Notes Of Registration Act 1908( Act XVI of 1908)

1.      The Registration Act 1908 (Act XVI of 1908) as amended upto date.

Book Recommended:

1.      The Registration Act, 1908 by Mian Ghulam Hussain.

Registration does mean entry in official record in the office authorized by government.

Definitions: Following are the definitions prescribed in this Act:

1.      “Addition” means the place of residence and the profession, trade, rank, and the title (if any) of a person described, and his father’s name etc.

2.      “Book” means portion of a book or additional sheets forming book.

3.      “District Court” includes High Court.

4.      “Endorsement” and “Endorsed” includes application of entry.

5.      “Immovable Property” includes land, buildings, benefits to arise out of land, things attached to the earth, or permanently fastened to any thing attached to the earth, hereditary allowances, rights to way, 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 in future.

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

6.      “Lease” includes counterpart and an undertaking to cultivate or occupy.

7.      “Minor” means a person who according to the personal law, to which he is subject, has not attained majority.

8.      “Movable Property” means property of every description, except immovable property.

9.      “Representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.

Every document, which is presented for registration, will not be considered registered unless it is duly sealed or stamped and written in English or other provincial language. All record of registration shall be kept in fireproof boxes to prevent from any damage.

Document of which registration is compulsory: There are certain documents registration of which is compulsory under Registration Act. Following are documents registration of, which is compulsory:

1.      Gift: Instrument of gift of immovable property.

2.      Other non-testamentary instruments: There are the instruments which operates to creates, declares, assigns, limits, or extinguishes, whether in present or future, any right, title, or interest, whether vested or contingent. Value of such immovable property should be equal or more than Rs. 1,000/-.

3.      Non-testamentary instruments: It includes all non-testamentary instruments other than acknowledgement of a receipt or payment made in respect of any transaction.

4.      Lease: Lease must be get registered if it crosses or touches the limit of a year. It includes lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent.

5.      Court’s award or decree: Such instrument which creates, declares, assigns, limits, or extinguishes, whether in present or future, any right, title, or interest, whether vested or contingent. Its value should be equal or more than Rs. 1,000/-. It should be immovable property.

Sec17 of the Registration Act also includes the list of documents, registration of, which is not compulsory as Provincial Government may exempt them. Detail is as follows:

1.      Any composition deed:

2.      Property in consideration of shares: Where any immovable property consists on shares in a Joint Stock Company.

3.      Debentures: If they are issued by Joint Stock Company which do not create, declare, assign, limit, extinguish any right, title, or interest in immovable property.

4.      Endorsement on debentures: Any endorsement or transfer of any debenture issued by any Joint Stock Company.

5.      Document to obtain document: Any document not itself create or assign right or title but used to obtain another document for creation of right is not necessarily register-able.

6.      Compromising order or decree of Court: Decree or order obtained from Court on the base of compromise in immovable property does not require registration.

7.      Grant of crown: Any grant of immovable property by the crown.

8.      Revenue related instrument: Revenue Officer issues such type of instruments, which are not register-able.

9.      Loan granting instrument: It is issued under Land Improvement Act and is not liable to register.

10.  Endorsement on mortgage: Its registration is also not necessary.

11.  Auction sale: Certificate of sale, issued by Revenue Officer after public auction does not require registration.

Documents of which registration is optional: All the documents, which are not required to be registered u/s 17, may also be registered. They are optionally register-able under this Act.

Language of registered documents: Documents must be in language understandable by the competent authority. If it is in alien language then true copy of its translation must be accompanied along-with original one.

Rectification in documents: All rectifications made in documents are required to countersign by all the parties and attestation authority.

Description of property: Document should bear complete description of property and also maps and plans, if necessary.

Time for presentation of documents for registration: Document should be presented for registration within four months from the date of execution. Execution means when it becomes final in all respects.

Several executors: If more than one, persons execute the document; it must be presented on each execution. Any document, which is executed in abroad, shall be deemed executed when the person comes in Pakistan.

Time barred documents: Time barred document can be got registered after making reasonable justification and payment not exceeding ten times.

Registration of Will: A Will may at any time be presented for registration or deposited.

Place of registering document relating to land u/s 28: Sub-Registrar is not competent to register the document of property, which is not situated in his jurisdiction. Document must be presented in the office of Registrar.

Physical receiving of document by Sub-Registrar is immaterial. Just receiving in his office is sufficient. His place of office must be officially designated. Presentation of document at private residence is not valid. Where office and residence are situated at same place, then document must be presented in the portion, which is declared as office.

Registry officer may inspect site and go to the house of executing and may register document. It is valid registration. Jurisdiction of Sub-Registrar arises where property or its portion either smaller or larger is situated. 

Place for registering other documents u/s 29: All the documents registration of which is not related to land can be presented for registration in the office of Sub-Registrar in whose sub-district the document is executed. It also may be presented in any office of Sub-Registrar where all the executants and claimant desire the same to be registered.

Order of Court or decree may be presented in the office of Sub-Registrar for registration in whose sub-district order or decree is passed or where the same does not affect immovable property or where claimant under such order or decree desire the copy to be registered.

Registration by Registrar in certain cases u/s 30: Registrar is empowered to receive and register any document for which his subordinate Sub-Registrar is competent to register the document. He is no more liable to record the reasons of received and registering the document.

Registrar is also empowered to receive and register the document without regard the situation of property in any part of Pakistan. Mere situations in any part of Pakistan are sufficient for registration. His satisfaction is sufficient to do so.

U/s 30 (2) time limitation for registration is four months after the execution of document.

Registration or acceptance for deposit at private residence u/s 31: Ordinary documents are allowed for registration at the office of either Sub-Registrar or Registrar or at the residence of executing place. Person other than executing or claimant may also apply for registration at his own residence. Restrictions on ordinary cases are not applicable in extra-ordinary cases, thus registration in an ambulance, courtyard, train, at railway station or on journey, when there is a necessity, is not invalid.

Who can present document for registration u/s 32: This section prevents the persons to present document for registration who are not directly or indirectly relevant for presentation of document. It closes the door of fraud and forgery.

Following are the persons who are allowed to present document for registration:

1.      A person who is executant or claims under the same document or who is claimant under the decree or order of Court.

2.      Representative or assign of executant or claimant.

3.      Agent, assign, or representative of executant or claimant who has power of attorney

General rules regarding the presentation of document for registration:

1.      Servant of mortgagee may present mortgage deed in the presence and assents of mortgagor.

2.      Unauthorized person cannot present document and if so, Registrar is obliged to refuse its registration.

3.      Executant or claimants are the persons who actually execute or claim. It excludes the persons who are mere party on the face of document.

4.      Principal who acts more as an agent is not executant.

5.      Mere signing the document does not make person executant but signing person should be the actual person entered into an obligation.

6.      Execution of a document for a person residing outside Pakistan, even under the power of attorney is not a person who executes the document.

7.      Natural father can present document for registration if adopting father dies before the registration of document.

8.      Legal heir or representative can present document for registration where executant dies before the document is registered.

9.      For the purpose of registration of gift, only donee is competent person for presentation of document even after the death of donor and without consents of deceased’s representative.

10.  Mere copy of decree or order is quite enough for registration and not original one.

11.  Minor who is claimant can present document for registration.

12.  One executant from more can present document for registration.

Power of attorney recognizable u/s 33: This section lays down the rule regarding power of attorney.

Following are the general rules for granting such power:

1.      Person so granting must be residing in any part of the Pakistan and residence means a place where person physically resides, sleeps, and eats.

2.      Office of the Sub-Registrar or Registrar within whose district or such district principal resides are the places for the execution of such power.

3.      Principal who resides outside Pakistan at the time of execution of power of attorney cannot get document registered through agent.

Exemption to attend office of registration: Exemption from attending the registration office is valid if the legal procedure is adopted.

Following persons are exempted:

1.      Person suffering from bodily infirmity: Registration Officer must satisfy himself that the person claiming exemption is obviously the suffering person. He has to go his place of residence.

2.      Person who is in jail: Prisoner cannot present himself in the registration office being confined on any ground. Registry officer has to attend him in the place confined.

3.      Exemption by law: Persons who are exempted to appear before registration officer need not to appear personally. Pardanashin lady is one of example who is exempted by law to appear personally before Registrar. Registrar has to approach at her residence to satisfy himself regarding the execution of document.

Enquiry before registration by Registering Officer u/s 34: Time limit for the presentation of document for registration is four months. In case delay which is not later then four months, document can be got registered with payment of fine upto ten times and registration fee. Where more than one person are executants, each one is required to present document within four months after such execution. Person who executes document in outside Pakistan may present document for registration within four moths after his arrival in Pakistan.

Registering Officer shall do:

1.      Enquiry whether the executant is original one.

2.      Satisfy himself whether the alleging person is executant one.

3.      Whether alleging person has right to appear.

Procedure of admission and denial of execution u/s 35: This section lays down the rules regarding the procedure of admission and denial of execution of document. Execution does mean for the purpose of registration is signing or affixing a mark on document.

Following is the procedure for registration of a document:

1.      If executant appears personally before the registering officer and is personally known to him or if he is satisfied he is the original one who have executed the document.

2.      If personal appearing of a representative, assign, or agent admit the execution.

3.      If assign or representative admits execution in personal appearance.

Registry officer shall register the document. Registering officer may also examine any alleging executant or representative in his office to satisfy himself.

Registering officer may refuse to register the document on the following grounds:

1.      Person who seems to be executant denies its execution.

2.      If the person appeared is minor, idiot, or lunatic.

3.      If the actual person has been died and his representative or assign denies its execution.

Enforcing the appearance of executants and witnesses u/s 36: Registering officer may desire the appearance of any person whose presentation may help in registration of document. Presenter or claimant capable may ask for presence of the persons whose presence is seemed necessary. Person so required may appear in person or by duly authorized agent at the time given in summon. U/s 37 summons for personal appearance is conditioned with the receipt of peon’s fee.

S. 38 exempts the persons from personal appearance such as person unable by reason of bodily infirmity and person who is in jail by any reason and person exempted by law. In any case, registering officer has to go himself to the house where he resides or to the jail in which he is confined, and examine him.

Entitlement for the presentation of Wills: Following are the persons entitled to present and deposit the Wills:

1.      Testator may present Will for registration.

2.      After death of testator any executor or otherwise under a Will may present Will for registration.

3.      Donor may present it for registration.

4.      After death of donor, donee may present Will.

5.      Adopted son may also present it.

To whom it may be presented: There are two authorities to whom Will can be presented for registration as follows:

1.      It can be presented to Registrar.

2.      Also it can be presented to Sub-Registrar.

Essentials for presentation of Will: Three tests are essential for the person so presenting:

1.      Will must be executed by the testator or donor.

2.      Either donor or testator has been died.

3.      Presenters are so entitled under this law.

Deposit and disposal of Wills: Wills, are presented in sealed envelope for registration and its contents are remained concealed until death of person is occurred. Registration authority deliver this Will to person in whom favour it was made. Registrar enters the Will in Register No. 5 along-with date, year, time, and the names of testators. Registrar keeps such document in fireproof box

Will can be withdrawn by the actual or authorized person. Registrar satisfies and delivers the cover accordingly.

After the death of testator, the person who applies as heir can get the document. Registrar after satisfaction opens the sealed cover and enters its contents in Register No. 3 and the name of applicant as well.

Duties and powers of registering officers: Registering officer has certain duties and powers such as:

1.            Keeping several books: He shall keep certain books for the entry of different records. Categorization of books is as follows.

1.      Book – 1: It is used to record particulars of immovable property nature of that are non-testamentary. Its records determine the immovable property.

2.      Book – 2: Reasons of the refusal of all registrations are put in this book. Mere refusal is insufficient.

3.      Book – 3: Where Wills are presented for registration, Book – 3 is used for their record. Although registration of Wills is optional but as soon they are presented for registration, Book – 3 is used for registration.

4.      Book – 4: It is used for miscellaneous entries of all the optional registries relating to moveable property.

5.      Book – 5: It is used for deposit of Wills.

Person who presents the document for registration has no concern whether where it is recorded. If entry is made in wrong register or book, registration shall be invalid being the registration officer liable. But where entry relating to Book – 1 is recorded in book – 4 shall be considered valid.

2.            Registration of documents: When document is presented for registration, the registering officer is required to register the document in manner as provided in this law. He gets signatures of all executors and also endorses day, hour, and place of such presentation.

3.            Issuance of receipt: Registering officer issues receipts to all the executors.

4.            Record in relevant books: As soon as, any document is admitted for registration, it is required to be entered in relevant book.

5.            Numbering: All entries are assigned numbers and numbers are allocated in a series disregarding the entry in any book. Fresh series is commenced in beginning of year and terminates at the end of year.

6.            Indexation: Index is prepared of all the entries in all books in practicable manner immediately after registration and copy of contents. Index – 1 contains names and additions of the executories and claimants. Index – 2 contain particulars for which Inspector General directs time to time. Index – 3 includes executories of Wills, and Index – 4 contains names and additions of executories and claimants.

7.            Inspection of books: Books are kept open for inspection for any person who applies to inspect the books.

8.            Particulars of admitted documents: All the documents are endorsed except the decree of Court or a copy sent to registering officer.

9.            Certificate of registration: After the document has been endorsed, registering officer endorses registration certificate putting number and page of book, signature, seal, date, the word “registered”.

10.        Return of documents: As soon as endorsement and all other formalities are completed, documents are returned to the person who presents them.

11.        Translation of document: Where document is presented for registration language of which is not understandable to the officer concerned is required to be translated and original copy is put together with translation.

12.        Oath of translator: Registering officer may obtain oath of the translator as to its truth.

13.        Scattered property in sub-districts: Where property under registration is scattered in different registration zones, Sub-Registrar makes its report and sends it to all concerned Sub-Registrars.

14.        Scattered property in districts: Above procedure is adopted by Registrar where property is scattered in different districts.

15.        Registration of non-testamentary immovable property: Registrar forwards a copy of memorandum to his subordinate Sub-Registrars where registered property situates.

Refusal of registration: There are certain reasons on which Sub-Registrar refuses to register documents. He has no power to refuse to register document, which fulfills all of its requirements, and come within his jurisdiction. Effect and procedure can be described as follows:

1.      Record of reasons: Sub-Registrar cannot refuse to register document, which fulfills all of its requirements. He may refuse registration where property under question does not situate within his sub-district. When he refuses to register the document on the reasons other than out of jurisdiction, he is obliged to mention reasons of such refusal in Book – 2 and endorse the words “registration refused” on the document and on application presented. He is also obliged to provide the copy of reasons of refusal without delay and payment.

If an application lodged for con-donation of delay and Registrar refuses it, must record the reasons of such refusal.

Lawsuit cannot be instituted where procedure for registration is followed, and if so filed, it is dismissed.

2.      Appeal to Registrar: Document can be refused to register on the ground of denial of execution. Appeal cannot be made to Registrar against such refusal. Except this, all refusals can be challenged before Registrar to whom Sub-Registrar is subordinate. Registrar is liable to alter or reverse the order of Sub-Registrar within thirty days from the date of the order. Sub-Registrar is obliged to register the document against which Registrar orders to register, if document is presented within thirty days after making such order. Effect of this registration shall be same as it was first duly presented for registration.

Non-appearance is sufficient for the refusal of registration. Refusal to accept document amounts refusal to register.

3.      Denial of execution: An application against the order of Sub-Registrar can be forwarded to Registrar where he refuses registration on the ground of denial of executant or assign or representative. The aforesaid persons should be the persons purported (supposed) to be person executant. Presentant may apply to Registrar of original jurisdiction within thirty days after passing order of refusal, to establish his right of registration. Written application should accompany the copy of reasons recorded and the verification of applicant as required under this law.

4.      Registration on application: Whenever Registrar feels convenient may enquire two things before making any decision on the applications against refusal of registration. His enquiry includes:

1.      He shall enquire whether document has been executed.

2.      Whether the requirements of law have been complied with. Such compliance should be done by the applicant as who comes to equity must come with clean hands. Enquiry cannot be extended as to document under question valid or consideration has been paid. Enquiry is confined upto two areas only. Evidence is not required to reach conclusion.

5.      Order of registration: If Registrar satisfies that all the formalities have been completed and requirements of law have been fulfilled, he makes an order for the registration of such document.

This document is to be duly presented to registering officer within thirty days after passing such order. Registration officer is liable to register the document in accordance with law. Effects of this registration shall be same as presented duly at first time.

Registrar may call witness for evidence when he acts as Civil Court.

Witnesses are called where cost of such kind of enquiry is paid or it is recoverable.

6.      Order of refusal by Registrar: Registrar may refuse to pass order for registration on application. The ground of refusal may be that property is not situated in his district of jurisdiction or document should be presented for registration in office of Sub-Registrar or other reasons under § 72 & 75 of this law. He is obliged to record the reasons of refusal in Book – 2. He is also bound to provide copy of refusal without any delay to applicant or presentant. He has to also mention of such refusal on application made. Refusal of Registrar u/s 72 & 76 is not maintainable for review.

7.      Suit against refusal of Registrar: Where Registrar refuses to pass order for registration of document, applicant may institute suit in Civil Court within thirty days of refusal. Case should be instituted in the Court of original jurisdiction where property situates. Court issues decree directing to register document.

Effects of non-registration of documents required to be registered: All the documents, which are required to be registered, and actually they are not got registered, have following effects:

1.      Operation of creation: Document, which is required compulsory registration, operates to create any right presently or in future. If such document is not got registered it shall not operate to create any right neither in present nor in future.

2.      Declaration of right: Non-registration of documents effects the declaration of right. Right remains incomplete and its remedy stands inoperative.

3.      Assigning of right: Sales of goods assigns right to other person. But where sale of immovable property exceeds from Rs. 1,000/- and it is not got registered, it shall not be acceptable as assignment of right. It shall lose right of assigning.

4.      Limits and extinction of right: Where any right is limited or extinguished by an act of registration, it must be got registered. Its non-registration renders it stands there where it was before transaction.

5.      Vested title or interest: Where all the conditions have been fulfilled to acquire title or interest, but the title or interest is not got registered, remains it unvested title or interest.

6.      Contingent title or interest: Where any title or interest is created upon the occurrence of any event or incident, does not converts it into vested right or interest where it is unregistered.

7.      Non-registration as evidence: Documents, which are compulsorily register-able, remain non-acceptable in Court if they remain unregistered. Transfer of immovable property under unregistered contract of sale does not confer any title to transferee or on person found to be in possession of property.