Syllabus Revision Program by Islami Jamiat Talba,

For Batch 19-24,

Punjab University Law College.

Subject: Transfer of Property Law (LL.B Part IV)

REGISTRATION ACT 1908

Registration of documents:

Introduction:

Registration of documents is the legal process to ensure the title to something and prove its
ownership in case of any contradictions raised by people. Through registration people confirm
their rightful ownership towards a moveable or immoveable thing or any agreement that
happened with the multilateral or bilateral concerns of the interested parties. It is an authentic
document that can not be challenged in any case and serves as cumulative evidence towards the
claim of the interested parties.

Reference:

Section 17 and 18 of Registration Act 1908

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Meaning of term:

Registration is basically the process through which any document or instrument after proper
authentication is submitted to the sub-registrar or registrar of the district for registration, who is
appointed by the Provincial Government for this purpose.

Types of registrations:

There are two types of registrations.

i. Compulsory registration:

In case of compulsory registration, the citizens are obliged and duty-bound to register
such documents as defined in Section 17 of the Act to claim any part or full performance
of an agreement and damages or compensation if contrary happens.

ii. Optional registration:

Such agreements or contracts that don’t require any registration to enforce them legally.

Compulsory registration:

Following are the documents for which compulsory registration is required:

i. Gift
a instruments of gift of immovable property.
ii. Non-testamentary documents
b Any non-testamentary instruments which purport or operate to create, declare, assign,
limit or extinguish, whether in present or in future, any right, title or interest, whether
vested or contingent, of the value of one hundred rupees and upwards, to or in immovable
property.

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.

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 bb) An instrument which grants power to an attorney, or which constitutes an agreement
to create, declare, assign, limit or extinguish, by way of sale, any right, title, or interest of
the value of one hundred rupees and upwards, to or in immovable property.

iii. Power of attorney

c Non-testamentary instruments other than the acknowledgement of a receipt or payment
made in respect of any transaction to which an instrument registered under [clause (b)]
relates which acknowledge the receipt or payment of any consideration on account of the
creation, declaration, assignment, limitation, or extinction of any such right, title or
interest.
iv. Lease

(d) leases of immovable property from year to year, or for any term exceeding one year, or
reserving a yearly rent; and

v. Court decree

(e) non-testamentary instruments transferring or assigning any decree or order of a Court or

any award when such decree or order or award purports or operates to create, declare, assign,
limit or extinguish, whether in present or in future, any right, title or interest, whether vested
or contingent, of the value of one hundred rupees and upwards, to or in immovable property:]

Optional registration: Section 18

The documents that are not required to be registered under Section 17 may also be registered
under this Act.

Provided that the Government may, by order published in the 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) of Section 17 applies to–

i. Composition deed

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 (i) any composition deed; or

ii. Shares in stock market

(ii) any instrument relating to shares in a Joint Stock Company, notwithstanding that the
assets of such Company consist in whole or in part of immovable property; or

iii. Debentures

(iii) any debenture issued by any such Company and not creating, declaring, assigning,
limiting or extinguishing any right, title or interest, to or in immovable property except in so
far as it entitles the holder to the security afforded by a registered instrument whereby the
Company has mortgaged, conveyed or otherwise transferred the whole or part of its
immovable property or any interest therein to trustees upon trust for the benefit of the holders
of such debentures; or

iv. Endorsements

(iv) any endorsement upon or transfer of any debenture issued by any such Company

v. Power of attorney

(v) any document not itself creating, declaring, assigning, limiting or extinguishing any
right, title or interest of the value of one hundred rupees and upwards to or in immovable
property, but merely creating a right to obtain another document which will, when executed,
create, declare, assign, limit or extinguish any such right, title or interest 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. Court decree

(vi) any decree or order of a Court except a decree or order expressed to be made on a
compromise and comprising immovable property other than that which is the subject-matter
of the suit or proceeding.

vii. Grants

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 vii) any grant of immovable property by the Federal Government or the Provincial
Government or

viii. Partition of land

(viii) any instrument of partition made by a Revenue-officer.

ix. Instrument of collateral security

(ix) any order granting a loan or instrument of collateral security granted under the Land
Improvement Loans Act, 1883or

x. Loan

x) Any order granting a loan under the Punjab Agriculturists’ Loans Act 1958 the
Agricultural Development Bank Ordinance, 1961or under any other law for the time being in
force relating to the advancement of loans for agricultural purpose, or any instrument under
which a loan is granted by a cooperative society for any such purpose, or any instrument
made for securing the repayment of a loan so granted; or] (xi) any endorsement on a
mortgage deed acknowledging the payment of the whole or any part of the mortgage money,
and any other receipt for payment of money due under a mortgage.

xi. Certificate by auctioneer

xii) any certificate of sale granted to the purchaser of any property sold by public auction
by a Civil or Revenue officer,

xii. Counterpart of a lease

xiii) any counterpart of a lease, where the lease corresponding thereto has itself been
registered.

Explanation. – A document purporting or operating to effect a contract for the sale of

immovable property shall not be deemed to require or ever to have required registration by
reason only of the fact that such document contains a recital of the payment of any earnest-
money or of the whole or any part of the purchase-money.]

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xiii. Adoption

(3) Authorities to adopt a son, executed after the first day of January, 1872, and not
conferred by a will, shall also be registered.

Importance of registering documents:

There is certain importance of registration of documents as per the Registration Act, 1908 which
are as follows:

• Authenticity

It provides authenticity and validity to a document.

• Protection from fraud

The use of registered documents aids in protection from fraud and misappropriation.

• Conclusive evidence

Registered documents can also be used as legitimate court evidence.

• Legal action

It acts as valid proof in a court of law which aids a person in taking a legal action during any
kind of dispute.

• Transparency

Registered document ensures transparency in deals.

• Investigation

If the document is registered, it becomes easier to find out if there’s any kind of dispute or
ongoing litigation about a property.

• Education of rights and duties

The Registration Act informs people about legal rights and duties emanating from or
impacting on a specific property.

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• Record

When a document is registered, it ensures its adequate retention and recording.

• Copy of documents

In case a registered document is lost, its copy can be accessed from the place where it has
been registered.

Case laws:

In the case of Narinder Singh Rao v. Av Mahinder Singh Rao

Narender’s father had left behind a will stating that his wife could inherit the property. The will
that was signed by a single witness wasn’t registered and the widow bequeathed the entire
property to one of her nine children. The aggrieved children challenged their mother’s action in
the court stating that the will was invalid and that they too had a right in their father’s property.
The Supreme Court held that the children had the right to inherit the property as the will was
invalid because it was not attested by two witnesses.

Disadvantages of non-registration of documents:

Section 49 of this act states that:

1. No document required to be registered under section 17 of this Act shall be valid for
creation, operation, declaration, limitation and assignment of any right, title or interest in
any immovable property unless it’s registered within the specified time period.

2. The document shall not confer any power to adopt.

3. The document cannot be received as evidence of any transaction affecting such property
or conferring such power.

When to register documents?

According to section 23 of this Act

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 1. No documents except will shall be allowed for registration unless it’s presented within
four months from the date of its execution. If the document is executed by several
persons at different times, then such document must be furnished for registration and re-
registration within four months from the date of each execution (s.24).

2. Section 25:

If any document executed or decree made is not presented for registration within the
prescribed time due to any unavoidable accident or urgent necessity, then the registrar may
direct to present such document for registration within four months with a payment of fine
not exceeding ten times the amount of registration fees. (s. 25). An application must be made
to the sub-registrar who shall forward it to the Registrar to whom he is the subordinate. If a
document, has been executed by any of the parties outside Pakistan for registration after the
expiry of the given time, then such document must be presented to the Registering Officer for
registration within four months after its arrival in Pakistan.

Place for registering documents relating to land:

According to section 28 of this Act all the documents in relation to immovable property must be
presented for registration in the Sub-registrar’s Office within whose sub-district the whole or part
of the property is situated. The officer may in special circumstances attend the residence of any
person who desires to deposit a will or present a document for registration (s.31).

Who can apply for registration?

According to section 32 of this Act

All documents to be registered under this Act must be presented at the proper registration office
by:

1. Some people executing or claiming under the same or in case of a copy of a decree or
order, claiming under the decree or order.

2. Representative of that person.

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 3. Representative or assignee of such person who is authorized by power of attorney
executed and authenticated in manner hereinafter mentioned.

4. Every person presenting any document shall affix his passport size photograph and
fingerprints to the document provided that such document is in relation to transfer of
ownership of immovable property. Photographs and fingerprints of both buyer and seller
of the property must be mentioned in the document.

5. A will or authority presented by the testator or the donor for registration shall be
registered in the same manner as any other document provided that:

i) the will was executed by the testator or donor,

ii) The testator or donor is dead,

iii) The person presenting the will or authority u/s 40 is permitted to present the same.

Conclusion:

Thus, registration of the documents mentioned in section 17 of this Act is compulsory and can’t
be entertained as legal evidence until and unless their record exists in the record of rights or
before the registrar. However, there are certain documents that are exception to section 17 i.e.,
their registration is optional, but they serve as a complete document in themselves.

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 Remedies against order of refusal of the documents by Registrar:

Introduction:

There are certain reasons on which Sub-Registrar refuses to register documents. He has no power
to refuse to register documents, which fulfil all its requirements, and come within his
jurisdiction. Effect and procedure will be described in the given question.

Reference:

Section 71-77 of Act

Term defined:

A sub-registrar is a public officer who have the right to refuse the registration of documents if he is not
satisfied with the validity of documents on various grounds. However, appeal against his refusal can be
filed in the court of registrar.

Refusal of the documents:

According to Section 71(1)

Every Sub-registrar refusing to register a document, except on the ground that the property to which it
relates is not situate within his sub-district, shall:

(1) Make an order of refusal and record his reasons for such order in his Book No.2,
(2) Endorse the words “registration refused” on the document.
(3) On application made by any person executing or claiming under the document, shall, without
payment and unnecessary delay, give him a copy of the reasons so recorded.
Provided that sec 17(2):

No registering officer shall accept for registration a document so endorsed unless and until, under the
provisions hereinafter contained, the document is directed to be registered.

Reasons of refusal:

Time limit:

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If Time-period within which the suit is to be filed has passed, then sub-registrar has a reasonable ground
to refuse the registration.

Location of property:

If the location of the property is not within the jurisdiction of the sub-registrar, he can refuse registration.

Language of document:

If the language of document is ambiguous and cannot be clearly understood due to language barrier even,
then the documents can be refused for registration.

Capacity of parties:

Minors and insane people cannot apply for registration except for their guardians applying on their behalf
according to law, so, registrar can cancel their registration because insane and minors can be misused.

Stamp duty:

If the interested party has not paid the actual stamp duty of the negotiable instrument presented for
registration, then registrar has all power to reject such registration.

Remedies:

(1) APPEAL u/s 72:

a- Whom Appeal Can Made

To the registrar to whom the sub-registrar is subordinate.

b- Period of Limitation

Party must give appeal within 30 days from the date of order of refusal has passed by sub-registrar.

c- Powers of Authority on Appeal

• To alter

• Uphold, or

• Reverse

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(2) APPLICATION u/s 73:
a) Who may apply

• Person Claiming under such document.

• Or his legal representative
• Or assignee
• Or agent authorized.
b) Time Limitation for applying:

Within 30 days after making of order of refusal made by sub-registrar.

c) To whom application is made:

Application shall be made to the Registrar to whom such sub- registrar is subordinate.

d) Format of application:

o Must be written.
o Accompanied with copy of reasons recorded u/s 71.
o Verified by applicant.
o Instrument should be attached.
(3) Procedure of registration on application:

(a) Registrar may inquire that.

(i) Whether document has executed

(ii) Whether requirements of law have been complied with

(b) Nature of requirement is discretionary in nature.

(i)- Order by registrar.

The registrar shall order for registration if he finds that the document has been executed
and requirements are complied with.

PROCEDURE WHERE REGISTRAR ORDERED FOR REFUSAL:

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 u/s 76:
For refusal the registrar shall follow such procedure.
i- Grounds for refusal
On ground except that the property is not situate within his district OR that the concerned
document ought to be registered in office of sub-registrar.
ii- Making of order of refusal.
iii- Recording of reasons for refusal in book- 2
iv- Giving copy of refusal.
No appeal lies against the order of registrar.
However, an appeal against the order of registrar can be filed in the Civil Court within 30 days after the
order of refusal has been issued by the people defined under section 73.
Conclusion:

Thus, the object of section 71 to 77 defines the rights of the people to claim their rights in case registrars
or sub-registrars misuse or misappropriation their powers and delay the due process of law.

Prepared by: Bisma Zafar

Team Head: Anfal Saghir

Project by Islami Jamiat Talaba, Punjab University Law College

BEST OF LUCK … !!

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