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Pakistan (Punjab) Legislation |
THE REGISTRATION ACT 1908
(Act XVI of 1908)
C O N T E N T S
Section Heading
Preamble.
Part I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
Part II
Of the Registration Establishment
3. Inspector-General of Registration.
4. [Repealed.]
5. Districts and sub-districts.
6. Registrars and Sub-Registrars.
7. Offices of Registrar and Sub-Registrar.
8. Inspectors of Registration offices.
9. [Repealed.]
10. Absence of Registrar or vacancy in his office.
11. Absence of Registrar on duty in his district.
12. Absence of Sub-Registrar or vacancy in his office.
13. Report to Government of appointments under Sections 10, 11 and 12.
14. Establishments of registering officers.
15. Seal of registering officers.
16. Register-books and fire-proof boxes.
Part III
Of Registrable
Documents
17. Documents of which registration is compulsory.
18. Documents of which registration is optional.
19. Documents in language not understood by registering officer.
20. Documents containing interlineations, blanks, erasures or alterations.
21. Description of property and maps or plans.
22. Description of houses and land by reference to Government maps or surveys.
Part IV
Of the Time of Presentation
23. Time for presenting documents.
23A. Registration of certain documents.
24. Documents executed by several persons at different times.
25. Provision where delay in presentation is unavoidable.
26. Documents executed out of
27. Wills may be presented or deposited at any time.
Part V
Of the Place of Registration
28. Place for registering documents relating to land.
29. Place for registering other documents.
30. Registration by Registrars in certain cases.
31. Registration or acceptance for deposit at private residence.
Part VI
Of Presenting Documents
for Registration
32. Persons to present documents for registration.
33. Powers-of-attorney recognizable for purposes of Section 32.
34. Enquiry before registration by registering officer.
35. Procedure on admission and denial of execution respectively.
Part VII
Of Enforcing the Appearance
of Executants and Witnesses
36. Procedure where appearance of
executant or witness is desired.
37. Officer or Court to issue and cause service of summons.
38. Persons exempt from appearance at registration office.
39. Law as to summonses, commissions and witnesses.
Part VIII
Of Presenting Wills and
Authorities to Adopt
40. Persons entitled to present wills and authorities to adopt.
41. Registration of wills and authorities to adopt.
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
(3) It shall one into force on the first day of
January, 1909.
2. Definitions.- In this Act, unless
there is anything repugnant in the subject or context,-
(1) addition means the place of residence, and the profession,
trade, rank and the title (if any) of a person described, [4][* * *] and his father's
name, or where he is usually described as the son of his mother then his mother's
name:
(2) "book" includes a portion of a book and also any number of
sheets connected together with a view of forming a book or portion of a book:
[5][(2a) "co-operative society" means a co-operative society registered under the Cooperative Societies Act, 1912[6], or under any other law for the time being in force relating to the registration of co-operative societies:]
(3) "district" and "sub-district" respectively mean a district
and sub-district formed under this Act:
(4) "District
Court" includes [7][Lahore High Court] in
its ordinary original civil jurisdiction:
(5) "endorsement" and "endorsed" include and apply to an entry in
writing by a registering officer on a rider or covering slip to any document
tendered
for registration under this Act:
[8][(5a) "Government" means Government of the
[9][(6) "immovable property" includes land, buildings,
benefits to arise out of land, things attached to the earth, or permanently
fastened
to anything attached to the earth, hereditary allowances, rights to
ways, lights, ferries and fisheries but does not include-
(a) standing timber, growing crops or grass
whether immediate severance thereof is intended or not:
(b) fruit upon and juice in trees whether in
existence or to grow in future: and
(c) machinery embedded in or attached to the
earth, when dealt with apart from the land:
[10][(7) "lease" includes a
counterpart, kabuliyat and an undertaking to
cultivate or occupy:]
(8) "minor" means a person who, according to the personal law to
which he is subject, has not attained majority:
[11][(9) "movable property"
means property of every description, except immovable property:]
(10) "representative" includes the guardian of a minor and the
committee or other legal curator of a lunatic or idiot.
Part II
Of the Registration-Establishment
3. Inspector-General of Registration.- (1) The [12][Government]
shall appoint an officer to be the Inspector-General of Registration for [13][the
Provided
that the [14][Government] may,
instead of making such appointment, direct that all or any of the powers and duties
hereinafter conferred and imposed
upon the Inspector-General shall be exercised
and performed by such officer or officers, and within such local limits, as the
[15][Government] appoints
in this behalf.
(2) Any Inspector-General may hold simultaneously any
other office [16][in the service of the
State].
4. [17][* * * * * * * * * * * * *]
5. Districts and sub-districts.- (1) For the purposes
of this Act, the [18][Government] shall
form districts and sub-districts, and shall prescribe, and may alter, the
limits of such districts and sub-districts.
(2) The district and sub-districts formed under
this section, together with the limits thereof, and every alteration of such
limits, shall
be notified in the [19][official Gazette].
(3) Every such alteration shall take effect on
such day after the date of the notification as is therein mentioned.
6. Registrars and Sub-Registrars.- The [20][Government] may
appoint such persons, whether public officers or not, as it thinks proper, to
be Registrars of the several districts,
and to be Sub-Registrars of the several
sub-districts, formed as aforesaid, respectively.
[21][* * * * * * * * * * *]
7. Offices of Registrars and Sub-Registrars.- (1) The [22][Government] shall
establish in every district an office to be styled the office of the Registrar
and in every sub-district an office
or offices to be styled the office of the
Sub-Registrar of the offices of the Joint Sub-Registrars.
(2) The [23][Government] may
amalgamate with any office of a Registrar any office of a Sub-Registrar
subordinate to such Registrar, and may authorize
any Sub-Registrar whose office
has been so amalgamated to exercise and perform, in addition to his own powers
and duties, all or
any of the powers and duties of the Registrar to whom he is
subordinate:
Provided that no such authorization shall enable a Sub-Registrar to
hear an appeal against an order passed by himself under this Act.
8. Inspectors of Registration offices.- (1) The [24][Government] may also
appoint officers, to be called inspectors of Registration-offices, and may
prescribe the duties of such officers.
[25][* * * * * * * * * * * *]
(2) Every such Inspector shall be subordinate to
the Inspector-General.
9. [26][* * * * * * * * * * * *]
10. Absence of Registrar or vacancy in his office.-
(1)
When any Registrar, [27][* * *] is absent
otherwise than on duty in his district, or when his office is temporarily
vacant, any person whom the Inspector-General
appoints in this behalf, or, in
default of such appointment, the Judge of the District Court within the local
limits of whose jurisdiction
the Registrar's office is situate, shall be the
Registrar during such absence or until the [28][Government] fills up
the vacancy.
[29][* * * * * * * * * * *]
11. Absence of Registrar on duty in his district.- When any Registrar is
absent from his office on duty in his district, he may appoint any
Sub-Registrar or other person in his district
to perform, during such absence,
all the duties of a Registrar except those mentioned in Sections. 68 and 72.
12. Absence of Sub-Registrar or vacancy in his office.- When any Sub-Registrar
is absent, or when his office is temporarily vacant, any person whom the
Registrar of the district appoints
in this behalf shall be Sub-Registrar during
such absence, or until [30][the vacancy is filled
up].
13. Report to [31][Government]
of appointments under Sections 10, 11 and 12.- (1)
[32][*
* *] All appointments made under Section 10, Section 11 or Section 12 shall be
reported to the [33][Government]
by the Inspector-General.
(2) Such report shall be either special or general
as the [34][Government] directs.
[35][* * * * * * * * * * *]
14. Establishments of registering officers.- [36][* * *]
(2) The [37][Government] may allow
proper, establishments for the several offices under this Act.
15. Seal of registering officers.- The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and in such other language as the [38][Government] directs:-
"The seal of the Registrar (or of the Sub-Registrar) of___________."
16. Register-books and fire-proof boxes.- (1) The [39][Government] shall
provide for the office of every registering officer the books necessary for the
purposes of this Act.
(2) The
books so provided shall contain the forms from time to time prescribed by the
Inspector-General with the sanction of the [40][Government],
and the pages of such books shall be consecutively numbered in print, and the
number of pages in each book shall be
certified on the title-page by the
officer by whom such books are issued.
(3) The [41][Government] shall
supply the office of every Registrar with a fire-proof box, and shall in each
district make suitable provision
for the safe custody of the records connected
with the registration of documents in such district.
Part III
Of Registrable Documents
17. Documents of which registration is compulsory.-
(1)
The following documents shall be registered, if the property to which they
relate is situate in a district in which, and if they
have been executed on or
after the date on which, Act No.XVI of 1864, or the Indian
Registration Act, 1866[42], or the Indian Registration
Act, 1871[43] or the Indian Registration
Act, 1877[44], or this Act came or
comes into force namely:-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which
purport or operate to create, declare, assign, limit or extinguish, whether in
present or
in future, any right, title or interest, whether vested or
contingent, of the value of one hundred rupees and upwards, to or in immovable
property;
[45][Explanation.- In the case of an assignment of a mortgage the
consideration for the deed of assignment shall be deemed to be the value for
Registration;]
[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][
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 be recognised, namely:-
(a) if the principal at
the time of executing the power-of-attorney resides in any part of [83][the
(b) if the principal at the time aforesaid resides in any other
part of [84][the Punjab or
(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 superscribed
with 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.
[121][Part XI-A
Of
the Copying of Documents by means of Photography
70-A. Application of this part.- This part shall apply to such
areas only as are specified in a notification issued under Section 70-D.
70-B. Definition.- For the purposes of this Part "Photo-Registrar",
means a Photo-Registrar appointed under this Part.
70-C. Appointment of Photo-Registrars.- The Provincial
Government may appoint a Registrar or Sub-Registrar or any other person to be a
Photo-Registrar for the performance
of duties under this Part:
Provided
that the [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
[152][* * * * * * * * *]
[1]For
Statement of Objects and Reasons, see Gazette of India, 1908, Pt. V,
p.325, for Report of Select Committee, see ibid., 1908, Pt. V, p.387;
and for Proceedings in Council, see ibid., 1908, Pt. VI, pp.148, 154 and
182.
This Act was
declared to be in force in Balochistan by s.3 of the British Balochistan Laws
Regulation, 1913 (II of 1913).
It was extended
to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order,
1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Balochistan, see
Gazette of India, 1937, Pt.I, p1499.
It has been
extended to the Balochistan States Union by the Balochistan States Union
(Federal Laws) (Extension) Order, 1953 (G.G.O.
4 of 1953), as amended.
It was extended
to the
The Act has
been and shall be deemed to have been brought into force in Gwadur
with effect from the 8th September, 1958, by the Gwadur
(Application of Central Laws) Ordinance, 1960 (XXXVII of 1960), s.2.
It
was amended in the
It has also
been applied to Phulera in the excluded Area of Upper
Tanawal to the extent the Act is applicable in the
N.W.F.P., and has been extended to the Excluded Area of Upper Tanawal other than Phulera by the
N-W.F.P. (Upper Tanawal) (Excluded Area) Laws
Regulation, 1950 and declared to be in force in that area with effect from the
1st June, 1951, see N.W.F.P. Gazette Ext., dated the 1st
June, 1951.
This Act
was originally in the Federal ambit, however, the subject on which this law was
enacted, has devolved to the provinces by
virtue of 18th Amendment
in the Constitution, hence it was 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 [
[5]Clause (2a) inserted by the Registration Act
(Amendment) Ordinance, 1961 (XXXII of 1961), s.2.
[6]II of 1912.
[7]Substituted for the words
"the High Court" by the Registration (Amendment) Act 2011 (XIX of 2011).
[8]Inserted ibid.
[9]Substituted by the Registration (Amendment)
Ordinance, 1962 (XLV of 1962), s.2, for the original clause.
[10]Ibid.
[11]Ibid.
[12]Substituted for the words
"Provincial Government" by the Registration (Amendment) Act 2011 (XIX of 2011).
[13]Ibid, for the words "territories subject to such
Government".
[14]Ibid, for the words "Provincial Government".
[15]Ibid.
[16]Substituted by Adaptation Order, 1961, Art.2
and Schedule (with effect from 23rd March 1956), for "under
the Crown" which had been substituted by Adaptation Order 1937, for "under
Government".
[17]Section 4. "Branch Inspector-General
of Sindh" repealed by the Adaptation Order, 1937.
[18]Substituted for the words
"Provincial Government" by the Registration (Amendment) Act 2011 (XIX of 2011).
[19]Substituted by Adaptation
Order, 1937, for "local official Gazette".
[20]Substituted for the words
"Provincial Government" by the Registration (Amendment) Act 2011 (XIX of 2011).
[21]The proviso to s.6, was
inserted by the Decentralization Act, 1914 (IV of 1914), s.2, Schedule Pt. I, and
was omitted by Adaptation
Order, 1937.
[22]Substituted for the words
"Provincial Government" by the Registration (Amendment) Act 2011 (XIX of 2011).
[23]Ibid.
[24]Ibid.
[25]The proviso to sub-section (1) of s.8 was inserted
by the Indian Registration (Bombay Amendment) Act, 1929 (Bombay V of 1929), s.
2, and was omitted by the Adaptation Order, 1937.
[26]Section
9.
"Military Cantonments may be declared sub-districts or districts" repealed by
Repealing and Amending Act, 1927 (X of 1927), s.3 and
Second Schedule.
[27]The words "other than
the Registrar of a district including a Presidency-town" omitted by Adaptation
Order, 1949.
[28]Substituted for the words
"Provincial Government" by the Registration (Amendment) Act 2011 (XIX of 2011).
[29]Omitted by the Adaptation Order, 1949.
[30]Substituted by the Decentralization Act,
1914 (IV of 1914), s.2 and Schedule, Pt. I, for "the Local
Government fills up the vacancy".
[31]Substituted
for the words "Provincial Government" by the Registration (Amendment) Act 2011
(XIX of 2011).
[32]The words "All appoints
made by the Inspector-General under section 6 and", were inserted by the
Decentralization Act, 1914 (IV of
1914) and were omitted by Adaptation Order,
1937.
[33]Substituted
for the words "Provincial Government" by the Registration (Amendment) Act 2011
(XIX of 2011).
[35]Sub-section
(3) relating to the suspension, removal, dismissal and remuneration of persons
appointed under the Act was omitted by
Adaptation Order, 1937.
[37]Substituted
for the words "Provincial Government" by the Registration (Amendment) Act 2011
(XIX of 2011).
[39]Ibid.
[40]Substituted for the words
"Provincial Government" by the Registration (Amendment) Act 2011 (XIX of 2011).
[41]Ibid.
[42]XX of 1866.
[43]VIII of 1871.
[44]III of 1877.
[45]Explanation added by the Registration (Amendment)
Ordinance, 1962 (XLV of 1962), s.3.
[46] Inserted 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.
[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).
[66]Ibid.
[67]Inserted by the Indian Registration (Amendment)
Act, 1917 (XV of 1917), section 2.
[68]Substituted for the word "
[69]Substituted by the Central Laws (Statute
Reforms) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Schedule, (with
effect from the 14th October, 1955), for "the Provinces and the
Capital of Federation" which had been substituted by Adaptation Order, 1949,
for "
[70]Ibid.
[71]Ibid.
[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 "
[84]Ibid.
[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 "
[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.
[102]IV of 1882.
[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.
[107]IV of 1882.
[108]XX of 1866.
[109]VIII of 1871.
[110]III of 1877.
[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.
[113]I of 1872.
[114]Sub-section (7) added by the Registration
(Amendment) Ordinance, 1962 (XLV of 1962), s.16.
[115]I of 1872.
[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
[125]The words "in the case of the
[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.
[128]Proviso added ibid.
[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.
[135]Added
ibid.
[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
[142]The word "Sheriff" omitted by Adaptation
Order, 1949.
[143]Ibid.
[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)".
[145]III of 1877.
[146]VIII of 1871.
[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.
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