as such document affects immovable
property, shall be presented for registration in the office of a Sub-Registrar
within whose sub-district the whole or some portion of the property to which
such document relates is situate.
(2)
Notwithstanding anything contained in sub-section (1), -
(a)
after a document is registered, no party thereto shall be entitled to question
the validity of its registration on the ground that the property which purported
to give jurisdiction to the Sub-Registrar to register it either did not exist
or was fictitious or insignificant or was not intended to be conveyed ; and
(b)
a document the registration of which is secured by the inclusion of a
non-existent, fictitious, or insignificant portion or item shall not in any
manner affect the rights of a person who was not a part thereto and acquired
rights in the property without notice of the transaction to which such document
relates.
29. Place for registering other documents:--- (1) Every document not being a
document referred to in Section 28 or a copy of decree or order, may be
presented for registration either in the office of the Sub-Registrar in whose
sub-district the document was executed, or in the office of any other
Sub-Registrar under the Provincial Government at which all the persons
executing and claiming under the document desire the same to be registered.
(2) A
copy of a decree or order may be presented for registration in the office of
the Sub-Registrar in whose sub-district the original decree or order was made,
or, where the decree or order does not affect immovable property, in the office
of any other Sub-Registrar under the Provincial Government at which all the
persons claiming under the decree or order desire the copy to be registered.
30. Registration by Registrars in
certain cases:--- (1)
Any Registrar may in his discretion receive and register any document which
might be registered by any Sub-Registrar subordinate o him.
(2)
Notwithstanding anything contained in Section 28 any Registrar may receive and
register any document without regard to the situation in any part of Pakistan
of the property to which the document relates if he is satisfied that there is
sufficient cause for doing so.
31. Registration or acceptance for
deposit at private residence:--- The
presentation, registration or deposit of documents under this Act shall
ordinarily be made only at the office of the officer authorized to accept the
same for registration or deposit:
Provided that such officer may on special cause being shown attend at the
residence of any person desiring to present a document for registration or to
deposit a will, and accept for registration or deposit such document or will.
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PART VI --- OF PRESENTING
DOCUMENTS FOR REGISTRATION
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32. Persons to present document for
registration:--- Except
in the cases mentioned in Section 89, every document to be registered under
this Act, whether such registration be compulsory or optional, shall be
presented, -
(a)
by some person executing or claiming under the Same, or, in the case of a cop;
if a decree or order, claiming under the decree or order ; or
(b) by
the representative or assign of such person ; or
(c)
by the agent of such person, representative or assign, duly authorised by
power-of-attorney executed and authenticated in manner hereinafter mentioned.
33. Powers-of-attorney recognizable
for purposes of Section 32:--- (1)
For the purposes of Section 32, the following power-of-attorney shall alone be
recognised, namely:-
(a)
if the principal at the time of executing the power-of-attorney resides in any
part of Pakistan in which this Act is for the time being in force, a
power-of-attorney executed before and authenticated by the Registrar or
Sub-Registrar within whose district or sub-district the principal resides ;
(b)
if the principal at the time aforesaid
resides in any other part of Pakistan
(c)
if the principal at the time aforesaid
does not reside in Pakistan ,
power-of-attorney executed before and authenticated by a Notary Public or any
Court, Judge, Magistrate, Pakistan
Counsal or Vice-Consul, or representative of the Federal Government:
Provided that the following persons shall not be required to
attend at any registration-officer or Court for the purpose of executing any
such power-of-attorney as is mentioned in clauses (a) and (b) of this section,
namely: -
(i)
persons who by reason of bodily infirmity are unable without risk or serious
inconvenience so to attend ;
(ii)
persons who are in jail under civil or criminal process ; and
(iii)
persons exempt by law from personal appearance in Court.
(2) In
the case of every such person the Registrar or Sub-Registrar of Magistrate, as
the case may be, if satisfied that the power-of-attorney has been voluntarily
executed by the person purporting to be the principal, may attest the same
without requiring his personal attendance at the officer or Court aforesaid.
(3) To
obtain evidence as to the voluntary nature of the execution, the Registrar of
Sub-Registrar or Magistrate may either himself go to the house of the
person/purporting to be the principal, or the jail in which he is confined, and
examine him, or issue a commission for his examination.
(4) Any
power-of-attorney mentioned in this section may be proved by the production of
it without further proof when it purports on the face it to have been executed
before an authenticated by the person or Court hereinbefore mentioned in that
behalf.
34. Enquiry before registration by
registering officer:--- (1)
Subject to the provisions contained in this Part and in Sections 41, 43, 45,
69, 75, 77, 88 and 89, no document shall be registered under this Act, unless
the person executing such document, or their representatives, assigns or agents
authorized as aforesaid, appear before the registering officer within the time
allowed for presentation under Sections 23, 24, 25 and 26:
Provided that, if owing to urgent necessity or
unavoidable accident all such persons do not so appear, the Registrar in cases
where the delay in appearing does not exceed four months, may direct that on
payment fine not exceeding ten times the amount of the proper registration-fee,
in addition to the fine, if any, payable under Section 25, the document may be
registered.
(2)
Appearances under sub-section (1) may be simultaneous or at different times.
(3)
The registering officer shall thereupon-
(a)
enquire whether or not such document was executed by the persons by whom it
purports to have been executed ;
(b)
satisfy himself as to the identity of the
persons appearing before him and alleging that they have executed the document;
and
(c)
in the case of any person appearing as a representative, assign or agent,
satisfy himself of the right of such person so to appear.
(4)
Any application for a direction under the
proviso to sub-section (1) may be lodged with the Sub-Registrar, who shall
forthwith forward it to the Registrar to whom he is subordinate.
(5)
Nothing in this section applies to copies of decrees or orders.
35. Procedure on admission and
denial of execution respectively:--- (1)(a)
If all the persons executing the document appear personally before the
registering officer and are personally known to him, or if he be otherwise
satisfied that they are the persons they represent themselves to be, and if
they all admit the execution of the document ; or
(b)
if in the case of any person appearing by a representative, assign or agent,
such representative, assign or agent admit the execution ; or
(c)
if the person executing the document is dead, and his representative or assign
appears before the registering officer and admits the execution;
the registering officer
shall register the document as directed in Sections 58 to 61, inclusive.
(2)
The registering officer may, in order to satisfy himself that the persons
appearing before him are the persons they represent themselves to be; or for
any other purpose contemplated by this Act, examine any one present in his
office.
(3)
(a) If any person by whom the document purports to be executed denies its
execution ; or
(b)
if any such person appears to the registering officer to be a minor, an idiot
or a lunatic ; or
(c)
if any person by whom the document purports to be executed is dead, and his
representative or assign denies its execution;
the registering officer shall refuse to register
the document as to the person so denying appearing or dead :
Provided that, where such officer is a
Registrar, he shall follow the procedure prescribed in Part XII:
Provided further that the Provincial Government
may, by notification in the official Gazette, declare that any Sub-Registrar
named in the notification shall, in respect or documents the execution of which
is denied, be deemed to be a Registrar for the purposes of this sub-section and
of Part XII.
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PART VII -- OF ENFORCING THE
APPEARANCE OF EXECUTANTS AND WITNESSES
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36. Procedure where appearance of
executant or witness is desired:--- If
any person presenting any document for registration or claiming under any
document which is capable of being so presented, desires the appearance of any
person whose presence or testimony is necessary for the registration of such
document, the registering officer may, in his discretion, call upon such
officer or Court as the Provincial Government directs in this behalf to issue a
summons requiring him to appear at the registration-office, either in person or
by duly authorised agent, as in the summons may be mentioned, and at a time
named therein.
37. Officer or Court to issue and
cause service of summons:--- The
officer or Court, upon receipt of the peon's fee payable in such cases, shall
issue the summons accordingly, and cause it to be served upon the person whose
appearance is so required.
38. Person exempt from appearance at
registration office:--- (1)
(a) A person who by reason of bodily infirmity is unable without risk or
serious inconvenience to appear at the registration-office, or
(b) a
person in jail under civil or criminal process, or
(c)
persons exempt by law from personal appearance in Court, and who would but for
the provision next hereinafter contained be required to appear in person at the
registration office, shall not be required so to appear.
(2)
In the case of every such person the registering officer shall either himself
go to the house of such person, or to the jail in which he is confined, and
examine him or issue a commission for his examination.
39. Law as to summonses, commissions
and witnesses:--- The
law in force for the time being as to summonses, commissions and compelling the
attendance of witnesses, and for their remuneration in suits before Civil
Courts, shall save as aforesaid and mutatis mutandis, apply to any summons or
commission issued and any person summoned to appear under the provisions of
this Act.
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PART VIII -- OF PRESENTING WILLS
AND AUTHORITIES TO ADOPT
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40. Persons entitled to present
wills and authorities to adopt:--- (1)
The testator, or after his death any person claiming as executor or otherwise
under a will may present it to any Registrar or Sub-Registrar for registration.
(2)
The donor, or after his death the donee, of any authority to adopt, or the
adoptive son, may present it to any Registrar or Sub-Registrar for
registration.
41.
Registration of wills and authorities to adopt:--- (1) A will or an authority to adopt,
presented for, registration by the testator or donor, may be registered in the
same manner as any other document.
(2)
A will or authority to adopt presented for registration by any other person
entitled to present it shall be registered if the registering officer is
satisfied-
(a)
that the will or authority was executed by
the testator or donor, as the case may be ;
(b)
that the testator or donor is dead ; and
(c)
that the person presenting the will or authority is, under Section 40, entitled
to present the same.
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PART IX --- DEPOSIT AND DISPOSAL
OF WILLS
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42. Deposit of Wills:--- (1) Any testator may, either
personally or by duly authorised agent, deposit with any Registrar his will in
a sealed cover superscribed with the name of the testator and that of his agent
(if any) and with a statement of the nature of the document.
(2)
The testator shall also endorse on the cover the name and address of the person
to whom the original document shall be delivered after registration thereof,
after his death.
43. Procedure on deposit of Wills:--- (1) On receiving such cover, the
Registrar, if satisfied that the person presenting the same for deposit is the
testator or his agent, shall transcribe in his Register-book No. 5 the
superscription aforesaid, and shall note in the same book and on the said cover
the year, month, day and hour of such presentation and receipt, and the names
of any persons who may testify to the identity of the testator or his agent,
and any legible inscription which may be on the seal of the cover.
(2)
The Registrar shall then place and retain the sealed cover in his fire-proof
box.
44. Withdrawal of sealed cover
deposited under Section 42:--- If
the testator who has deposited such cover wishes to withdraw it, he may apply,
either personally or by duly authorised agent to the Registrar who holds it in
deposit, and such Registrar, if satisfied that the applicant is actually the
testator or his agent, shall deliver the cover accordingly.
45. Proceedings on death of
depositor:--- (1)
If, on the death of a testator who has deposited a sealed cover under Section
42, application be made to the Registrar who holds it in deposit to open the
same, and if the Registrar is satisfied that the testator is dead, he shall, in
the applicant's presence, open the cover, and, at the applicant's expense,
cause the contents thereof to be copied into his Book No. 3 and then deliver
the deposited will to the nominee of the testator or his representative.
(2)
If, in respect of any will deposited, no steps are taken by the testator or
other person under Section 44 of sub-section (1) of (his section, the Registrar
shall follow the procedure hereinafter provided for the disposal of such will or
sealed cover.
46. Saving of certain enactments and
powers of Courts:--- (1)
Nothing hereinbefore contained shall affect the provisions of Section [294 of
the Succession Act, 1925 (XXXIX of 1925)], or the power of any Court by order
to compel the production of any will.
(2)
When any such order is made, the Registrar shall, unless the will has been
already copied under Section 45, open the cover and cause the will to be copied
into his Book No. 3 and make a note on such copy that the original has been
removed into Court in pursuance of the order aforesaid.
46-A.
Destruction of Wills:--- (1)
Any will in deposit, with a Registrar, at the commencement of the Registration
(Amendment) Ordinance, 1962, and any will thereafter deposited may be destroyed
after following the procedure hereinafter provided, if the will is not
registered before such destruction.
(2)
Every registering officer shall on the
first day of July in the year next after commencement of the Registration
(Amendment) Ordinance, 1962, and on the first day of July in every succeeding
third year, send by post a notice to every depositor and his nominee, inquiring
about the depositor's present address and shall enter on the cover and in his
registers any new address supplied in response to such notice.
(3)
If, as a result of such notice or in any
other manner, the Registrar is satisfied that the testator has died, the
Registrar shall, after making an entry in his books as to the death of the
testator and the nature of the information on which he has acted, open the
cover in the presence of a judicial officer (not below the rank of a Civil
Judge a Munsif). He shall thereupon issue a notice to the executor, if any, and
also to such other person or persons deriving any benefit under the will as the
two officers may determine, informing them about the existence of the will and
also that unless steps are taken within a period of six months therefrom for
registration of the will the document shall be liable to be destroyed.
(4)
Notwithstanding the expiry of the period
specified in the notice, until the will is actually destroyed in accordance
with the provisions of the Destruction of Records Act, 1917 (V of 1917), the
registration of the same can be effected, at the request of the person entitled
thereto, on payment of the proper charges.]
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PART X -- OF THE EFFECTS OF
REGISTRATION AND NON-REGISTRATION
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47. Time from which registered
document operates:--- A
registered document shall operate from the time from which it would have
commenced to operate if no registration thereof had been required or made, and
not from the time of its registration.
48 Registered documents relating to
property when to take effect against oral agreements:--- All non-testamentary documents duly
registered under this Act, and relating to any property, whether movable or
immovable, shall take effect against any oral agreement or declaration relating
to such property, unless where the agreement or declaration has been
accompanied or followed by delivery of possession and the same constitutes a
valid transfer under any law for the time being in force:
Provided that a mortgage
by deposit of title-deeds as defined in Section 58 of the Transfer of Property
Act, 1882, shall take effect against any mortgage-deed subsequently executed
and registered which relates to the same property.
49. Effect of non-Registration of
documents required to be registered:--- No
document required to be registered under this Act or under any earlier law
providing for or relating to registration of documents shall-
(a)
operate to create, declare, assign, limit or extinguish, whether in present or
in future, any right, title or interest, whether vested or contingent, to or in
immovable property, or
(b)
confer any power to adopt, unless it has been registered.
Court Decisions
Agreement to sell, non-registration
of – Such agreement could neither subsequent vendee on guard
nor notice thereof could be taken by a third person. PLD 2003 SC 494
50.
Certain registered documents relating to land to fake effect against
unregistered documents:--- (1)
Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of
Section 17, sub-section (1) and every document remittable under Section 18, in so far as such
document effects immovable property or acknowledges the receipt or 'payment of
any consideration in respect of any transaction relating to, immovable property
shall, if duly registered, take effect as regards the property comprised
therein, against every unregistered document relating to the same property, and
not being a decree or order, whether such unregistered document be of the same
nature as the registered document or not :
Provided that the person in possession of the property under an unregistered
document prior in date, would be entitled to the rights under Section 53-A of
the Transfer of Property Act, 1882 (IV of 1882), if the conditions of that
Section are fulfilled:
Provided further that the person in whose favour an unregistered document is executed
shall be entitled to enforce the contract under the unregistered document in a
suit for specific performance against a person claiming under a subsequent
registered document, subject to the provisions of clause (b) of Section 27 of
the Specific Relief Act, 1877 (1 of 1877).
(2)
Nothing in sub-section (1) applies to leases exempted under the proviso to
sub-section (1) of Section 17, or to any document mentioned in sub-section (2)
of the same section, or to any registered document which had not priority under
the law in force at the commencement of this Act.
Explanation:
In cases where Act, XVI of 1866, or the Registration Act, 1866, was in force in
the place and at the time in and at which such unregistered document was
executed, 'unregistered' means not registered according to such Act, and, where
the document is executed after the first day of July, 1871, not registered
under the Registration Act, 1871, or the Registration Act 1877, or this Act.
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(A) As to the Register-books and
Indexes
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51. Register-books to be kept in the
several offices:--- (1)
The following books, shall be kept in the several offices hereinafter named,
namely: -
A. -In all registration offices-
Book
1, 'Register of non-testamentary documents
relating to immovable property.'
Book
2, 'Record of reasons for refusal to
register';
Book
3, 'Register of wills and authorities
to adopt'; and
Book 4, 'Miscellaneous
Register'.
B. -In the offices of Registrar-
Book 5. 'Register
of deposits of wills. '-
(2)- In book 1 shall be enforced or filed all documents or memoranda registered under Sections 17, 18 and 89 which relate to immovable property, and are not wills.
(3) In
Book 4 shall be entered all documents registered under Section 18 which do not
relate to immovable property.
(4)
Nothing in this section shall be deemed to require more than one set of books
where the office of Registrar has been amalgamated with the office of a
Sub-Registrar.
(5)
If, in the opinion of the Registrar, any of the books mentioned in sub-section
(1) is in danger of being destroyed or becoming illegible wholly or partially,
the Registrar may, by a written order, direct such book or portion thereof as
he thinks fit, to be recopied and authenticated in such manner as may be
prescribed by rules, and the copy prepared and authenticated under such
direction shall, for all purposes of this Act and of the Evidence Act, 1872 (1
of 1872), be deemed to be the original book or portion and all references in
this Act to the original book shall be deemed to be to the book or portion so
recopied and authenticated.
52. Duties of registering officers
when document presented:--- (1)
(a)
The day, hour and place of presentation and the signature of every person
presenting a document for registration, shall be endorsed on every such
document at the time of presenting it;
(b)
a receipt for such document shall be given by the registering officer to the
person presenting the same ; and
(c)
subject to the provisions contained in Section 62, every document admitted to
registration shall without unnecessary delay be copied in the book appropriated
therefore according to the order of its admission.
(2) All such
books shall be authenticated at such intervals and in such manner as is from
time to time prescribed by the Inspector-General.
53. Entries to be numbered
consecutively:--- All
entries in each book shall be numbered in a consecutive series which shall
commence and terminate with the year a fresh series being commenced at the
beginning of each year.
54. Current indexes and entries
therein:--- In
every office in which any of the books hereinbefore mentioned are kept, there
shall be prepared current indexes of contents of such books;
and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of the document to which it relates.
55. Indexes to be made by
registering officers, and their contents:--- (1) Four such indexes shall be made in all
registration-offices, and shall be named, respectively, Index No. I, Index No.
II, Index No. Ill and Index No. IV.
(2) Index
No. I shall contain the names and additions of all persons executing and of all
persons claiming under every document entered or memorandum filed in Book No.
1.
(3) Index
No. II shall contain such particulars mentioned in Section 1 relating to every
such document and memorandum as the Inspector-General from time to time directs
in that behalf.
(4) Index
No. Ill shall contain the names and additions of all persons executing every
will and authority entered in Book No. 3, and of the executors and persons
respectively appointed thereunder, and after the death of the testator or the
donor (but not before) the names and additions of all persons claiming under
the same.
(5) Index
No. IV shall contain the names and additions of all persons executing and of
all persons claiming under every document entered in Book No. 4.
(6) Each
index shall contain such other particulars, and shall be prepared in such form,
as the Inspector-General from time to time directs.
(7) If, in the opinion
of the Registrar, any of the indexes mentioned in sub-section (1) is in danger
of being destroyed or becoming illegible wholly or partially, the Registrar
may, by a written order, direct such index or portion thereof as he thinks fit,
to be recopied in such manner as may be prescribed by rules, and any copy so
prepared shall, for the purposes of this Act and of the Evidence Act, 1872 (I
of 1872), be deemed to be the original index or portion and all references in
this Act to the original index or portion shall be deemed to be reference to
the index of portion prepared as aforesaid.
56. Copy of entries in Indexes Nos.
I, II and III to be sent by the Sub-Registrar to Register and filed:--- [Repealed by the Registration
(Amendment) Act, XV of 1919, Section 2.]
57.
Registering Officers to allow inspection of certain Books and indexes, and to
give certified copies of entries:--- (1)
Subject to the previous payment of the fees payable in that behalf the Books
Nos. 1 and 2 and the Index relating to Book No. 1 shall be at all times open to
inspection by any person applying to inspect the same; and, subject to the
provisions of Section 62, copies of entries in such books shall be given to all
persons applying for such copies.
(2) Subject
to the same provisions, copies of entries in Book No. 3 and in the Index
relating thereto shall be given to the persons executing the documents to which
such entries relate, or to their agents, and after the death of the executants
(but not before) to any person applying for such copies.
(3) Subject
to the same provisions, copies of entries in Book No. 4, and in the Index
relating thereto shall be given to any person executing or claiming under the
documents to which such entries respectively refer, or to his agent or
representative.
(4) The
requisite search under this section for entries in Books Nos. 3 and 4 shall be
made only by the registering officer.
(5) All copies given under this section shall be signed and
sealed by the registering officer, and shall be admissible for the purpose of
proving the contents of the original documents.
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(B) As to the Procedure on
admitting to Registration.
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58. Particulars to be endorsed on
documents admitted to registration:--- (1)
On every document admitted to registration, other than a copy of a decree or
order, or a copy sent to a registering officer under Section 89, there shall be
endorsed from time to time the following particulars, namely:---
(a)
the signature and addition of every person
admitting the execution of the document, and, if such execution has been
admitted by the representative, assign or agent of any person, the signature
and addition of such representative, assign or agent ;
(b)
the signature and addition or every person
examined in reference to such document under any of the provisions of this Act
; and
(c)
any payment of money or delivery of goods made
in the presence of the registering officer in reference to the execution of the
document, and any admission of receipt of consideration, in whole or in part,
made in his presence in reference to such execution.
(2) If any
person admitting the execution of a document refuses to endorse the same, the
registering officer shall nevertheless register it, but shall at the same time
endorse a note of such refusal.
59. Endorsements to be dated and
signed by registering officer:--- The
registering officer shall affix the date and his signature to all enforcements
made under Sections 52 and 58, relating to the same document and made in his
presence on the same day.
60. Certificate of registration:--- (1) After such of the provisions of
Sections 34, 35, 58 and 59 as apply to any document presented for registration
have been complied with the registering officer shall endorse thereon a
certificate containing the word 'registered', together with the number and page
of the book in which the document has been copied.
(2) Such
certificate shall be signed, sealed and dated by the registering officer, and
shall then be admissible for the purpose of proving that the document has been
duly registered in manner provided by this Act, and that the facts mentioned in
the endorsements referred to in Section 59, have occurred as therein mentioned.
Court Decisions
Certificate of Registration-Execution
of a registered or unregistered document should be proved in case of specific
denial of execution of document-Certificate endorsed on a document by
Registering officer was a relevant piece of evidence for proving execution of
document but it would not be decisive as to execution in case of a specific
denial and dispute about the execution of document.
Registration of a document in case of dispute about its
execution is neither decisive on the identity of the executant nor precludes
inquiry by the Court on this point and the fact in issue had got to be proved
like any other fact in dispute.
Certificate of Registration is only to show the execution of
the document and presumption beyond that could not be drawn therefrom. PLD
2003 SC 676
Presumption-Only
presumption, which could be drawn from the certificate of endorsement was that
registration proceedings were regular and honestly carried out-If, however, in
the given circumstances of a case, genuineness or bona fides with regard to the
execution of a document were in doubt then the inquiry could be held in this
behalf and no presumption to the effect that such and such document had
actually been executed by a genuine person in all circumstances, could be
drawn.
No legal presumption would arise from the registration of a
document as regards legality of its execution-provision of S. 60, Registration
Act, 1908 provided only that when a certificate containing the word
“registered” was endorsed by the Registering officer on the document, document
was admissible for purpose of proving that same was duly registered in the
manner provided by the Registration Act, 1908 and the facts mentioned in the
endorsement referred to in S. 59 the said Act occurred as mentioned therein. PLD
2003 SC 676
Execution of power of attorney-In
the absence of adequate and strong evidence, presumption in favour of execution
of the power-of-attorney could not be lawfully drawn.
Person who was allegedly authorized to act as attorney on
behalf of the lady and to compromise the suit was neither summoned for evidence
nor called upon to produce the original power of attorney-Lady was statedly
identified to the Sub-Registrar by Sarbrah Lambardar, who was known to the
Registrar was also not produced at the trial to prove execution of the document
whereas the scribe of the document though summoned, was not produced in the
witness-box-Marginal witness though examined at the trial of the suit, denied
his signature on any power of attorney or the execution of such document in his
presence-Legitimate inference thus would be that the other party was fully
conscious of the fact that he was legally obliged to prove the execution of
power of attorney, irrespective of its registration but he failed to establish
that fact-In the absence of execution of a power of attorney by the lady,
signatures on the compromise application culminating in a consent decree would
appear to be farce-High Court, therefore, was perfectly justified in drawing an
inference that the lady was illegally deprived of valuable right to property by
wrongful means, which could not be permitted at law-Supreme Court declined
interference in circumstances. PLD 2003 SC 676
61. Endorsements and certificate to
be copied and document returned:--- (1)
The endorsements and certificate referred to and mentioned in Sections 59 and
60 shall thereupon be copied into the margin of the Register-Book, and the copy
of the map or plan (if any), mentioned in Section 21 shall be filed in Book No.
1.
(2) The
registration of the document shall thereupon be deemed complete, and the
document shall then be returned to the person who presented the same for
registration, or to such other person (if any) as he has nominated in writing
in that behalf on the receipt mentioned in Section 52.
62. Procedure on presenting document
in language unknown to registering officer:--- (1) When a document is presented for registration under Section
19, the translation shall be transcribed in the register of documents of the
nature of the original, and, together with the copy referred to in Section 19,
shall be filed in the registration office.
(2) The
endorsements and certificate respectively mentioned in Sections 59 and 60 shall
be made on the original, and for the purpose of making the copies and memoranda
required by Sections 57, 64, 65 and 66 the translation shall be treated as if
it were the original.
63. Power to administer oaths and
records of substance of statements:--- (1)
Every registering officer may at his discretion administer an oath to any
person examined by him under the provisions of this Act.
(2) Every
such officer may also at his discretion record a note of the substance of the
statement made by each such person and such statement shall be read over, or
(if made in a language with which such person is not acquainted) interpreted to
him in a language with which the is acquainted, and, if he admit the
correctness of such note, it shall be signed by the registering officer.
(3) Every
such note so signed shall be admissible for the purpose of proving that the
statements therein recorded were made by the persons and under the
circumstances therein stated.
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(C) Special Duties of
Sub-Registrar
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64. Procedure where document relates
to land in several sub-districts:--- (1)
Every Sub-Registrar on registering a non-testamentary document relating to
immovable property not wholly situate in his own sub-district shall make a
memorandum thereof and of the endorsement and a, certificate (if any) thereon
and send the same to every other Sub-Registrar subordinate to the same
Registrar as himself in whose sub-district any part of such property is
situate, and such Sub-Registrar shall file the memorandum in his Book No. 1.
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(D) Special Duties of Registrar
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66.
Procedure after registration of documents relating to land:--- (1) On registering any
non-testamentary document relating to immovable property the Registrar shall
forward a memorandum of such document to each Sub-Registrar subordinate to
himself in whose sub-district any part of the property is situate.
(2) The
Registrar shall also forward a copy of such document, together with a copy of
the map or plan (if any), mentioned in Section 21, to every other Registrar in
whose district any part of such property is situate.
(3) Such
Registrar on receiving any such copy shall file it in his Book No. 1 and shall
also send a memorandum of the copy to each of the Sub-Registrars subordinate to
him within whose sub-district any part of the property is situate.
(4) Every
Sub-Registrar receiving any memorandum under this section shall file it in this
Book No. 1.
67. Procedure after registration
under Section 30, Sub-section (2):--- On
any document being registered under Section 30, sub-section (2) a copy of such
document and of the .endorsement and certificate thereon shall be forwarded to
every Registrar within whose District any part of the property to which the instrument
relates is situate, and the Registrar receiving such copy shall follow the
procedure prescribed for him in Section 66, sub-section (1)
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(E) Of the Controlling Powers of
Registrars and Inspectors-General
|
68. Power of Registrars to
superintend and control Sub-Registrars:--- (1)
Every Sub-Registrar shall perform the duties of his office under the
superintendence and control of the Registrar in whose district the office of
such Sub-Registrar is situate.
(2) Every Registrar
shall have authority to issue (whether on complaint or otherwise) any order
consistent with this Act which he considers necessary in respect of any act or
omission of any Sub-Registrar subordinate to him or in respect of the
rectification of any error regarding the book or the, office in which any
document has been registered.
69. Power of Inspector-General to
superintend registration officers and make rules:--- (1) The Inspector-General shall
exercise a general superintendence over all the registration offices in the territories
under the Provincial Government, and shall have powers from time to time to
make rules consistent with this Act-
(a)
providing for the safe custody of books,
papers and documents ;
(b)
declaring what languages shall be deemed
to be commonly used in each district ;
(c)
declaring what territorial divisions shall
be recognized under Section 21 ;
(d)
regulating the amount of fines imposed under
Sections 25 and 34, respectively ;
(e)
regulating the exercise of the discretion reposed in the registering officer by
Section 63;
(f)
regulating the form in which registering
officers are to make memoranda of documents;
(g)
regulating the authentication by
Registrars and Sub-Registrars of the books kept in their respective offices
under Section 51 ;
(h)
declaring the particulars to be contained in
Indexes Nos. I, II, III and IV, respectively;
(i)
declaring the holidays that shall be observed in the registration offices ; and
(j)
generally, regulating the proceedings of the Registrars and Sub-Registrars.
(2) The rules so made
shall be submitted to the Provincial Government for approval, and after they
have been approved, they shall be published in the official Gazette, and on
publication shall have effect as if enacted in this Act.
70. Power of Inspector-General to
remit fines:--- The
Inspector-General may also, in the exercise of his discretion, remit wholly or
in part the difference between any fine levied under Section 25 or Section 34,
and the amount of the proper registration fee.
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PART XI-A -- OF THE COPYING OF
DOCUMENTS BY MEANS OF PHOTOGRAPHY
|
70-A. Application of this part:--- This part shall apply to such areas
only as are specified in a notification issued under Section 70-D.
70-B. Definitions:--- For the purposes of this Part
'Photo-Registrars' means a Photo-Registrar appointed under this Part.
70-C. Appointment of Photo-Registrar:--- The Provincial Government may
appoint a Registrar or Sub-Registrar or any other person to be a
Photo-Registrar for the performance of duties under this Part:
Provided that the Provincial Government may subject to such restrictions and conditions as it thinks fit, delegate the power of appointing Photo-Registrars to the Inspector-General of Registration.
70-D. Documents may be photographed
in areas notified by Government:--- (1)
The Provincial Government may, by notification in the official Gazette, direct
that in any district or sub-district specified in the notification copies of
documents admitted to registration under this Act shall be made by means of
photography.
(2) on the
issue of such notification it shall be translated into Urdu and shall be
posted in a conspicuous place at the Registration offices affected by the notification.
70-E. Application of Act to areas
notified under Sec. 70-D:--- In
any district or sub-district in respect of which a notification has been issued
under Section 70-D, the provisions of this Act shall, for the purposes of this
Part, be subject to the following modifications, namely: -
(1) (a) Every document
admitted to registration under Section 35 or Section 41 shall on every page –
(i)
be signed in the presence of the registering officer by the person or any one
of the persons presenting the document for registration ; and
(ii)
be carefully marked with an identification
stamp and the serial number of the document.
(b)
It shall be then transmitted by the registering officer, unless he is himself
the Photo-Registrar, to the Photo-Registrar, and the registering officer or the
Photo-Registrar, as the case may be, shall cause each side of each page of such
document together with all stamps, endorsements, seals, signatures,
thumb-impressions and certificates appearing thereon to be photographed without
subtraction or alteration. He may for this purpose cut or untie, without
breaking any seals the thread or ribbon, if any, wherewith the pages of the
document are swen together, in order to separate the pages of the document, and,
as soon as the document has been photographed, he shall, as far as practicable,
exactly rebind the document as before, and if he has cut the thread or ribbon
shall seal it over the joint with his seal:
Provided that the party
presenting the document for registration shall, if he so desires, be allowed to
be present and watch the unbinding, rebinding and sealing of the document:
Provided further that if
the party presenting the document so requests the document shall be returned to
him unbound:
Provided also that
before or after transmission of the document to the Photo-Registrar the party
presenting the document may require the registering officer to have it copied
by hand under Section 52, or if the document has been presented for
registration under Section 19 its translation copied under Section 62 on
payment of an additional copying fee.
(c)
There
shall then be prepared and preserved the negative and at least one Photographic
print and to each such negative and print the Photo-Registrar shall fix his
signature and seal in token of the exact correspondence of the copy to the
original document, as admitted for registration:
Provided that when more
than one such negative is recorded on one length of film and the
Photo-Registrar has affixed his signature and seal at the end of such length of
film certifying in the manner prescribed by rules made in this behalf, the
exact correspondence of all copies on such length of film with the original
documents, the Photo-Registrar shall be deemed to have affixed his signature
and seal to each such negative on such length of film.
(d)
One set of such prints arranged in the order of their serial numbers shall be
made up into books and sewn or bound together. To each such book the Registrar
or Sub-Registrar shall prefix a certificate of the serial numbers it contains,
and the books shall then be preserved in the records of the Sub-Registrar. The
negatives shall be preserved in such suitable place as the Inspector-General
may prescribe.
(2) All
words and expressions used in the act with reference to the making of copies of
documents by hand or the entering or filing of documents or memoranda in books
provided under Section 16 shall so far as may be necessary, be construed as
referring to the making of such copies by means of photography or the entering
or filing of documents or memoranda in books made up of copies prepared by
means of photography.
(3)
Where this Part applies the sections mentioned below shall be deemed to be
modified as follows: -
(a)
In Section 19 the words 'and also by a true copy' shall be omitted ;
(b)
sub-section (4) of Section 21 shall be omitted ;
(c)
the words 'according to the order of its admission' occurring in clause (c) of
sub-section (1) of Section 52 shall be omitted ;
(d) Section
53 shall be omitted ;
(e)
in sub-section (1) of Section 60 the words 'and page' shall be omitted ;
(f)
sub-section (1) of Section 16 shall be omitted ; and
(g) in
sub-section (1). of Section 62,-
(i)
for the word 'transcribed' the word
'copied' shall be substituted ; and
(ii)
for the words and figures 'copy referred to in Section '19' the words
'photograph of the original' shall be substituted.
70-F. The
Inspector-General may, with the previous approval of the Provincial Government,
by notification in the official Gazette, make rules for the purposes of giving
effect to the provisions of this Part.
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PART XII -- OF REFUSAL TO REGISTER
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71. Reasons for refusal to register
to be recorded:--- (1)
Every Sub-registrar refusing to register a document except on the ground that
the property to which it relates is not situated within his sub-district, shall
make an order of refusal and record his reasons for such order in his Book No.
2 and endorse the words 'registration refused' on the document; and, on
application may by any person executing or claiming under the document, shall,
without payment and unnecessary delay, give him a copy of the reasons so
recorded.
(2)
No registering officer shall accept for
registration a document so endorsed unless and until, under the provisions
hereinafter contained, the document is directed to be registered.
72. Appeal to Registrar from orders
of Sub-Registrar refusing registration on ground other than denial of execution:--- (1) Except where the refusal is made
on the ground of denial of execution, an appeal shall lie against an order of a
Sub-Registrar refusing to admit a document to registration (whether the
registration of such document is compulsory or optional) to the Registrar to
whom such Sub-Registrar is subordinate, if presented to such Registrar within
thirty days from the date of the order: and the Registrar may reverse or alter
such order.
(2)
If the order of the Registrar directs the
document to be registered and the document is duly presented for registration
within thirty days after the making of such order, the Sub-Registrar shall obey
the same, and thereupon shall, so far as may be practicable, follow the procedure
prescribed in Sections 58, 59 and 60 ; and such registration shall take effect
as if the document had been registered when it was first duly presented for
registration.
73. Application to Registrar where
Sub-Registrar refuses to register on ground of denial of execution:--- (1) When a Sub-Registrar has refused
to register a document on the ground that any person by whom it purports to be
executed, or his representative or assign, denies its execution, any person
claiming under such document, or his representative, assign or agent authorised
as aforesaid, may, within thirty days after the making of the order of refusal,
apply to the Registrar to whom such Sub-Registrar is subordinate in order to
establish his right to have the document registered.
(2)
Such application shall be in writing and
shall be accompanied by a copy of the reasons recorded under Section 71, and
the statements in the application shall be verified by the applicant in manner
required by law for the verification of plaints.
74. Procedure of Registrar on such
application:--- In
such case, and also where such denial as aforesaid is made before a Registrar
in respect of a document presented for registration to him, the Registrar
shall, as soon as conveniently may be, enquire,---
(a)
whether the document has been executed;
(b) whether the
requirements of the law for the time being in force have been complied with on
the part of the applicant or person presenting the document for registration,
as the case may be, so as to entitle the document to registration.
75. Order by Registrar or register
and procedure thereupon:--- (1)
If the Registrar finds that the document has been executed and that the said
requirements have been complied with, he 'hall order the document to be
registered.
2)
if the document is duly presented
for registration within thirty days after the making of such order, the
registering officer shall obey the same and thereupon shall, so far as may be
practicable, follow the procedure prescribed in Sections 58, 59 and 60.
(3)
Such registration shall take effect as if
the document had been registered when it was first duly presented for
registration.
(4)
The Registrar may, for the purpose of any
enquiry under Section 74, summon and enforce the attendance of witnesses, and
compel them to give evidence, as if he were a Civil Court, and he may also
direct by whom the whole or any part of the costs of any such enquiry shall be
paid, and such costs shall be recoverable as if they had been awarded in a suit
under the Code of Civil Procedure, 1908.
76. Order of refusal by Registrar:--- (1) Every Registrar
refusing,---
(a) to register a
document except on the ground that the property to which it relates is not
situate within his district or that the document ought to be registered in the
office of a Sub-Registrar; or
(b) to direct the registration of a document under Section
72 or Section 75, shall make an order of refusal and record the reasons for
such order in his Book No. 2 and, on application made by any person executing
or claiming under the document, shall, without unnecessary delay, give him a
copy of the reasons so recorded.
(2) No
appeal lies from any order by a Registrar under this section of Section 72.
77. Suit in case of order of refusal
by Registrar:--- Where
the Registrar refuses to order the document to be registered, under Section 72
or Section 76, any person claiming under such document, or his representative,
assign or agent, may, within thirty days after the making of the order of
refusal, institute in the Civil Court, within the local limits of whose
original jurisdiction is situate the office in which the document is sought to
be registered, a suit for a decree directing the document to be registered in
such office if it be duly presented for registration within thirty days after
the passing of such decree.
(2)
The provisions contained in sub-sections
(2) and (3) of Section 75 shall, mutatis mutandis apply to all documents
presented for registration in accordance with any such decree, and,
notwithstanding anything contained in this Act, the document shall be
receivable in evidence in such suit:---
Provided that failure to file a suit or the dismissal of a suit
filed under this section shall not disentitle a party to any other remedy to
which he may be entitled, on the bass of the unregistered document.
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PART XIII – OF THE FEES FOR
REGISTRATION, SEARCHES AND COPIES
|
78. Fees to be fixed by Provincial
Government:--- The
Provincial Government shall prepare a table of fees payable,---
(a)
for the registration of documents;
(b)
for searching the registers;
(c) for
making or granting copies of reasons, entries or documents, before, on or after
registration;
and of extra or additional fees payable,---
(d) for
every registration under Section 30;
(e)
for the issue of commission;
(f)
for filing translations;
(g)
for attending at private residences;
(h) for the
safe custody and return of documents; and
(i) for such other
matters as appear to the Provincial Government necessary to effect the purpose
of this Act.
79. Publication of fees:--- A table of the fees so payable shall
be published in the official Gazette, and a copy thereof in English and the
vernacular language of the district shall be exposed to public view in every
registration office.
80. Fees payable on presentation:--- All fees for the registration of
documents under this Act shall be payable on the presentation of such documents.
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PART XIV --- OF PENALTIES
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81. Penalty for incorrectly
endorsing, copying translating or registering documents with intent to injure:--- Every registering officer appointed
under this Act and every person employed in his office for the purposes of this
Act, who, being charged with the endorsing, copying, translating or registering
of any document presented or deposited under its provisions endorses, copies,
translates or registers such document in a manner which he knows or believes to
be incorrect, intending thereby to cause knowing it to be likely that he may
thereby cause, injury as defined in the Pakistan Penal Code, to any person,
shall be punishable with imprisonment for a term which may extend to seven
years or with fine, or with both.
82. Penalty for making false
statements, delivering false copies or translation, false personation and
abetment:--- Whoever-
(a)
intentionally makes any false statement, whether on oath or not, and whether it
has been recorded or not, before any officer acting in execution of this Act,
in any proceeding or enquiry under this Act; or
(b)
intentionally delivers to a registering
officer, in any proceeding under Section 19 or Section 21, a false copy or
translation of a document, or a false copy of a map or plan ; or
(c)
falsely personates another, and in such assumed character presents any
document, or makes any admission or statement, or causes any summons or
commission to be issued, of does any other act in any proceeding or enquiry
under this Act ; or
(d) abets
anything made punishable by this Act ;
shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
83. Registering officer may commence
prosecution:--- (1)
A prosecution for any offence under this Act coming to the knowledge of a
registering officer in his official capacity may be commenced by or with the
permission of the Inspector-General, the Registrar or the Sub-Registrar, in
whose territories, district or sub-district, as the case may be, the offence
has been committed.
(2) Offences
punishable under this Act shall be, triable by any Court or officer exercising
powers not less then those of a Magistrate of the Second Class.
84. Registering officers to be
deemed public servants:--- (1)
Every registering officer appointed under this Act shall be deemed to be a
public servant within the meaning of the Pakistan Penal Code.
(2)
Every person shall be legally bound to furnish information to such registering
officer when required by him to do so.
(3) In
Section 228 of the Pakistan Penal Code, the words 'judicial proceeding' shall
be deemed to include any proceeding under this Act.
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PART XV --- MISCELLANEOUS
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85. Destruction of unclaimed
documents:--- Documents
(other than wills) remaining unclaimed in any registration office for a period
exceeding two years may be destroyed.
86. Registering officer not liable
for thing 'bona fide' done or refused in his official capacity:--- No registering officer shall be liable
to any suit, claim or demand by reason of anything in good faith done or
refused in his official capacity.
87. Nothing so done invalidated by
defect in appointment or procedure:--- (1)
Nothing done in good faith pursuant to this Act or any Act hereby repealed, by
any registering officer, shall be deemed invalid merely by reason of any defect
in his appointment or procedure.
(2)
Any defect in or the want of authority of a person to present a document shall
not be itself, render invalid the registration of the document or the
transaction effected by it.
88. Registration of documents
executed by Government Officers or certain public functionaries:--- (1) Notwithstanding anything herein
contained, it shall not be necessary for any officer of Government, or
for any Official Trustee or Official Assignee or for the receiver on Registrar
of a High Court, to appear in person or by agent at any registration office in
any proceeding connected with the registration of any instrument executed by
him in his official capacity, or to sign as provided in Section 58.
(2) Where any
instrument so executed, the registering officer, to whom such instrument is
presented for registration may, if. he thinks fit, refer to any Secretary to
Government or to such officer of Government Administrator-General, official
Trustee, official Assignee, Receiver of Registrar, as the case may be,- for
information respecting the same, and, on being satisfied of the executions
thereof, shall register the instrument.
89. Copies of certain orders,
certificates and instruments to be sent to registering officers and filed:--- (1) Every officer granting a loan
under the Land Improvement Loans Act, 1883, shall send a copy of his order to
the registering officer within the local limits of whose jurisdiction the whole
or any part of the land to be improved or of the land, to be granted as
collateral security, is situate, and such registering officer shall file the
copy in his Book No. 1.
(2) Every
Court granting a certificate of sale of immovable property under the Code of
Civil Procedure, 1908 shall send a copy of such certificate to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the immovable property comprised in such certificate is situate and such
officer shall file the copy in his Book No. 1.
(3) Every
officer and every co-operative society granting any such loan as is referred to
in clause (x) of sub-section (2) of Section 17, shall send a copy of any
instrument whereby immovable property is mortgaged for the purpose of securing
the repayment of the loan, and if any such ^property is mortgaged for the same
purpose in the order granting the loan, a copy also of that order to the
registering officer within the local limits of whose jurisdiction the whole or
any part of the property so mortgaged is situate, and such registering officer
shall file the copy or copies, as the case may be, in his Book No. 1.
(4) Every Revenue
Officer granting a certificate of sale to the purchaser of immovable property
sold by public auction shall send a copy of the certificate to the registering
officer within the local limits of whose jurisdiction the whole or any part of
the property comprised in the certificate is situate, and such officer shall
file the copy in his Book No. 1.
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Exemptions from Act
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90. Exemption of certain documents
executed by or in favour of Government:--- (1)
Nothing contained in this Act or in the Registration Act, 1877, or in the
Registration Act, 1871, or in any Act thereby repealed, shall be deemed to
require or to have at any time required, the registration of any of the
following documents or maps, namely: -
(a)
documents issued, received or attested by any officer engaged in making a
settlement or revision of settlement of land-revenue, and which form part of
the records of such settlement ; or
(b)
documents and map, issued, received or authenticated by any officer engaged on
behalf of Government in making or revising the survey of any land, and which
form part of the record of such survey ; or
(c)
documents which, under any law for the time being in force, are filed
periodically in any revenue office by patwaris or other officer charged with
the preparation of village-records ; or
(d)
sanads, inam, title-deeds and other documents purporting to be or to evidence
grants of assignments by Government of land or of any interest in land ; or
(e)
notices given under Section 74 or Section 78 of the Sindh Land Revenue Code,
1879 (Sindh Act, V of 1879)] of relinquishment of occupancy by occupants, or of
alienated land by holders of such land.
(2) All such
documents and maps shall, for the purposes of Sections 48 and 49, be deemed to
have been and to be registered in accordance with the provisions of this Act.
91. Inspection and copies of such
documents:--- Subject
to such rules and the previous payment of such fees as the Provincial
Government prescribed in this behalf, all documents and maps mentioned in
Section 90, clauses (a), (b), (c) and (e) and all registers of the documents
mentioned in clause (d), shall be open to the inspection of any person applying
to inspect the same, and, subject as aforesaid, copies of such documents shall
be given to all persons applying for such copies.
92. Burmese registration rules
confirmed:--- [Repealed
by the A. 0., 1937.]
93. Repeals:--- [Repealed
by Act, I of 1938, Section 2 and Schedule.]
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THE SCHEDULE
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Repeal of Enactments
[Repealed by the Repealing Act, I of 1938, Sec.
2 and Schedule.]
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