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 [Repealed.]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 [Repealed.]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 Pakistan.
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.
81A. Penalty
for engagement as conveyance writer without valid enrolment or license.
[1]THE REGISTRATION
ACT, 1908
(XVI
of 1908)
[18
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 Punjab, except such districts or parts thereof as
the 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, [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 Punjab;]
[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 Punjab]:
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;]
[46][(bb) an
instrument which grants power to an attorney or which constitutes an agreement
to create, declare, assign, limit or extinguish, by way of sale, any right, title
or interest of the value of one hundred rupees and upwards, to or in immovable
property;]
(c) non-testamentary
instruments [47][(other than
the acknowledgement of a receipt or payment made in respect of any transaction
to which an instrument registered under [48][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
[49][(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 [50][Government] may, by order published in the [51][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 [52][except a
document which grants power to an attorney or is an agreement to sell any
right, title or interest of the said value in immovable property]; or
(vi) any
decree or order of a Court [53][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 [54][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 [55][*
* *] the Land Improvement Loans Act, 1883[56]; or
[57][(x) Any
order granting a loan under the [58][Punjab
Agriculturists’ Loans Act 1958] the Agricultural Development Bank Ordinance,
1961[59], 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 [60][*
* *]; or
(xii) any certificate
of sale granted to the purchaser of any property sold by public auction by a
Civil or Revenue officer [61][; or]
[62][(xiii) any counterpart
of a lease, where the lease corresponding thereto has itself been registered.]
[63][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.
[64][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 [65][Government],
practicable to describe houses, not being houses in towns, and lands by
reference to a Government map or survey, the [66][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.
[67][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 [68][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 [69][Pakistan].– When a document purporting to have been executed by
all or any of the parties out of [70][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 [71][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.– [72][(1)] [73][Every]
document mentioned in Section 17, sub-section (1), clauses (a), (b), (c) [74][,(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.
[75][(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 [76][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 [77][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 [78][Government] at which all the persons claiming under the decree or order
desire the copy to be registered.
[79][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.– [80][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 [81][*
* *] section 89, every document to be registered under this Act, whether such
registration be compulsory or optional, shall be presented [82][*
* *],–
(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 berecognised, namely:-
(a) if the
principal at the time of executing the power-of-attorney resides in any part of [83][the Punjab] 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 [84][the
Punjab or Pakistan] a power of attorney executed before and authenticated
by any Magistrate;
(c) if the
principal at the time aforesaid does not reside in [85][Pakistan], power-of-attorney executed before and authenticated by a
Notary Public, or any Court, Judge, Magistrate, [86][Pakistan] Consul or Vice-Consul, or representative of [87][* * *] the [88][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:
[89][Provided further that the [90][Government] may, by notification in the [91][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 [92][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
[93][DEPOSIT AND DISPOSAL OF WILLS]
42. Deposit
of Wills.– [94][(1)] Any
testator may, either personally or by duly authorised agent, deposit
with any Registrar his will in a sealed cover superscribedwith the name of
the testator and that of his agent (if any) and with a statement of the nature
of the document.
[95][(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 [96][and then
deliver the deposited will to the nominee of the testator or his
representative].
[97][(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 [98][294 of the
Succession Act, 1925], [99][* * *] 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.
[100][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 [101][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[102], shall
take effect against any mortgage-deed subsequently executed and registered
which relates to the same property.]
[103][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), [104][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 [105][:]
[106][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[107], 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[108],
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[109], or the
Indian Registration Act 1877[110], 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 [111][* * *]
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.
[112][(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[113],
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.
[114][(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[115], 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. [116][* * * * * * * * * * * *]
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 [117][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 [118][* * *];
(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;
[119][(cc) regulating
and supervising the profession of conveyance writing;]
(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 [120][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.
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 [122][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 [123][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 [124][*
* *] Urdu [125][* * *] 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 [126][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 [127][:]
[128][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 [129][Government].– [130][*
* *] The [131][Government]
shall prepare a table of fees payable–
(a) for the
registration of documents [132][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 [133][Government]
necessary to effect the purpose of this Act [134][:]
[135][Provided
that the [136][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.
[137][81A. Penalty
for engagement as conveyance writer without valid enrolment or license.– Whoever
engages himself as conveyance writer without valid enrolment or license shall
be punishable with imprisonment for a term which may extend to three months but
which shall not be less than ten days and with fine which may extend to two
hundred thousand rupees but which shall not be less than fifty thousand
rupees.]
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, [138][*
* *] 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.– [139][(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.
[140][(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, [141][* * *] or for any Official Trustee or Official Assignee, or for the [142][* * *], 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, [143][* * *] 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) [144][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[145], or in the Indian Registration Act, 1871[146], 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
[147][(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 [148][Government]
prescribed in this behalf, all documents and maps mentioned in Section 90, [149][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. [150][* * * * * * * * * * * * *]
93. [151][* * * * * * * * * * * * *]
THE SCHEDULE
[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 Khairpur State by the Khairpur (Federal
Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953), as amended.
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 Punjab by
the Indian Registration (Punjab Amendment) Act, 1941 (Punjab VIII of 1941).
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 adopted, 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 [Pakistan] his caste (if any)”
omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3
and 2nd Schedule (with effect from the 14th October,
1955). The word in crotchet was substituted by Adaptation Order, 1949, for
“India”.
[5]Clause (2a)
inserted by the Registration Act (Amendment) Ordinance, 1961 (XXXII of 1961),
s.2.
[7]Substituted for
the words “the High Court” by the Registration (Amendment) Act 2011 (XIX of
2011).
[9]Substituted by
the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.2, for the
original clause.
[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”.
[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).
[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.
[36]Sub-section
(1) omitted ibid.
[37]Substituted
for the words “Provincial Government” by the Registration (Amendment) Act 2011
(XIX of 2011).
[40]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[45]Explanation
added by the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.3.
[46] Inserted
by the Registration (Amendment) Act 2018 (XXVI of 2018).
[47]Inserted by the
Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.3.
[48]Substituted for
“clause (a)” by the Registration (Amendment) Act 2011 (XIX of 2011).
[49]Clause (e) inserted
by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929),
s.10.
[50]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[51]Substituted for
“local official Gazette” by the Adaptation Order 1937.
[52] Inserted
by the Registration (Amendment) Act 2018 (XXVI of 2018).
[53]Substituted by
the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929),
s.10, for “and any award”.
[54]Substituted
for the words “the Government” by the Registration (Amendment) Act 2011 (XIX of
2011).
[55]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
[57]Substituted by the Registration Act (Amendment) Ordinance, 1961 (XXXII
of 1961), s.3, for the original clause.
[58]Substituted for the words “West Pakistan Agriculturists’ Act, 1958” by
the Registration (Amendment) Act 2011 (XIX of 2011).
[60]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]Substituted ibid., for
the full-stop.
[62]Clause (xiii)
added ibid.
[63]Explanation inserted
by the Indian Registration (Amendment) Act, 1927 (II of 1927), s.2.
[64]Substituted by
the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.4.
[65]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[67]Inserted by the
Indian Registration (Amendment) Act, 1917 (XV of 1917), section 2.
[68]Substituted for
the word “Pakistan” by the Registration (Amendment) Act 2011 (XIX of 2011)
[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 “British India”.
[72]Renumbered by
the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.4.
[73]Substituted for
the words “Save as in this Part otherwise provided, every” by the Registration
(Amendment) Act 2011 (XIX of 2011)
[74]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.
[75]Sub-section (2)
added by the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.5.
[76]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”.
[77]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[78]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[79]Section 30
substituted ibid.
[80]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”.
[81]The words and
figures “section 31 and” omitted ibid., s.8.
[82]The words “at
the proper registration-office” omitted, ibid.
[83]Substituted for
the word “Pakistan” by the Registration (Amendment) Act 2011 (XIX of 2011)
[85]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 “British India”..
[86]Substituted by Adaptation Order, 1961, Art.2 and Schedule For “British”
(with effect from the 23rd March, 1956).
[87]The words “His
Majesty or of” omitted ibid., (with effect from the 23rd March,
1956).
[88]Substituted by Federal Adaptation Order, 1975, Art.2 and Table, for
“Central Government”, which was substituted by Adaptation Order, 1937, for
“Government of India”.
[89]Proviso inserted
by the Indian Registration (Amendment) Act, 1926 (XIII of 1926), s.2.
[90]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[91]Substituted by
Adaptation Order 1937, for “local official Gazette”.
[92]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[93]Substituted by the Registration (Amendment) Ordinance, 1962 (XLV of
1962), s.9, for “OF THE DEPOSIT OF WILLS”.
[94]Re-numbered, ibid., s.10.
[95]Sub-section (2)
added ibid.
[96]Added by the
Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.11.
[97]Substituted ibid,
for the original sub-section (2).
[98]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”.
[99]The words “of section 81 of the Probate and Administration Act, 1881,”
omitted ibid., s.2 and Second Schedule
[100]Section 46A,
inserted by the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.12.
[101]Inserted by the
Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929), s.10.
[103]Substituted by
the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.13.
[104]Substituted ibid,
s.14, for “and clauses (a) and (b) of section 18”.
[105]Substituted by
the Registration (Amendment) Ordinance, 1962 (XLV of 1962), for the full-stop.
[106]Provisos added, ibid.
[111]The words and
brackets “clauses (d) and (f)” omitted by the Registration
(Amendment) Ordinance, 1962 (XLV of 1962), s.15.
[112]Sub-section (5)
added ibid.
[114]Sub-section (7)
added by the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.16.
[116]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.
[117]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[118]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.
[119] Inserted
by the Registration (Second Amendment) Act 2018 (XXVII of 2018).
[120]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[121]Part XIA
inserted by the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.17.
[122]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[123]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[124]The words
“Bengali in the case of the Province of East Pakistan,” omitted
by Federal Adaptation Order, 1975, Art.2 and Schedule.
[125]The words “in
the case of the Province of West Pakistan,” omitted ibid.
[126]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[127]Substituted by
the Registration (Amendment) Ordinance, 1962 (XLV of 1962), S.18, for
full-stop.
[129]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[130]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.
[131]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[132]Added by the
Finance Act, 1999 (IV of 1999)
[133]Substituted for
the words “Provincial Government” by the Registration (Amendment) Act 2011 (XIX
of 2011).
[134]Substituted by the Financial Services (Amendment of Laws) Ordinance,
1984 (LVII of 1984), s.2 and Schedule.
[136]Substituted for
the words “Federal Government” by the Registration (Amendment) Act 2011 (XIX of
2011).
[137] New
section inserted by the Registration (Second Amendment) Act 2018 (XXVII of
2018).
[138]The words “the
Branch Inspector General of Sindh” omitted by Adaptation Order, 1937.
[139]Renumbered by
the Registration (Amendment) Ordinance, 1962 (XLV of 1962), s.19.
[140]Sub-section (2)
added ibid.
[141]The words “or for the Administrator-General of East Pakistan,”
omitted by Federal Laws (Revision and Declaration), Ordinance, 1981(XXVII of
1981), s.3 and Second Schedule.
[142]The word
“Sheriff” omitted by Adaptation Order, 1949.
[144]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)”.
[147]Clause (e)
omitted by the Registration (Amendment) Act 2011 (XIX of 2011).
[148]Substituted ibid, for the words “Provincial Government”.
[149]Ibid, for the words,
brackets, commas and letters “clauses (a), (b), (c) and (e)”.
[150]Section 92. “Burmese
registration rules confirmed” repealed by the Adaptation Order, 1937.
[151]Section 93. “Repeals” repealed by Repealing Act, 1938 (I of 1938),
s.2 and Schedule.
[152]The Schedule
“Repeal of Enactments” repealed ibid.