Registration Act 1908 Pakistan Pdf Download 2021

Before the year 1864, there existed multiple enactments as to registration ofdocuments in British India. There were regulations applicable to each of theprovinces of Bangal, Bombay and Madras, providing for the registration ofdocuments. In the Punjab, Judicial Circular No.201 of 1849 provided for theregistration of deeds. The first complete enactment as to registration ofdocuments was passed by Act XVI of 1864, consolidating and amending all theprevious laws relating to the registration of assurances. It introduced for thefirst time a system of compulsory registration in British India as to certainclauses of the documents and also abolished the provisions limiting the rightsof priority to registered deeds as against unregistered document of the samenature. But even under this Act, the right of priority was given to documentoptionally registerable and not to documents compulsorily registerable. Thus,if two documents A and B were both optionally registerable, and one of them Awas registered, then A would have priority over B. But if A was compulsorilyregisterable and B was optionally registerable, the fact that A was registereddid not entitled it to priority over B.

The law relating to registration of assurances was again consolidated andamended by Act XX of 1866. It was again amended by Act VIII of 1871. The Actof 1871 was subsequently amended by Act III of 1877. The Act of 1877 for thefirst time introduced a provision to give priority to registered documentsirrespective of the fact that whether they were optionally or compulsorilyregisterable.

Registration Act 1908 Pakistan Pdf Download

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In 1908, a new Act namely the Registration Act, 1908 (Act No. XVI of 1908)was enacted for consolidation of enactments relating to the registration of thedocuments. The Act deals with cases where transactions between individuals arereduced to writing and provide for compulsory or optional registration, as thecase may be, of such written instruments. It does not deal with transaction notreduced to writing.

The Act enacts provisions of law both adjective and substantive. Thus, theprovision relating to the admissibility of documents in evidence (S.49 of theAct) belongs to the provision of adjective law while the provision relating topriority and compulsory registration of documents (S.17) belong to the provisionof substantive law. In accordance with the general principles of interpretationof statutes, the substantive provisions will have only prospective operation andare not retrospective unless the language of the provisions makes it clear thatretrospective operation is intended, while the provisions of adjective law willbe both prospective and retrospective.

The Act provides for the creation of pre-appointed evidence of transactionsby getting the same entered in a public record by a competent official whoseduty is to attend the parties during the registration and see that the properpersons present are competent to act and are identified to his satisfaction. The object of registering a document is, firstly, to give notice to the worldthat such a document has been executed, secondly, to prevent fraud and forgeryand, thirdly, to secure that every person dealing with property, where suchdealings require registration, may rely with confidence upon the statementscontained in the register as a full and complete account of all transactions bywhich the title to the property may be affected.

This Section pertains to the registration of those documents which do notrequire compulsory registration. The non-registration of such documents howeverwill not affect their validity or admissibility in evidence, but in certaincases, may affect rights of priority.

An agreement to sell in respect of an immovable property containing recitesas to payment of price, is not compulsorily registerable. In the case ofMuhammad Akram v Muhammad Saleem (PLD 1964 {W.P.} Lahore-490), it was held thatan agreement to sell does not create any present right in property. It onlyrecites an agreement arrived at between the parties that theplaintiff-respondent would transfer the property in dispute to thedefendants-appellant either by registration of a documents of a mean of amutations. It is not a document requiring registration.

The Secretary explained that the proposal to amend Section 17 of theRegistration Act 1908 was received from the Lahore High Court. The Court is ofthe view that considerable litigation in courts is on account of forgeddocuments, such as agreements to sell, therefore, there is a need to make itcompulsorily registerable. The Chief Justice, Lahore High Court explained thatsuch a measure will check the frivolous litigation, thereby saving the precioustime of courts and resources of litigant public. The Secretary informed that inthis regard an amendment has already been made by the Government of Sindh forcompulsory registration of the power of attorney, when authorizing the attorneyto sell any immovable property. The members expressed the view that theamendments are timely and would be useful, however in doing so, it may beensured that the measure does not lead to double payment of stamp duty, first atthe time of registration of the agreement to sell and against at the time ofregistration of sale deed. The Commission approved the amendment subject to theabove observation and asked the Secretariat to see if any correspondingamendment is required in Stamp Duty Act, Registration Rules, etc.

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

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.

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 interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration.

(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.

23. Time for presenting document:- 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:

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.

26. Documents executed out of the Provinces, etc. When a document purporting to have been executed by all or any of the parties out of Pakistan is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied.

28. Place for registering documents relating to land. (1) Save as in this part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c), (d) and (e), section 17, sub-section (2) and section 18 in so far 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.

(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 party thereto, and acquired rights in the property without notice of the transaction to which such document relates.

29. Place for registering other documents. (1) Every document not being a document referred to in section 28, or a copy of a decree or order, may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the Provincial Government at which all the persons executing and claiming under the document desire the same to be registered. 17dc91bb1f