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Registration Act, 1908

CONTENTS

Preamble

Preamble

PART I — PRELIMINARY

1. Short title, extent and commencement

2. Definitions

PART II — OF THE REGISTRATION ESTABLISHMENT

3. Inspector-General of Registration

4. Branch Inspector-General of Sindh

5. Districts and sub-districts

6. Registrars and Sub-Registrars

7. Offices of Registrar and Sub-Registrar

8. Inspectors of Registration offices

9. Military Cantonments may be declared sub-districts or districts

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 Provincial 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. Document 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

23.A. 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 the Provinces, etc

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 document for registration

33. Powers-of-attorney recognizable for purposes of Section 3

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. Person 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

46-A. 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 fake 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. Copy of entries in Indexes Nos. I, II and III to be sent by the Sub-Registrar to Register and filed

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

64. Procedure where document relates to land in several sub-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-F.

70-A. Application of this part

70-B. Definitions

70-C. Appointment of Photo-Registrar

70-E. Application of Act to areas notified under Sec. 70-D

70-D. Documents may be photographed in areas notified by Government:

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 or register and procedure thereupon

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 Provincial 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 prosecution

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. Burmese registration rules confirmed

93. Repeals :

THE SCHEDULE

Repeal of Enactments

Preamble

Preamble

An Act to consolidate the

enactments relating to the Registration of documents


Preamble: Whereas it is expedient to consolidate the enactments relating to the registration of documents:


It is hereby enacted as follows: –

PART I — PRELIMINARY

1. Short title, extent and commencement

(1) This Act may be called the Registration Act, 1908.

(2) It extends to the whole of Pakistan except such Districts or tracts of country as the Provincial Government may exclude from its operation.

(3) It shall one into force on the first day of January, 1909.

2. Definitions

In this Act, unless there is anything repugnant in the subject or context, –

(1) addition means the place of residence, and the profession, trade, rank and the title (if any) of a person described, and his father’s name, or where he is usually described as the son of his mother then his mother’s name ;

(2) ‘book’ includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book. ;

[(2-a) ‘co-operative society’ means a co-operative society registered under the Cooperative Societies Act, 1912 (II of 1912), or under any other law for the time being in force relating to the registration of co-operative societies;]

(3) ‘district’ and ‘sub-district’ respectively mean a district and sub-district formed under this Act;

(4) ‘District Court’ includes the High Court in its ordinary original civil jurisdiction;

(5) ‘endorsement’ and ‘endorsed’ include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act;

(6) ‘immovable property’ includes land, buildings, benefits to arise out of land, things attached to the earth, or permanently fastened to anything attached to the earth, hereditary allowances, rights to ways, lights, ferries and fisheries but does not include-

(a) standing timber, growing crops or grass whether immediate severance thereof is intended or not;

(b) fruit upon and juice in trees whether in existence or to grow in future ; and

(c) machinery embedded in or attached to the earth, when dealt with apart from the land ;

(7) ‘lease’ includes a counterpart, kabuliyat and an undertaking to cultivate or occupy ;

(8) ‘minor’ means a person who, according to the personal law to which he is subject, has not attained majority ;

(9) ‘movable property’ means property of every description, except immovable property ; and

(10) ‘representative’ includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.

PART II — OF THE REGISTRATION ESTABLISHMENT

3. Inspector-General of Registration

(1) The Provincial Government shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government:

Provided that the Provincial Government may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the Provincial Government appoints in this behalf.

(2) Any Inspector-General may hold simultaneously any other office in the service of the State.

4. Branch Inspector-General of Sindh

[Repealed by the A.O., 1937.]

5. Districts and sub-districts

(1) For the purposes of this Act, the Provincial Government shall form districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts.

(2) The district and sub-districts formed under this section, together with the limits thereof, and every alteration, of such limits, shall be notified in the official Gazette.

(3) Every such alteration shall take effect on such day after the date of the notification as is therein mentioned.

6. Registrars and Sub-Registrars

The Provincial Government may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively.

7. Offices of Registrar and Sub-Registrar

(1) The Provincial Government shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar of the offices of the Joint Sub-Registrars.

(2) The Provincial Government may amalgamate with any office of a Registrar any office of a Sub-Registrar subordinate to such Registrar, and may authorize any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and duties of the Registrar to whom he is subordinate:

Provided that no such authorization shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act.

8. Inspectors of Registration offices

(1) The Provincial Government may also appoint officers, to be called inspectors of Registration-offices, and may prescribe the duties of such officers.

(2) Every such Inspector shall be subordinate to the Inspector-General.

9. Military Cantonments may be declared sub-districts or districts

[Repealed by Act, X of 1927, Section 3 and Schedule II.]

10. Absence of Registrar or vacancy in his office

(1) When any Registrar is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the Provincial Government fills up the vacancy.

(2) [Omitted by the A.O., 1949.]

11. Absence of Registrar on duty in his district

When any Registrar is absent from his office on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in Sees. 68 and 72.

12. Absence of Sub-Registrar or vacancy in his office

When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until the vacancy is filled up.

13. Report to Provincial Government of appointments under Sections 10, 11 and 12

(1) All appointments made under Section 10, Section 11 or Section 12 shall be reported to the Provincial Government by the Inspector-General.

(2) Such report shall be either special or general as the Provincial Government directs.

14. Establishments of registering officers

[Sub-section (1) omitted.]

(2) The Provincial Government may allow proper, establishments for the several offices under this Act.

15. Seal of registering officers

The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and in such other language as the Provincial Government direct:-‘The seal of the Registrar (or of the Sub-Registrar) of.’

16. Register-books and fire-proof boxes

(1) The Provincial Government shall provide for the office of every registering officer the books necessary for the purposes of this Act.

(2) The books so provided shall contain the forms from time to time prescribed by the Inspector-General with the sanction of the Provincial Government, and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title-page by the officer by whom such books are issued.

(3) The Provincial Government shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district.

PART III — OF REGISTRABLE DOCUMENTS

17. Documents of which registration is compulsory

(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which. Act No. XVI of 1864, or the Registration Act, 1886, or the Registration Act, 1871 or the Registration Act, 1877, or this Act came or comes into force, namely: –

(a) instruments of gift of immovable property ;

(b) other non-testamentary instruments which purport or operate to create declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent of the value of one hundred rupees and upwards, to or in immovable property ;

Explanation: In the case of an assignment of a mortgage the consideration for the deed of assignment shall be deemed to be the value for Registration ;

(c) non-testamentary instruments (other than the acknowledgement of a receipt or payment made in respect of any transaction to which an instrument registered under clause (a) relates) which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest ;

(d) leases of immovable property from year to. year, or for any term exceeding one year, or reserving a yearly rent ; and

(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property :

Provided that the Provincial Government may, by order published in the official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-

(i) any composition deed ; or

(ii) any instrument relating to shares in a Joint Stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property ; or

(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting, or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv) any endorsement upon or transfer of any debenture issued by any such Company ; or

(v) any document not itself creating, declaring, assigning, limit or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

(vi) any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding ; or

(vii) any grant of immovable property by the Crown; or

(viii) any instrument of partition made by a Revenue-officer ; or

(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Loans Act, 1883 ; or

(x) Any order granting a loan under the ‘o[West Pakistan Agriculturists Act, 1958 (Act XVII of 1958)] the Agricultural Development Bank Ordinance, 1961 (Ordinance IV of 1961), or under any other law for the time being in force relating to the advancement of loans for agricultural purpose, or any instrument under which a loan is granted by a cooperative society for any such purpose, or any instrument, or any instrument made for securing the repayment of a loan so granted ; or

(xi) any endorsement on a mortgage deed acknowledging the payment of the whole or any part of the mortgage money, and any other receipt for payment of money due under a mortgage ; or

(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue officer, or

(xiii) any counterpart of a lease, where the lease corresponding thereto has itself been registered.

Explanation: A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest-money or of the whole or any part of the purchase-money.

(3) Authorities to adopt a son, executed after the first day of January, 1872, and not conferred by a will, shall also be registered.

Court Decisions

Contract for sale–Contract for sale would not require its compulsory registration because it was a document which, by itself, would not create a title, but it was a document creating a right to obtain another document i.e. sale-deed in favour of person in whose favour contract was executed. 2004 C L C 318

Partition of property by way of family arrangements by means of agreement-Not compulsorily register able-principles. 2004 S C M R 126

18. Documents of which registration is optional

Any document not required to be registered under Section 17 may also be registered under this Act.

Court Decisions

Transfer of property Act (IV of 1882), S. 41-Agreement to sell, non-registration of – Effect-Such agreement could neither subsequent vendee on guard nor notice thereof could be taken by a third person. PLD 2003 SC 494

19. Document in language not understood by registering officer

If any document duly presented for registration be in a language which the registering officer does not understand, and which is not, commonly used in the district, he shall refuse to register the document, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.

20. Documents containing interlineations blanks, erasures, or alterations

(1) The registering officer may in his discretion refuse to accept for registration any document in which any interlinesation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, ersure or alteration.

(2) If a registering officer registers any such document, he shall, at the time of registering the same make a note in the register of such interlineation, blank, erasure or alteration.

21. Description of property and maps or plans

(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.

(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.

(3) Other houses and lands shall be described by their name, if any, and as being in the territorial division in which they are situate, and by their superficial contents, the roads and other properties on which they abut, and their existing occupancies, and also whenever it is practicable, by reference to a Government map or survey.

(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or, plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts.

22 Description of houses and land by reference to Government maps or surveys

(1) Where it is, in the opinion of the Provincial Government, practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the Provincial Government may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of Sec. 21, be so described.

(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of Section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates in sufficient to identify that property

PART IV — OF THE TIME OF PRESENTATION

23. Time for presenting documents

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.

24. Documents executed by several persons at different times

Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months* from the date of each execution.

25. Provision where delay in presentation is unavoidable

(1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in Pakistan is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration fee, such document shall be accepted for registration.

(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

26. Documents executed out of the Provinces, etc

When a document purporting to have been executed by all or any of the parties out of Pakistan is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registration officer, ii satisfied-

(a) that the instrument was so executed ; and

(b) that it has been presented for registration within four months after its arrival in Pakistan

may, on payment of the proper registration fee, accept such document for registration.

27. Wills may be presented or deposited at any time

A will may at any time be presented for registration or deposited in manner hereinafter provided.

PART V — OF THE PLACE OF REGISTRATION

28. Place for registering documents relating to land

(1) Save as in this Part otherwise provided, every document mentioned in Section 17, sub-section (1), clauses (a), (b), (c), (d) and (e), Section 17, sub-section (2), and Section 18, in so far as such document affects immovable property, shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

(2) Notwithstanding anything contained in sub-section (1), –

(a) after a document is registered, no party thereto shall be entitled to question the validity of its registration on the ground that the property which purported to give jurisdiction to the Sub-Registrar to register it either did not exist or was fictitious or insignificant or was not intended to be conveyed ; and

(b) a document the registration of which is secured by the inclusion of a non-existent, fictitious, or insignificant portion or item shall not in any manner affect the rights of a person who was not a part thereto and acquired rights in the property without notice of the transaction to which such document relates.

29. Place for registering other documents

(1) Every document not being a document referred to in Section 28 or a copy of decree or order, may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the Provincial Government at which all the persons executing and claiming under the document desire the same to be registered.

(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made, or, where the decree or order does not affect immovable property, in the office of any other Sub-Registrar under the Provincial Government at which all the persons claiming under the decree or order desire the copy to be registered.

30. Registration by Registrars in certain cases

(1) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate o him.

(2) Notwithstanding anything contained in Section 28 any Registrar may receive and register any document without regard to the situation in any part of Pakistan of the property to which the document relates if he is satisfied that there is sufficient cause for doing so.

31. Registration or acceptance for deposit at private residence

The presentation, registration or deposit of documents under this Act shall ordinarily be made only at the office of the officer authorized to accept the same for registration or deposit :

Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.

PART VI — OF PRESENTING DOCUMENTS FOR REGISTRATION

32. Persons to present document for registration

Except in the cases mentioned in Section 89, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented, –

(a) by some person executing or claiming under the Same, or, in the case of a cop; if a decree or order, claiming under the decree or order ; or

(b) by the representative or assign of such person ; or

(c) by the agent of such person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned.

33. Powers-of-attorney recognizable for purposes of Section 3

(1) For the purposes of Section 32, the following power-of-attorney shall alone be recognised, namely:-

(a) if the principal at the time of executing the power-of-attorney resides in any part of Pakistan in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides ;

(b) if the principal at the time aforesaid resides in any other part of Pakistan a power of attorney executed before and authenticated by any Magistrate.

(c) if the principal at the time aforesaid does not reside in Pakistan, power-of-attorney executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Pakistan Counsal or Vice-Consul, or representative of the Federal Government:

Provided that the following persons shall not be required to attend at any registration-officer or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely: –

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend ;

(ii) persons who are in jail under civil or criminal process ; and

(iii) persons exempt by law from personal appearance in Court.

(2) In the case of every such person the Registrar or Sub-Registrar of Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the officer or Court aforesaid.

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar of Sub-Registrar or Magistrate may either himself go to the house of the person/purporting to be the principal, or the jail in which he is confined, and examine him, or issue a commission for his examination.

(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face it to have been executed before an authenticated by the person or Court hereinbefore mentioned in that behalf.

34. Enquiry before registration by registering officer

(1) Subject to the provisions contained in this Part and in Sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the person executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under Sections 23, 24, 25 and 26:

Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar in cases where the delay in appearing does not exceed four months, may direct that on payment fine not exceeding ten times the amount of the proper registration-fee, in addition to the fine, if any, payable under Section 25, the document may be registered.

(2) Appearances under sub-section (1) may be simultaneous or at different times.

(3) The registering officer shall thereupon-

(a) enquire whether or not such document was executed by the persons by whom it purports to have been executed ;

(b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and

(c) in the case of any person appearing as a presentative, assign or agent, satisfy himself of the right of such person so to appear.

(4) Any application for a direction under the proviso to sub-section (1) may be lodged with the Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

(5) Nothing in this section applies to copies of decrees or orders.

35. Procedure on admission and denial of execution respectively

(1)(a)If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the persons they represent themselves to be, and if they all admit the execution of the document ; or

(b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admit the execution ; or

(c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution;

the registering officer shall register the document as directed in Sections 58 to 61, inclusive.

(2) The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be; or for any other purpose contemplated by this Act, examine any one present in his office.

(3) (a) If any person by whom the document purports to be executed denies its execution ; or

(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic ; or

(c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution;

the registering officer shall refuse to register the document as to the person so denying appearing or dead :

Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:

Provided further that the Provincial Government may, by notification in the official Gazette, declare that any Sub-Registrar named in the notification shall, in respect or documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.

PART VII — OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES

36. Procedure where appearance of executant or witness is desired

If any person presenting any document for registration or claiming under any document which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such officer or Court as the Provincial Government directs in this behalf to issue a summons requiring him to appear at the registration-office, either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named therein.

37. Officer or Court to issue and cause service of summons

The officer or Court, upon receipt of the peon’s fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required.

38. Person exempt from appearance at registration office

(1)

(a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or

(b) a person in jail under civil or criminal process, or

(c) persons exempt by law from personal appearance in Court, and who would but for the provision next hereinafter contained be required to appear in person at the registration office, shall not be required so to appear.

(2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.

39. Law as to summonses, commissions and witnesses

The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act.

PART VIII — OF PRESENTING WILLS AND AUTHORITIES TO ADOPT

40. Persons entitled to present wills and authorities to adopt

(1) The testator, or after his death any person claiming as executor or otherwise under a will may present it to any Registrar or Sub-Registrar for registration.

(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration.

41. Registration of wills, and authorities to adopt

(1) A will or an authority to adopt, presented for, registration by the testator or donor, may be registered in the same manner as any other document.

(2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied-

(a) that the will or authority was executed by the testator or donor, as the case may be ;

(b) that the testator or donor is dead ; and

(c) that the person presenting the will or authority is, under Section 40, entitled to present the same.

PART IX — DEPOSIT AND DISPOSAL OF WILLS

42. Deposit of Wills

(1) Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.

(2) The testator shall also endorse on the cover the name and address of the person to whom the original document shall be delivered after registration thereof, after his death.

43. Procedure on deposit of Wills

(1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.

(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.

44. Withdrawal of sealed cover deposited under Section 42

If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorised agent to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.

45. Proceedings on death of depositor

(1) If, on the death of a testator who has deposited a sealed cover under Section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant’s presence, open the cover, and, at the applicant’s expense, cause the contents thereof to be copied into his Book No. 3 and then deliver the deposited will to the nominee of the testator or his representative.

(2) If, in respect of any will deposited, no steps are taken by the testator or other person under Section 44 of sub-section (1) of (his section, the Registrar shall follow the procedure hereinafter provided for the disposal of such will or sealed cover.

46. Saving of certain enactments and powers of Courts

(1) Nothing hereinbefore contained shall affect the provisions of Section [294 of the Succession Act, 1925 (XXXIX of 1925)], or the power of any Court by order to compel the production of any will.

(2) When any such order is made, the Registrar shall, unless the will has been already copied under Section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.

46-A. Destruction of Wills

(1) Any will in deposit, with a Registrar, at the commencement of the Registration (Amendment) Ordinance, 1962, and any will thereafter deposited may be destroyed after following the procedure hereinafter provided, if the will is not registered before such destruction.

(2) Every registering officer shall on the first day of July in the year next after commencement of the Registration (Amendment) Ordinance, 1962, and on the first day of July in every succeeding third year, send by post a notice to every depositor and his nominee, inquiring about the depositor’s present address and shall enter on the cover and in his registers any new address supplied in response to such notice.

(3) If, as a result of such notice or in any other manner, the Registrar is satisfied that the testator has died, the Registrar shall, after making an entry in his books as to the death of the testator and the nature of the information on which he has acted, open the cover in the presence of a judicial officer (not below the rank of a Civil Judge a Munsif). He shall thereupon issue a notice to the executor, if any, and also to such other person or persons deriving any benefit under the will as the two officers may determine, informing them about the existence of the will and also that unless steps are taken within a period of six months therefrom for registration of the will the document shall be liable to be destroyed.

(4) Notwithstanding the expiry of the period specified in the notice, until the will is actually destroyed in accordance with the provisions of the Destruction of Records Act, 1917 (V of 1917), the registration of the same can be effected, at the request of the person entitled thereto, on payment of the proper charges.]

PART X — OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION

47. Time from which registered document operates

A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

48 Registered documents relating to property when to take effect against oral agreements

All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any oral agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession and the same constitutes a valid transfer under any law for the time being in force:

Provided that a mortgage by deposit of title-deeds as defined in Section 58 of the Transfer of Property Act, 1882, shall take effect against any mortgage-deed subsequently executed and registered which relates to the same property.

49. Effect of non-Registration of documents required to be registered:

No document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall-

(a) operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immovable property, or

(b) confer any power to adopt, unless it has been registered.

Court Decisions

Agreement to sell, non-registration of – Such agreement could neither subsequent vendee on guard nor notice thereof could be taken by a third person. PLD 2003 SC 494

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2020-04-10T12:37:36+05:00