Registration Act 1908
Registration Act 1908
Registration Act 1908
CONTENTS
___________
PART I
PRELIMINARY
Page 1 of 35
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 Re-registration of certain documents.
24 Documents executed by several persons at different times.
25 Provision where delay in presentation is unavoidable.
26 Documents executed out of Pakistan, etc.
27 Wills may be presented or deposited at any time.
PART V
OF THE PLACE OF REGISTRATION
28 Place for registering documents relating to land.
29 Place for Registering other documents.
30 Registration by Registrars in certain cases.
31 Registration or acceptance for deposit at private residence.
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
32 Persons to present documents for registration.
33 Power-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.
Page 2 of 35
39 Law as to summonses, commissions and witnesses.
PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
40 Persons entitled to present wills and authorities to adopt.
41 Registration of wills and authorities to adopt.
PART IX
DEPOSIT AND DISPOSAL OF WILLS
42 Deposit of wills.
43 Procedure on deposit of wills.
44 Withdrawal of sealed cover deposited under section 42.
45 Proceedings on death of depositor.
46 Saving of certain enactments and powers of Courts.
46A Destruction of Wills.
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
47 Time from which registered document operates.
48 Registered documents relating to property when to take effect against oral agreements.
49 Effect of non-registration of documents required to be registered.
50 Certain registered documents relating to land to take effect against unregistered documents.
PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes
51 Register-books to be kept in the several offices.
52 Duties of registering officers when document presented.
53 Entries to be numbered consecutively.
54 Current indexes and entries therein.
55 Indexes to be made by registering officers, and their contents.
56 [Repealed.]
57 Registering officers to allow inspection of certain books and indexes, and to
give certified copies of entries.
(B) As to the Procedure on admitting to Registration
58 Particulars to be endorsed on documents admitted to registration.
59 Endorsements to be dated and signed by registering officer.
Page 3 of 35
60 Certificate of registration.
61 Endorsements and certificate to be copied and document returned.
62 Procedure on presenting document in language unknown to registering officer.
63 Power to administer oaths and record of substance of statements.
(C) Special Duties of Sub-Registrar
64 Procedure where document relates to land in several sub-districts.
65 Procedure where document relates to land in several districts.
(D) Special Duties of Registrar
66 Procedure after registration of documents relating to land.
67 Procedure after registration under section 30, sub-section (2).
(E) Of the Controlling Powers of Registrars and Inspectors-General.
68 Power of Registrar to superintend and control Sub Registrars.
69 Power of Inspector-General to superintend registration offices and make rules.
70 Power of Inspector-General to remit fines.
PART XI-A
OF THE COPYING OF DOCUMENTS BY MEANS OF PHOTOGRAPHY.
70A Application of this Part.
70B Definition.
70C Appointment of Photo-Registrars.
70D Documents may be photographed in areas notified by Government.
70E Application of Act to areas notified under section 70-D.
70F
PART XII
OF REFUSAL TO REGISTER
71 Reasons for refusal to register to be recorded.
72 Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than
denial of execution.
73 Application to Registrar where Sub-Registrar refuses to register on ground of denial of
execution.
74 Procedure of Registrar on such application.
75 Order by Registrar to register and procedure thereon.
76 Order of refusal by Registrar.
77 Suit in case of order of refusal by Registrar.
Page 4 of 35
PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
78 Fees to be fixed by Provincial Government.
79 Publication of fees.
80 Fees payable on presentation.
PART XIV
OF PENALTIES
81 Penalty for incorrectly endorsing, copying, translating or registering documents with intent to
injure.
82 Penalty for making false statements, delivering false copies or translations, false personation,
and abetment.
83 Registering officer may commence prosecutions.
84 Registering Officers to be deemed public servants.
PART XV
MISCELLANEOUS
85 Destruction of unclaimed documents.
86 Registering officer not liable for thing bona fide done or refused in his official capacity.
87 Nothing so done invalidated by defect in appointment or procedure.
88 Registration of documents executed by Government officers or certain public functionaries.
89 Copies of certain orders, certificates and instruments to be sent to registering officers and
filed.
Exemptions from Act
90 Exemption of certain documents executed by or in favour of Government.
91 Inspection and copies of such documents.
92 [Repealed.]
93 [Repealed.]
THE SCHEDULE.—[Repealed.]
Page 5 of 35
THE REGISTRATION ACT, 1908
1
ACT NO. XVI OF 1908
[18th December, 1908]
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the 2*Registration
Act, 1908.
(2) It extends to 3[the whole of Pakistan], except such districts or tracts of country as the
4
[Provincial Government] may5* * * exclude from its operation.
(3) It shall come 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 title, (if any)
of a person described,6 * * *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:
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
Proceeding in Council, see ibid.,1908, Pt. VI, pp. 148, 154 and 182.
This Act has been declared to be in force in Baluchistan by s. 3 of the British Baluchistan Laws Regulation, 1913, (2 of 1913).
It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated
Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499
It has been extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953), as
amended.
It has been extended to the Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953), as amended.
The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur
(Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.
It has been amended in Sind by the Transfer of Property and the Indian Registration (Sind Amdt.) Act, 1939 (Sind 14 of 1939) and the Indian
Registration (Amdt.) Act, 1946 (Sind 7 of 1946).
It has been amended in the Punjab by the Indian Registration (Punjab Amdt.) Act, 1941 (Punjab 8 of 1941).
It has also been applied to Phulera in the excluded Area of Upper Tanawal to the extent the Act is applicable in the N.-W.F.P., and has been extended
to the Excluded Area of Upper Tanawal other than Phulera by the N.-W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared
to be in force in that area with effect from the 1st June, 1951, see N.- W.F.P. Gazette Ext., dated the 1st June, 1951.
The Act, as in force in the North-West Frontier Province immediatly before the commencement of N.W.F.P. Regulation No. II of 1974, has been
applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area, by N.-W.F.P. Regulation No II of
1974, s.3.
2
The word “Indian” Omitted by A.O,. 1949.
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3 and 2nd Sch. (with effect from 14th October, 1955), for “all the
provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “the whole of British India”.
4
Subs. by A.O., 1937, for “L.G.”.
5
The words “with the previous sanction of the G.G. in C.” omitted by the Devolution Act, 1920 (38 of 1920), s. 2 and First Sch.
6
The words, comma and brackets “and, in the case of a native of [Pakistan] his caste (if any)” omitted by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with
effect from the 14th October,1955). The word in crochet was subs. by A. O., 1949, for “India”.
Page 6 of 35
[(2a) “co‑operative society” means a co‑operative society registered under the Co‑operative
1
Societies Act, 1912 (II of 1912), or under any other law for the time being in force relating to the
registration of co-operative societies :]
(3) “district” and “sub‑district” respectively mean a district and subdistrict formed under this
Act:
(4) “District Court” includes the High Court in its ordinary original civil jurisdiction:
(5) “endorsement” and “endorsed” include and apply to an entry in writing by a registering
officer on a rider or covering slip to any document tendered for registration under this Act:
[(6) “immoveable property” includes land, buildings, benefits to arise out of land and things
2
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
it 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:]
3
[(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:
3
[(9) “moveable property” means property of every description, except immoveable 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
Provided that the 4[Provincial Government] may, instead of making such appointment, direct
that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector‑General
shall be exercised and performed by such office or officers, and within such local limits, as the
4
[Provincial Government] appoints in this behalf.
1
Clause (2a) ins. by the Registration Act (Amdt.) Ordinance, 1961 (32 of 1961), s. 2.
2
Subs. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 2, for the original clause.
3
Subs. ibid.
4
Subs. by A. O., 1937, for “L. G.”.
Page 7 of 35
(2) Any Inspector‑General may hold simultaneously any other office 1[in the service of the
State].
5. Districts and sub‑districts.—(1) For the purposes of this Act, the 2[Provincial Government]
shall 3form 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 4[official Gazette].
(3) Every such alteration shall take effect on such day after the date of the notification as is
therein mentioned.
5
6. Registrars and Sub‑Registrars.— The 2[Provincial Government] may appoint such
persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and
to be Sub‑Registrars of the several sub‑districts, formed as aforesaid, respectively.
6
* * * * * * *
7. Offices of Registrars and Sub‑Registrars.—2(1) The 2[Provincial Government] shall
establish in every district an office to be styled the office of the Registrar and in every sub‑district an
office or offices to be styled the office of the Sub‑Registrar or the offices of the Joint Sub‑Registrars.
(2) The 2[Provincial Government] may amalgamate with any office of a Registrar any office
of a Sub‑Registrar subordinate to such Registrar, and may authorize any Sub‑Registrar whose office
has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any
of the powers and duties of the Registrar to whom he is subordinate:
Provided that no such authorization shall enable a Sub‑Registrar to hear an appeal against an
order passed by himself under this Act.
9. [Military Cantonments may be declared sub‑districts or districts.] Rep. by the Repealing and
Amending Act, 1927( X o f 1927), s. 3 and Second Schedule.
1
Subs. by A. O., 1961, Art. 2 and Sch. (with effect from the 23rd March 1956), for “under the Crown” which had been subs., by A. O., 1937, for “under Government”.
2
Subs. by A. O., 1937, for “L. G.”.
3
For Notifin. in respect of Sind, directing that the Province of Sind shall be divided into nine (9) Registration Districts, see Sind Govt. Gazette, 1954, Pt. I, p. 137.
For Notifin. of Registration Districts consisting of the sub-districts, see Sind Govt. Gazette, 1954, Pt. I, p. 513.
4
Subs. by A. O., 1937, for “local official Gazette”.
5
S. 6 has been amended in its application to the Province of Sind by the Indian Registration (Amdt.) Act, 1946 (Sind Act 7 of 1946), s. 2.
6
The proviso to s. 6, ins. by the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch. Pt. I, omitted by A. O., 1937.
7
The proviso to sub-section (1) of s. 8 ins. by the Indian Registration (Bombay Amdt.) Act, 1929 (Bom. 5 of 1929), s. 2, omitted by A.O., 1937.
Page 8 of 35
10. Absence of Registrar or vacancy in his office.___(1) When any Registrar, 1* * * 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 2[Provincial Government] fills up the vacancy.
3
* * * * * * *
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 4[the vacancy is filled up].
13. Report to Provincial Government of appointments under sections 10, 11 and 12.—(1)
5
* * * All appointments made under section 10, section 11 or section 12 shall be reported to the
2
[Provincial Government] by the Inspector‑General.
(2) Such report shall be either special or general, as the 2[Provincial Government] directs.
6
* * * * * * *
(2) The 2[Provincial Government] may allow proper establishments for the several offices
under this Act.
15. Seal of registering officers.— The several Registrars and Sub-Registrars shall use a seal
bearing the following inscription in English and in such other language as the 2[Provincial
Government] directs:___ “The seal of the Registrar (or of the Sub‑Registrar) of.”
16. Register‑books and fire‑proof boxes.—(1) The 2[Provincial Government] shall provide
for the office of every registering officer the books necessary for the purposes of this Act.
(2) The books so provided shall contain the forms from time to time prescribed by the
Inspector‑General with the sanction of the 2[Provincial Government], and the pages of such books
shall be consecutively numbered in print, and the number of pages in each book shall be certified on
the title-page by the officer by whom such books are issued.
(3) The 2[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.
1
The words “other than the Registrar of a district including a Presidencytown” omitted by A.O., 1949.
2
Subs. by A. O.,1937, for “L. G.”.
3
Sub-section (2) omitted, by A.O.1949.
4
Subs., by the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch.,Pt. I, for “the L. G. fills up the vacancy”.
5
The words “All appointments made by the InspectorGeneral under section 6 and”, ins. Ibid., were omitted by A. O..,1937.
6
Sub-section (3) of s. 13 and sub-section (1) of s. 14 relating to the suspension, removal, dismissal and remuneration of persons appointed under the Act
were omitted by A.O., 1937. These conditions of service are now regulated by rules under s. 241 (2) of the G. of I. Act, 1935.
Page 9 of 35
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
(XX of 1866), or the Indian Registration Act, 1871 (VIII of 1871), or the Indian Registration Act, 1877
(III of 1877), or this Act came or comes into force, namely:—
(a) instruments of gift of immoveable 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 immoveable property;
1
[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;]
1
[(ba) 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 upward, to or in
immovable property;]
(c) non‑testamentary instruments 3[(other than the acknowledgment of a receipt or
payment made in respect of any transaction to which an instrument registered
under clause (o) 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; and
(d) leases of immoveable property from year to year, or for any term exceeding one
year, or reserving a yearly rent;
4
[(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 immoveable property:]
Provided that the 5[Provincial Government] may, by order published in the 6[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 immoveable
property; or
1
Explanation added by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 3.
2
Ins. by the Registration (Amdt) Act, 2022 ( XXXVIII of 2022), s.2.
3
Ins.by the Registration (Amdt.) Ordinance, 1962 (45 of 1962) s.3.
4
Clause (e) ins. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21of 1929), s.10.
5
Subs. by A. O., 1937, for “L. G.”.
6
Subs. ibid., for “loca1 official Gazette”.
Page 10 of 35
(iii) any debenture issued by any such Company and not creating, declaring,
assigning, limiting, or extinguishing any right, title or interest, to or in
immoveable 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 immoveable 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 immoveable 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 1[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 2[except a decree or order expressed to be made
on a compromise and comprising immoveable property other than that which is
the subject‑matter of the suit or proceeding]; or
(vii) any grant of immoveable property by 3[the Government]; or
(viii) any instrument of partition made by a Revenueofficer; or
(ix) any order granting a loan or instrument of collateral security granted under 4*
* the Land Improvement Loans Act, 1883 (XIX of 1883); or
5
[(x) any order granting a loan under the 6[West Pakistan Agriculturist’s Act, 1958
(W.P Act XVII of 1958)], the Agricultural Development Bank Ordinance,
1961(IV of 1961), or
under any other law for the time being in force relating to the advancement of loans for agricultural
purposes, or any instrument under which a loan is granted by a co‑operative 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 7* * * ; or
(xii) any certificate of sale granted to the purchaser of any property sold by public
auction by a Civil or Revenue-officer 8[; or]
9
[(xiii) any counter-part of a lease, where the lease corresponding thereto has itself
been registered.]
1
Ins. by the Registration (Amdt) Act, 2022 ( XXXVIII of 2022), s.2.
2
Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 10, for “and any award”.
3
The word "Government" was first subs. by A. O., 1937, and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), to read as
above.
4
The words “the Land Improvement Act, 1871,” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second
Sch.
5
Subs. by the Registration Act (Amdt.) Ordinance, 1961 (32 of 1961) s. 3, for the original clause.
6
Subs. by Ordinance 27 of 1981, s.3 and Second Sch., for “Agriculturist’s Loans Act, 1884”.
7
The words “when the receipt does not purport to extinguish the mortgage” omitted by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 3.
8
Subs. ibid., for the full-stop.
9
Clause (xiii) added, ibid.
Page 11 of 35
1
[Explanation.___ A document purporting or operating to effect a contract for the sale of
immoveable 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.
2
[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.
(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.
1
Explanation ins. by the Indian Registration (Amdt.) Act, 1927, s. 2
2
Subs. by Ordinance 45 of 1962, s. 4, for the original section 18, as amended by the Indian Registration (Sind Amdt.) Act, 1939 (Sind Act 14 of 1939),
and the Indian Registration (Amdt.) Act, 1940 (33 of 1940), s. 2.
3
Subs. by A. O., 1937, for “L. G.”.
Page 12 of 35
(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
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.
1
[23A. Re-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 therefore 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 2[Pakistan] is
not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf,
the Registrar, in cases where the delay in presentation does not exceed four months, may direct that,
on payment of a fine not exceeding ten times the amount of the proper registration‑fee, such document
shall be accepted for registration.
1
S. 23A ins. by the Indian Registration (Amdt.) Act, 1917 (15 of 1917), section 2.
2
Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital
of Federation’ which had been subs. by A.O., 1949, for “British India”,
Page 13 of 35
(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith
forward it to the Registrar to whom he is subordinate.
26. Documents executed out of the Pakistan, etc. — When a document purporting to have
been executed by all or any of the parties out of 1[Pakistan] is not presented for registration till after
the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied—
(b) that it has been presented for registration within four months after its arrival in
1
[Pakistan],
may, on payment of the proper registration fee, accept such document for registration.
27. Wills may be presented or deposited at any time. — A will may at any time be presented
for registration or deposited in manner hereinafter provided.
PART V
provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) 4[,(d) and (e),
section 17, sub-section (2), and section 18, in so for as such documents affects immoveable 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.
5
[(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
29. Place for registering other documents.—(1) Every document 6[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 7[Provincial Government] at which all the persons executing and
claiming under the document desire the same to be registered.
1
Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital
of Federation’ which had been subs. by A.O., 1949, for “British India”,
2
This section has been amended in its application to the Province of Sind by the Transfer of Property and the Indian Registration (Sind Amdt.) Act, 1939 (Sind 14 of 1939).
3
Renumbered by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 4.
4
The original words “and (d) and section 18, clauses (a), (b) and (c)”. have successively been amended by the Indian Registration (Amdt.) Act, 1940 (33 of 1940), s. 3 and
Ordinance 45 of 1962, s. 5, to read as above.
5
Sub-section (2) added by Ordinance 45 of 1962, s. 5.
6
Subs. by the Repealing and Amending Act, 1940 (32 of 1940), s. 3 and Second Sch., for “other than a document referred to in section 28, and a copy of
a decree or order”.
7
Subs. by A. O.1937, for “L.G.”.
Page 14 of 35
(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 immoveable property, in the office of any other Sub-Registrar under the 1[Provincial
Government] at which all the persons claiming under the decree or order desire the copy to be
registered.
30. Registration by Registrars in certain cases.—(1) Any Registrar may in his discretion
receive and register any document which might be registered by any Sub-Registrar subordinate to him.
2
[(2) Notwithstanding anything contained in section 28 any Registrar may receive and register any
document without regard to the situation in any part of Pakistan of the property to which the document
relates if he is satisfied that there is sufficient cause for doing so.]
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
32. Persons to present documents for registration.— Except in the cases mentioned in 4* *
* section 89, every document to be registered under this Act, whether such registration be compulsory
or optional, shall be presented 5* * *,—
(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
1
Subs. by A. O.1937, for “L.G.”.
2
Subs. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 6, for the original sub-section (2) as amended by A.O., 1949, the Registration
(Amdt.) Act, 1950 (69 of 1950), s.2. the Registration (Amdt). Act, 1957 (1 of 1958), s. 2 and the Central laws (Statute Reform) Ordinance, 1960 (21 of
1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955)
3
Subs. by Ordinance 45 of 1962, ss. 6 and 7, for “In Ordinary cases the registration or deposit of documents under this Act, shall”.
4
The words and figures “section 31 and” omitted ibid., s. 8.
5
The words “at the proper registrationoffice” omitted, ibid.
Page 15 of 35
33. Power-of attorney recognizable for purposes of section 32.—(1) For the purposes of
section 32, the following powers-of-attorney shall alone be recognized, namely :—
(a) if the principal at the time of executing the power-of-attorney resides in any part
of l[Pakistan] in which this Act is for the time being in force, a
power-of-attorney executed before and authenticated by the Registrar or
Sub-Registrar within whose district or sub district the principal resides;
(b) if the principal at the time aforesaid resides in any other part of l[Pakistan], a
powerof attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in l[Pakistan] a
power-of-attorney executed before and authenticated by a Notary Public, or any
Court, Judge, Magistrate, 2[Pakistan] Consul or Vice-Consul or representative
of 3* * * the 4[Federal Government]:
Provided that the following persons shall not be required to attend at any registration-office 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
(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 office or Court
aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or
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 of it to have been executed before and authenti-
cated 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:
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960. (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces
and the Capita! of the Federation” which had been subs. by A O.,. 1949., for “British India”.
2
Subs. by A. O., 1961, Art. 2 and Sch. for “British” (with effect from the 23rd March, 1956.).
3
The words “His Majesty or of” omitted ibid (with effect from the 23rd March, 1956).
4
Subs. by F. A. O. 1975, Art. 2 and Table, for “Central Government”. which was subs. by A.O., 1937, for “G. of 1”.
Page 16 of 35
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.
(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 a
Sub- Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
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
(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:
Page 17 of 35
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in
Part XII :
1
[Provided further that the 2[Provincial Government] may, by notification in the 3[official
Gazette], declare that any Sub-Registrar named in the notification shall, in respect of 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
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. Persons 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
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.
1
Proviso ins. by the Indian Registration (Amdt.) Act, 1926 (13 of 1926), s.2.
2
Subs. by A. O., 1937, for “L. G.”
3
Subs. ibid. for “local official Gazette”.
Page 18 of 35
PART VIII
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;
(c) that the person presenting the will or authority is, under section 40, entitled to
present the same.
_______
PART IX
l
[DEPOSIT AND DISPOSAL OF WILLS]
42. Deposit of wills.— 2[(1)] Any testator may, either personally or by duly authorized 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.
3
[(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.— 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.
1
Subs. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 9, for “OF THE DEPOSIT OF WILLS”.
2
Re-numbered, ibid., s. 10.
3
Sub-section (2) added ibid.
Page 19 of 35
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 authorized
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 l[and then deliver the deposited will to the nominee of the testator or his representative].
2
[(2) If, in respect of any will deposited, no steps are taken by the testator or other person under
section 44 or sub-section (1) of this section, the Registrar shall follow the procedure hereinafter
provided for the disposal of such will or sealed cover.]
(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.
5[46A.Destructionof 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 the
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.]
1
Added by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 11.
2
Subs. ibid, for the original sub-section (2).
3
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and Second Sch., for “259 of the Indian Succession Act,
1865”.
4
The words “of section 81 of the Probate and Administration Act, 1881,” omitted ibid., s.2 and Second Sch.
5
Section 46A, ins. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 12.
Page 20 of 35
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 moveable or immoveable 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 l[and the same constitutes a valid transfer under any law for the time being
in force:
Provided that a mortgage by deposit or title-deeds as defined in section 58 of the Transfer of
Property Act, 1882 (IV of 1882), shall take effect against any mortgage-deed subsequently executed
and registered which relates to the same property].
2
[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
immoveable property, or
1
Ins. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 10.
2
Subs. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 13, for the original section 49, as amended by Act 21 of 1929, s. 10.
3
Subs. by Ordinance 45 of 1962, s. 14, for “and clauses (a) and (b) of section 18”.
4
Subs. ibid., for the full-stop.
5
Provisos added, ibid.
Page 21 of 35
__
Certain
documents.
section
50. 17, (1)registered documents
Every document relating
of the to land to intake
kinds mentioned effect(a),
clauses against
(b), (c)unregistered
and (d) of
(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 No. XVI of 1864 or the Indian Registration Act, 1866 (XX
of 1866), 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 (VIII
of 1871), or the Indian Registration Act, 1877 (III of 1877), or this Act.
______
PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections
17, 18 and 89 which relate to immoveable property, and are not wills.
(3) In Book 4 shall be entered all documents registered under 1* * * section 18 which do not
relate to immoveable property.
(4) Nothing in this section shall be deemed to require more than one set of books where the
office of the Registrar has been amalgamated with the office of a Sub-Registrar.
2
[(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 (I of 1872), 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.]
1
Thewords and brackets “c1auses of (d) and (f)” omitted by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s.15.
2
Sub-section (5) added ibid.
Page 22 of 35
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 the 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 1, 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. III 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.
1
[(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 (I of 1872), 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 or portion prepared as
aforesaid.]
1
Sub-section (7) added by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 16.
Page 23 of 35
56. [Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and
filed.] Rep. by the Indian Registration (Amendment) Act, 1929 (XV of 1929), s. 2.
57. Registering officers to allow inspection of certain books and indexes, and to given
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 Indexes 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) the signature and addition of 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 endorsements made under sections 52 and 58, relating to
the same document and made in his presence on the same day.
Page 24 of 35
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.
(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.
(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.
(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 he is acquainted, and, if he
admits 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.
64. Procedure where document relates to land in several sub-districts. Every Sub-Registrar
on registering a non-testamentary document relating to immoveable property not wholly situate in his
own sub-district shall make a memorandum thereof and of the endorsement and 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.
Page 25 of 35
65. Procedure where document relates to land in several districts.—(1) Every
Sub-Registrar on registering a non-testamentary document relating to immoveable 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-Registrar 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.
(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 his 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).
Page 26 of 35
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 1[Provincial Government], and shall have power from time to time to make rules2
consistent with this Act—
(a) providing for the safe custody of books, papers and documents 3* * *;
(b) declaring what languages shall be deemed to be commonly used in each district;
(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 registrationoffices ; and
(2) The rules so made shall be submitted to the l[Provincial 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.4
5
[PART XI-A
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.
1
Subs. by A. O., 1937, for “L. G.”.
2
For rules under this section, see the different local R. and O.
3
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 (5 of 1917), s. 6 and Sch.
4
For Part XIA: Of the Copying of Documents by means of Photography, ins. for Bombay Presidency, see the Indian Registration (Bombay Amendment)
Act, 1930 (17 of 1930), s. 3. The proviso to s. 70B of that Part was omitted by A. O., 1937.
5
New Part XIA ins. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 17.
Page 27 of 35
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 Provincial 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.
(2) On the issue of such notification it shall be translated into 1 * * * Urdu, 1* * * 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___
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:
The words “Bengali in the case of the Province of East Pakistan, and in” and “in the case of the Province of West Pakistan,” omitted by F.A.O. 1975,
1
Page 28 of 35
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 sewnor 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;
(c) the words “according to the order of its admission” occurring in clause(c) of
sub section(1) of section 52 shall be omitted;
(e) in subsection (1) of section 60 the words “and page” shall be omitted;
(ii) for the words and figures “copy referred to in section 19” the words
“photograph of the original” shall be substituted.
Page 29 of 35
70-F. The Inspector-General may, with the previous approval of the Provincial 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
(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.
(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—
(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.
Page 30 of 35
75. Order by Registrar to register and procedure thereon.—(1) If the Registrar finds that
the document had 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).
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 un-
necessary 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 [:]1
2
[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.
1
Subs. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 18, for full-stop.
2
Proviso added ibid.
Page 31 of 35
PART XIII
(a) for the registration of documents 4[not exceeding one percent of the value of
property conveyed];
(i) for such other matters as appear to the 2[Provincial Government] necessary to
effect the purposes of this Act [:]5
5
[Provided that the Federal 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.
1
The words “Subject to the control of the G.G in C.” omitted by the Devolution Act, 1920 (38 of 1920), s. 2 and First Sch.
2
Subs. by A. O., 1937, for “L. G.”.
3
For table of fees issued by the Provincial Governments, see local R. and O.
4
Added by Act IV of 1999, s. 28.
5
Subs. and added by the Financial Services (Amdt. of Laws) Ordinance, 1984 (57 of 1984), s. 2 and Sch.
Page 32 of 35
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 or knowing it to be likely that he may thereby cause, injury, as defined in the Pakistan Penal
Code (XLV of 1860), to any person, shall be punishable with imprisonment for a term which may
extend to seven years, or with fine, or with both.
82. Penalty for making false statements, delivering false copies or translation, false
personation, and abetment. Whoever—
(a) intentionally makes any false statement, whether on oath or not, and whether it
has been recorded or not, before any officer acting in execution of this Act, in
any proceeding or enquiry under this Act; or
(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, or does any other act in any proceeding or enquiry
under this Act; or
(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 (XLV of 1860), the words “judicial proceeding”
shall be deemed to include any proceeding under this Act.
1
The words “the Branch Inspector General of Sindh” omitted by A.O., 1937.
Page 33 of 35
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.
Page 34 of 35
(4) Every Revenue-officer granting a certificate of sale to the purchaser of immoveable
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.
(b) documents and maps 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 officers charged with
the preparation of village records ; or
(e) notices given under section 74 or section 76 of the 1[Sind Land Revenue Code,
1879 (Sind Act V of 1879)], of relinquishment of occupancy by occupants, or
of alienated land by holders of such land.
(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 2[Provincial Government] prescribes in this behalf, all documents and
maps mentioned in section 90, clauses (a), (b), (c) and (e), 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.
93. [Repeals.] Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Schedule.
1
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for “Bombay Land Revenue Code, 1879”.
2
Subs. by A. O., 1937, for “L. G.”.
Page 35 of 35