The
Registration
Act,1908
(XVI
OF 1908)
[18th
December, 1908]
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: -
PART I
-- PRELIMINARY
1. Short title, extent and
commencement: (1) This Act may be called the Registration Act,
1908.
(2) It
extends to the whole of Pakistan except such Districts or tracts of country as
the Provincial Government may exclude from its operation.
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.
PART II -- OF THE REGISTRATION ESTABLISHMENT
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.
PART III -- OF REGISTRABLE DOCUMENTS
17.
Documents of which registration is compulsory: (1)
The following documents shall be registered, 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 'o[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.
18.
Documents of which registration is optional: Any document not
required to be registered under Section 17 may also be registered under this
Act.
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.
PART IV -- OF THE TIME OF PRESENTATION
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
may,
on payment of the proper registration fee, accept such document for
registration.
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.
PART V
OF THE
PLACE OF REGISTRATION
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.
PART VI
OF
PRESENTING DOCUMENTS FOR REGISTRATION
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 3 - : (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 a power of attorney executed before and authenticated by any
Magistrate.
(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 presentative, 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.
PART VII -- OF ENFORCING THE APPEARANCE OF
EXECUTANTS
AND WITNESSES
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
gent, as in the summons may be mentioned, and at a time named therein.
a
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.
PART VIII
OF
PRESENTING WILLS AND AUTHORITIES TO ADOPT
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.
PART IX
DEPOSIT
AND DISPOSAL OF WILLS
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.]
PART X
OF THE
EFFECTS OF REGISTRATION AND NON-REGISTRATION
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.
(
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.
PART XI
OF THE
DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As
to the Register-books and Indexes
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 Book4, '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 therefor 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 ins 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 43 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.
(B) As
to the Procedure on admitting to Registration.
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.
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.
(C) Special Duties of Sub-Registrar
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.
65.
Procedure where document relates to land in several districts. (1)
Every Sub-Registrar on registering non-testamentary document relating to
immovable property situate in more districts than one shall also forward a copy
thereof and of the endorsement and certificate (if any) thereon, together with
a copy of the map or plan (if any), mentioned in Section 21 to the Registrar of
every district in which any part of such property is situate other than the
district in which his own sub-district is situate.
(2)
The Registrar on receiving the same shall file in his Book No. 1 the copy of
the document and the copy of the map or plan (if any), and shall forward a
memorandum of the document to each of the Sub-Registrars subordinate to him
within whose sub-district any part of such property is situate ; and every
Sub-Registrar receiving such memorandum shall file it in his Book No. 1.
(D)
Special Duties of Registrar
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)
(E) Of
the Controlling Powers of Registrars and Inspectors-General
68.
Power of Registrars to superintend and control Sub-Registrars: (2)
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.
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.
PART XII
OF
REFUSAL TO REGISTER
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.
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.
PART XIV
OF
PENALTIES
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.
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.
PART XV
MISCELLANEOUS
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.
Exemptions
from Act
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.]
THE
SCHEDULE
Repeal of Enactments: [Repealed by the Repealing Act, I of 1938, Sec. 2 and Schedule.]
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