THE REGISTRATION ACT 1908
(Act XVI of 1908)
C O N T E N T S
Section Heading
Preamble.
Part I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
Part II
Of the Registration Establishment
3. Inspector-General of Registration.
4. [Repealed.]
5. Districts and sub-districts.
6. Registrars and Sub-Registrars.
7. Offices of Registrar and Sub-Registrar.
8. Inspectors of Registration offices.
9. [Repealed.]
10. Absence of Registrar or vacancy in his office.
11. Absence of Registrar on duty in his district.
12. Absence of Sub-Registrar or vacancy in his office.
13. Report to Government of appointments under Sections 10, 11 and 12.
14. Establishments of registering officers.
15. Seal of registering officers.
16. Register-books and fire-proof boxes.
Part III
Of Registrable Documents
17. Documents of which registration is compulsory.
18. Documents of which registration is optional.
19. Documents in language not understood by registering officer.
20. Documents containing interlineations, blanks, erasures or alterations.
21. Description of property and maps or plans.
22. Description of houses and land by reference to Government maps or surveys.
Part IV
Of the Time of Presentation
23. Time for presenting documents.
23A. Registration of certain documents.
24. Documents executed by several persons at different times.
25. Provision where delay in presentation is unavoidable.
26. Documents executed out of
27. Wills may be presented or deposited at any time.
Part V
Of the Place of Registration
28. Place for registering documents relating to land.
29. Place for registering other documents.
30. Registration by Registrars in certain cases.
31. Registration or acceptance for deposit at private residence.
Part VI
Of Presenting Documents
for Registration
32. Persons to present documents for registration.
33. Powers-of-attorney recognizable for purposes of Section 32.
34. Enquiry before registration by registering officer.
35. Procedure on admission and denial of execution respectively.
Part VII
Of Enforcing the Appearance
of Executants and Witnesses
36. Procedure where appearance of executant or witness is
desired.
37. Officer or Court to issue and cause service of summons.
38. Persons exempt from appearance at registration office.
39. Law as to summonses, commissions and witnesses.
Part VIII
Of Presenting Wills and
Authorities to Adopt
40. Persons entitled to present wills and authorities to adopt.
41. Registration of wills and authorities to adopt.
Part IX
Deposit and Disposal of Wills
42. Deposit of Wills.
43. Procedure on deposit of Wills.
44. Withdrawal of sealed cover deposited under Section 42.
45. Proceedings on death of depositor.
46. Saving of certain enactments and powers of Courts.
46A. Destruction of Wills.
Part X
Of the Effects of Registration
and Non-Registration
47. Time from which registered document operates.
48. Registered documents relating to property when to take effect against oral agreements.
49. Effect of non-Registration of documents required to be
registered.
50. Certain registered documents relating to land to take effect against unregistered documents.
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.
52. Duties of registering officers when document presented.
53. Entries to be numbered consecutively.
54. Current indexes and entries therein.
55. Indexes to be made by registering officers, and their contents.
56. [Repealed.]
57. Registering Officers to allow inspection of certain Books and indexes and to give certified copies of entries.
(B) As to the Procedure on
Admitting to Registration
58. Particulars to be endorsed on documents admitted to
registration.
59. Endorsements to be dated and signed by registering officer.
60. Certificate of registration.
61. Endorsements and certificate to be copied and document returned.
62. Procedure on presenting document in language unknown to registering officer.
63. Power to administer oaths and records of substance of
statements.
(C) Special Duties of Sub-Registrar
64. Procedure where document relates to land in several
sub-districts.
65. Procedure where document relates to land in several districts.
(D) Special Duties of Registrar
66. Procedure after registration of documents relating to land.
67. Procedure after registration under Section 30, Sub-section
(2).
(E) Of the Controlling Powers
of Registrars and Inspectors-General
68. Power of Registrars to superintend and control
Sub-Registrars.
69. Power of Inspector-General to superintend registration. officers and make rules
70. Power of Inspector-General to remit fines.
Part XI-A
Of the copying of documents
by means of photography
70-A. Application of this part.
70-B. Definitions.
70-C. Appointment of Photo-Registrars.
70-D. Documents may be photographed in areas notified by
Government.
70-E. Application of Act to areas notified under Section 70-D.
70-F.
Part XII
Of Refusal to Register
71. Reasons for refusal to register to be recorded.
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution.
73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.
74. Procedure of Registrar on such application.
75. Order by Registrar to register and procedure thereon.
76. Order of refusal by Registrar.
77. Suit in case of order of refusal by Registrar.
Part XIII
Of the Fees for Registration,
Searches and Copies
78. Fees to be fixed by Government.
79. Publication of fees.
80. Fees payable on presentation.
Part XIV
Of Penalties
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure
82. Penalty for making false statements, delivering false copies or translation, false personation and abetment.
83. Registering officer may commence prosecutions.
84. Registering officers to be deemed public servants.
Part XV
Miscellaneous
85. Destruction of unclaimed documents.
86. Registering officer not liable for thing bona fide done or refused in his official capacity.
87. Nothing so done invalidated by defect in appointment or procedure.
88. Registration of documents executed by Government Officers or certain public functionaries.
89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.
Exemptions From Act
90. Exemption of certain documents executed by or in favour of Government.
91. Inspection and copies of such documents.
92. [Repealed.]
93. [Repealed.]
The Schedule
[Repealed.]
[1]THE REGISTRATION
ACT, 1908
(XVI of 1908)
[18th December 1908]
An Act to consolidate the
enactments relating to the
registration of documents.
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 [2][* * *] Registration Act, 1908.
[3][(2) It extends to whole of the
(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, [4][* * *] 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:
[5][(2a) “co-operative society” means a co-operative society registered under the Cooperative Societies Act, 1912[6], 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 [7][Lahore 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:
[8][(5a) “Government” means Government of the
[9][(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:
[10][(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:
[11][(9) “movable property” means property of every description, except
immovable property:]
(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 [12][Government]
shall appoint an officer to be the Inspector-General of Registration for [13][the
Provided that the [14][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
[15][Government] appoints in this
behalf.
(2) Any
Inspector-General may hold simultaneously any other office [16][in the service of the State].
4. [17][* * * * * * * * * * * * *]
5. Districts
and sub-districts.– (1)
For the purposes of this Act, the [18][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 [19][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 [20][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.
[21][* * * * * * * * * * *]
7. Offices of
Registrars and Sub-Registrars.–
(1) The [22][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
[23][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 [24][Government] may also appoint
officers, to be called inspectors of Registration-offices, and may prescribe
the duties of such officers.
[25][* * * * * * * * * * * *]
(2) Every
such Inspector shall be subordinate to the Inspector-General.
9. [26][* * * * * * * * * * * *]
10. Absence of
Registrar or vacancy in his office.– (1)
When any Registrar, [27][* * *] 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 [28][Government] fills up the
vacancy.
[29][* * * * * * * * * * *]
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 Sections. 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 [30][the vacancy is filled up].
13. Report to [31][Government]
of appointments under Sections 10, 11 and 12.– (1) [32][* * *] All
appointments made under Section 10, Section 11 or Section 12 shall be reported
to the [33][Government]
by the Inspector-General.
(2) Such
report shall be either special or general as the [34][Government] directs.
[35][* * * * * * * * * * *]
14. Establishments
of registering officers.– [36][* * *]
(2) The
[37][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 [38][Government] directs:-
“The seal of the Registrar (or of the Sub-Registrar) of___________.”
16. Register-books
and fire-proof boxes.– (1)
The [39][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 [40][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
[41][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 Indian Registration Act,
1866[42], or the Indian Registration Act,
1871[43] or the Indian Registration Act,
1877[44], 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;
[45][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 [46][(other than the acknowledgement
of a receipt or payment made in respect of any transaction to which an
instrument registered under [47][clause (b)] 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
[48][(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 [49][Government]
may, by order published in the [50][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, limiting
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 [51][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 [52][the Federal
Government or the Provincial Government]; 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 [53][* * *] the Land Improvement Loans Act, 1883[54]; or
[55][(x) Any order granting a loan under the [56][Punjab Agriculturists’ Loans Act
1958] the Agricultural Development Bank Ordinance, 1961[57], 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 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 [58][* * *]; or
(xii) any certificate of sale granted to the
purchaser of any property sold by public auction by a Civil or Revenue officer [59][; or]
[60][(xiii) any counterpart of a lease, where the lease corresponding thereto
has itself been registered.]
[61][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.
[62][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. Documents
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 inter-lineation, blank,
erasure or alteration appears, unless the persons executing the document attest
with their signatures or initials such inter-lineation, blank, erasure 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 inter-lineation,
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 [63][Government], practicable to
describe houses, not being houses in towns, and lands by reference to a
Government map or survey, the [64][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 is 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.
[65][23A. 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 re-registered 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 or 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 [66][the Punjab] 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 [67][Pakistan].–
When a document purporting to have been executed by all or any of the
parties out of [68][Pakistan]
is not presented for registration till after the expiration of the time
hereinbefore prescribed in that behalf, the registering officer, if satisfied–
(a) that
the instrument was so executed; and
(b) that
it has been presented for registration within four months after its arrival in [69][
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.– [70][(1)] [71][Every] document mentioned in
Section 17, sub-section (1), clauses (a), (b), (c) [72][,(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.
[73][(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 [74][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 [75][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 [76][Government]
at which all the persons claiming under the decree or order desire the copy to
be registered.
[77][30. Registration by Registrars in certain cases.– Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.]
31. Registration
or acceptance for deposit at private residence.– [78][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 documents for registration.–
Except in the cases mentioned in [79][* * *] section 89, every
document to be registered under this Act, whether such registration be
compulsory or optional, shall be presented [80][* * *],–
(a) by some person executing or claiming under the
same, or, in the case of a copy of 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
powers-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 [81][the
(b) if
the principal at the time aforesaid resides in any other part of [82][the Punjab or
(c) if the principal at the time aforesaid does
not reside in [83][Pakistan],
power-of-attorney executed before and authenticated by a Notary Public, or any
Court, Judge, Magistrate, [84][Pakistan]
Consul or Vice-Consul, or representative of [85][* * *] the [86][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 or 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 to 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 persons 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 of a 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 admits 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:
[87][Provided
further that the [88][Government]
may, by notification in the [89][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 [90][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.
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
[91][Deposit
and Disposal of Wills]
42. Deposit of
Wills.– [92][(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.
[93][(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 [94][and then deliver the deposited
will to the nominee of the testator or his representative].
[95][(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 (this 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 [96][294 of the Succession Act,
1925], [97][* * *] 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.
[98][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 or 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 [99][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[100], shall take effect against any
mortgage-deed subsequently executed and registered which relates to the same
property.]
[101][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), [102][and every
document registrable 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 [103][:]
[104][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[105], 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].
(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 1864 or the Indian Registration Act, 1866[106], 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 Indian Registration Act, 1871[107], or the Indian Registration Act
1877[108], 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
Book 4, “Miscellaneous Register”.
B–In the
offices of Registrars–
Book 5, “Register of deposits of
wills”.
(2) In
book 1 shall be entered 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 [109][* * *] 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.
[110][(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[111], 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. III 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 21 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.
[112][(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[113], 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 references to the index of
portion prepared as aforesaid.]
56. [114][* * * * * * * * * * * *]
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.
(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 endorsements 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.– (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 [115][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 [116][* * *];
(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 [117][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.
[118][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. Definition.–
For the purposes
of this Part “Photo-Registrar”, means a Photo-Registrar appointed under this
Part.
70-C. Appointment
of Photo-Registrars.– 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 [119][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 [120][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 [121][* * *] Urdu [122][* * *] 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 Section 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 sewn 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 61 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 [123][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 situate 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
made 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 to register and procedure thereon: (1) If the
Registrar finds that the document has been executed and that the said requirements
have been complied with, he shall 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 (V
of 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 or section 72.
77. Suit in case of order of refusal by Registrar.– (1) 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 [124][:]
[125][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 basis of the
unregistered document.]
(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.
Part XIII
Of the
Fees for Registration, Searches and Copies
78. Fees to be
fixed by [126][Government].– [127][* * *] The [128][Government] shall prepare a
table of fees payable–
(a) for
the registration of documents [129][not exceeding one percent. of
the value of property conveyed];
(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 [130][Government] necessary to effect
the purpose of this Act [131][:]
[132][Provided that the [133][Government] may, by notification in the official Gazette, exempt from payment of fees, either in whole or in part, any instrument executed by or in favour of a banking company in the normal course of its banking business.
Explanation. For the purpose of this section, “banking company” shall have the same meaning as in the Banking Tribunals Ordinance, 1984.]
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, 1860 (XLV of 1860), 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, [134][* * *] 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, 1860 (XLV of 1860).
(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, 1860 (XLV of 1860), 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.– [135][(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.
[136][(2) Any defect in or the want of authority of a person to present a
document shall not by 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, [137][* * *] or
for any Official Trustee or Official Assignee, or for the [138][* * *],
Receiver or 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 is 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, [139][* * *]
Receiver or 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 (XIX
of 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 (V of 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) [140][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 Indian
Registration Act, 1877[141], or in the
Indian Registration Act, 1871[142], 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
[143][(e) * * * * * * * * * * * *]
(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 [144][Government] prescribed in this
behalf, all documents and maps mentioned in Section 90, [145][clauses (a), (b) and (c),] 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. [146][* * * * * * * * * * * * *]
93. [147][* * * * * * * * * * * * *]
The
Schedule
[148][* * * * * * * * *]
[1]For
Statement of Objects and Reasons, see Gazette of India, 1908, Pt. V, p.325,
for Report of Select Committee, see ibid., 1908, Pt. V, p.387; and for
Proceedings in Council, see ibid., 1908, Pt. VI, pp.148, 154 and 182.
This Act was declared to be in
force in Balochistan by s.3 of the British Balochistan Laws Regulation, 1913
(II of 1913).
It was extended to the Leased
Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3
of 1950); and applied in the Federated Areas of Balochistan, see Gazette
of India, 1937, Pt.I, p1499.
It has been extended to the
Balochistan States Union by the Balochistan States Union (Federal Laws)
(Extension) Order, 1953 (G.G.O. 4 of 1953), as amended.
It was extended to the
The Act has been and shall be
deemed to have been brought into force in Gwadur with effect from the 8th
September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960
(XXXVII of 1960), s.2.
It was
amended in the
It has also been applied to
Phulera in the excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.W.F.P., and has been extended to the Excluded Area of Upper
Tanawal other than Phulera by the N-W.F.P. (Upper Tanawal) (Excluded Area) Laws
Regulation, 1950 and declared to be in force in that area with effect from the
1st June, 1951, see N.W.F.P. Gazette Ext., dated the 1st
June, 1951.
This Act was originally in the Federal ambit, however,
the subject on which this law was enacted, has devolved to the provinces by
virtue of 18th Amendment in the Constitution, hence it was adapted,
with amendments, for the province of the Punjab by the Registration (Amendment) Act 2011 (XIX of 2011).
[2]The word “Indian” omitted by
Adaptation Order, 1949.
[3]Substituted
by the Registration (Amendment) Act 2011 (XIX of 2011).
[4]The words, comma and brackets “and, in the case of a
native of [
[5]Clause (2a) inserted by the Registration Act
(Amendment) Ordinance, 1961 (XXXII of 1961), s.2.
[6]II of 1912.
[7]Substituted for the words “the High Court” by the
Registration (Amendment) Act 2011 (XIX of 2011).
[8]Inserted ibid.
[9]Substituted by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), s.2, for the original clause.
[10]Ibid.
[11]Ibid.
[12]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[13]Ibid, for the
words “territories subject to such Government”.
[14]Ibid, for the words
“Provincial Government”.
[15]Ibid.
[16]Substituted by Adaptation Order, 1961, Art.2 and
Schedule (with effect from 23rd March 1956), for “under the
Crown” which had been substituted by Adaptation Order 1937, for “under
Government”.
[17]Section 4. “Branch Inspector-General of Sindh” repealed by the Adaptation Order, 1937.
[18]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[19]Substituted by Adaptation Order, 1937, for “local
official Gazette”.
[20]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[21]The proviso to s.6, was inserted
by the Decentralization Act, 1914 (IV of 1914), s.2, Schedule Pt. I, and was
omitted by Adaptation Order, 1937.
[22]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[23]Ibid.
[24]Ibid.
[25]The proviso to sub-section (1) of s.8 was inserted by
the Indian Registration (Bombay Amendment) Act, 1929 (Bombay V of 1929), s. 2,
and was omitted by the Adaptation Order, 1937.
[26]Section 9. “Military Cantonments
may be declared sub-districts or districts” repealed by Repealing and Amending
Act, 1927 (X of 1927), s.3 and Second Schedule.
[27]The words “other than the Registrar
of a district including a Presidency-town” omitted by Adaptation Order, 1949.
[28]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[29]Omitted by the
Adaptation Order, 1949.
[30]Substituted by the Decentralization Act, 1914 (IV of
1914), s.2 and Schedule, Pt. I, for “the Local Government fills up the
vacancy”.
[31]Substituted for the words
“Provincial Government” by the Registration (Amendment) Act 2011 (XIX of 2011).
[32]The words “All appoints made by
the Inspector-General under section 6 and”, were inserted by the
Decentralization Act, 1914 (IV of 1914) and were omitted by Adaptation Order,
1937.
[33]Substituted for the words
“Provincial Government” by the Registration (Amendment) Act 2011 (XIX of 2011).
[35]Sub-section (3)
relating to the suspension, removal, dismissal and remuneration of persons
appointed under the Act was omitted by Adaptation Order, 1937.
[37]Substituted for the words “Provincial
Government” by the Registration (Amendment) Act 2011 (XIX of 2011).
[39]Ibid.
[40]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[41]Ibid.
[42]XX of 1866.
[43]VIII of 1871.
[44]III of 1877.
[45]Explanation
added by the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.3.
[46]Inserted ibid.
[47]Substituted for “clause (a)” by the Registration
(Amendment) Act 2011 (XIX of 2011).
[48]Clause (e) inserted by the Transfer of Property
(Amendment) Supplementary Act, 1929 (XXI of 1929), s.10.
[49]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[50]Substituted for “local official Gazette” by the
Adaptation Order 1937.
[51]Substituted by the Transfer of Property (Amendment)
Supplementary Act, 1929 (XXI of 1929), s.10, for “and any award”.
[52]Substituted for the words “the Government” by the
Registration (Amendment) Act 2011 (XIX of 2011).
[53]The words “the Land Improvement Act, 1871, or”, omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981),
s.3 and Second Schedule
[55]Substituted by the Registration
Act (Amendment) Ordinance, 1961 (XXXII of 1961), s.3, for the original clause.
[56]Substituted for the words “West Pakistan
Agriculturists’ Act, 1958” by the Registration (Amendment) Act 2011 (XIX of 2011).
[58]The words “when the receipt does not purport to
extinguish the mortgage” omitted by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), s.3.
[61]Explanation
inserted by the Indian Registration (Amendment) Act, 1927 (II of 1927), s.2.
[62]Substituted by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), s.4.
[63]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[64]Ibid.
[65]Inserted by the Indian Registration (Amendment) Act,
1917 (XV of 1917), section 2.
[66]Substituted for the word “
[67]Substituted by the Central Laws (Statute Reforms)
Ordinance, 1960 (XXI of 1960), s.3 and 2nd Schedule, (with effect
from the 14th October, 1955), for “the Provinces and the Capital
of Federation” which had been substituted by Adaptation Order, 1949, for “
[68]Ibid.
[69]Substituted by the Central Laws (Statute Reforms)
Ordinance, 1960 (XXI of 1960), s.3 and 2nd Schedule, (with effect
from the 14th October, 1955), for “the Provinces and the Capital
of Federation” which had been substituted by Adaptation Order, 1949, for “
[70]Renumbered by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), s.4.
[71]Substituted for the words “Save as in this Part
otherwise provided, every” by the Registration (Amendment) Act 2011 (XIX of
2011)
[72]The original words “and (d) and section 18, clauses (a),
(b) and (c)” have successively been amended by the Indian
Registration (Amendment) Act, 1940 (XXXIII of 1940), s.3 and the Registration
(Amendment) Ordinance, 1962 (XLV of 1962), s.5, to read as above.
[73]Sub-section (2) added by the Registration (Amendment)
Ordinance, 1962 (XLV of 1962), s.5.
[74]Substituted by the Repealing and
Amending Act, 1940 (XXXII of 1940), s.3 and Second Schedule, for “other than a
document referred to in section 28, and a copy of a decree or order”.
[75]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[76]Ibid.
[77]Section 30 substituted ibid.
[78]Substituted by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), ss. 6 and 7, for “In Ordinary cases the registration or
deposit of documents under this Act, shall”.
[79]The words and figures “section 31 and” omitted ibid.,
s.8.
[80]The words “at the proper registration-office” omitted, ibid.
[81]Substituted for the word “
[82]Ibid.
[83]Substituted by the Central Laws (Statute Reforms)
Ordinance, 1960 (XXI of 1960), s.3 and 2nd Schedule, (with effect
from the 14th October, 1955), for “the Provinces and the Capital
of Federation” which had been substituted by Adaptation Order, 1949, for “
[84]Substituted by Adaptation Order,
1961, Art.2 and Schedule For “British” (with effect from the 23rd
March, 1956).
[85]The words “His Majesty or of” omitted ibid., (with
effect from the 23rd March, 1956).
[86]Substituted by Federal Adaptation
Order, 1975, Art.2 and Table, for “Central Government”, which was substituted
by Adaptation Order, 1937, for “Government of India”.
[87]Proviso inserted by the Indian Registration (Amendment)
Act, 1926 (XIII of 1926), s.2.
[88]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[89]Substituted by Adaptation Order 1937, for “local
official Gazette”.
[90]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[91]Substituted by the Registration
(Amendment) Ordinance, 1962 (XLV of 1962), s.9, for “Of the Deposit of Wills”.
[92]Re-numbered, ibid., s.10.
[93]Sub-section (2) added ibid.
[94]Added by the Registration (Amendment) Ordinance, 1962
(XLV of 1962), s.11.
[95]Substituted ibid, for the original sub-section (2).
[96]Substituted by the Federal Laws (Revision and
Declaration) Ordinance, 1981, (XXVII of 1981), s.3 and Second Schedule, for
“259 of the Indian Succession Act, 1865”.
[97]The words “of section 81 of the
Probate and Administration Act, 1881,” omitted ibid., s.2 and Second
Schedule
[98]Section 46A, inserted by the Registration (Amendment)
Ordinance, 1962 (XLV of 1962), s.12.
[99]Inserted by the Transfer of Property (Amendment)
Supplementary Act, 1929 (XXI of 1929), s.10.
[100]IV of 1882.
[101]Substituted by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), s.13.
[102]Substituted ibid, s.14, for “and clauses (a)
and (b) of section 18”.
[103]Substituted by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), for the full-stop.
[104]Provisos added, ibid.
[105]IV of 1882.
[106]XX of 1866.
[107]VIII of 1871.
[108]III of 1877.
[109]The words and brackets “clauses (d) and (f)”
omitted by the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.15.
[110]Sub-section (5) added ibid.
[111]I of 1872.
[112]Sub-section (7) added by the Registration (Amendment)
Ordinance, 1962 (XLV of 1962), s.16.
[113]I of 1872.
[114]Section 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 Indian Registration (Amendment) Act, 1929 (XV of 1929), s. 2.
[115]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[116]The words “and also for the destruction of such books,
papers and documents as need no longer be kept” omitted by the Destruction of
Records Act, 1917 (V of 1917), s. 6 and Schedule.
[117]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[118]Part XIA inserted by the Registration (Amendment)
Ordinance, 1962 (XLV of 1962), s.17.
[119]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[120]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[121]The words “Bengali in the case of the
[122]The words “in the case of the
[123]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[124]Substituted by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), S.18, for full-stop.
[125]Proviso added ibid.
[126]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[127]The words “Subject to the control of the G.G. in C.”
omitted by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and First Schedule.
[128]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[129]Added by the Finance Act,
1999 (IV of 1999)
[130]Substituted for the words “Provincial Government” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[131]Substituted by the Financial
Services (Amendment of Laws) Ordinance, 1984 (LVII of 1984), s.2 and Schedule.
[132]Added ibid.
[133]Substituted for the words “Federal Government” by the
Registration (Amendment) Act 2011 (XIX of 2011).
[134]The words “the Branch Inspector General of Sindh”
omitted by Adaptation Order, 1937.
[135]Renumbered by the Registration (Amendment) Ordinance,
1962 (XLV of 1962), s.19.
[136]Sub-section (2) added ibid.
[137]The words “or for the
Administrator-General of
[138]The word “Sheriff” omitted by Adaptation Order, 1949.
[139]Ibid.
[140]Substituted by the Registration Act (Amendment)
Ordinance, 1961 (XXXII of 1961), s.4, for “Every officer granting a loan under
the Agriculturists, Loans Act, 1884 (XIV of 1884)”.
[141]III of 1877.
[142]VIII of 1871.
[143]Clause (e) omitted by the Registration (Amendment) Act
2011 (XIX of 2011).
[144]Substituted ibid, for the
words “Provincial Government”.
[145]Ibid, for the
words, brackets, commas and letters “clauses (a), (b), (c) and (e)”.
[146]Section 92. “Burmese registration rules confirmed” repealed
by the Adaptation Order, 1937.
[147]Section 93. “Repeals” repealed by
Repealing Act, 1938 (I of 1938), s.2 and Schedule.
[148]The Schedule “Repeal of Enactments” repealed ibid.