Procedure where appearance of executant or witness is desired. Officer or Court to issue and cause service of summons. Persons exempt from appearance at registration office.
Law as to summonses, commissions and witnesses. Part VIII. Of Presenting Wills and. Authorities to Adopt. Persons entitled to present wills and authorities to adopt. Registration of wills and authorities to adopt. Penalty for engagement as conveyance writer without valid enrolment or license.
XVI of An Act to consolidate the enactments relating to the. Whereas it is expedient to consolidate the enactments relating to the registration of documents;. It is hereby enacted as follows Of the Registration-Establishment.
Provided that the [14] [Government] may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the [15] [Government] appoints in this behalf.
Offices of Registrars and Sub-Registrars. Provided that no such authorization shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act. Report to [31] [Government] of appointments under Sections 10, 11 and Provided that the [50] [Government] may, by order published in the [51] [official Gazette], exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.
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.
Provided that, within three months from the twelfth day of September, , 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.
Documents executed out of [69] [Pakistan]. 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.
Of Presenting Documents for Registration. Provided that the following persons shall not be required to attend at any registration-officer or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses a and b of this section, namely 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.
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:. Of Enforcing the Appearance of Executants and Witnesses. Person exempt from appearance at registration office. Of Presenting Wills and Authorities to Adopt. Part IX. Deposit of Wills. Procedure on deposit of Wills. Withdrawal of sealed cover deposited under Section Saving of certain enactments and powers of Courts. Destruction of Wills: 1 Any will in deposit, with a Registrar, at the commencement of the Registration Amendment Ordinance, , and any will thereafter deposited may be destroyed after following the procedure hereinafter provided, if the will is not registered before such destruction.
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.
Part X. Of the Effects of Registration and Non-Registration. Time from which registered document operates. Registered documents relating to property when to take effect against oral agreements. Provided that a mortgage by deposit of title-deeds as defined in Section 58 of the Transfer of Property Act, [] , shall take effect against any mortgage-deed subsequently executed and registered which relates to the same property.
Effect of non-Registration of documents required to be registered. Certain registered documents relating to land to fake effect against unregistered documents. Provided further that the person in whose favour an unregistered document is executed shall be entitled to enforce the contract under the unregistered document in a suit for specific performance against a person claiming under a subsequent registered document, subject to the provisions of clause b of Section 27 of the Specific Relief Act, ].
Part XI. Of the Duties and Powers of Registering Officers. A As to the Register-books and Indexes. Register-books to be kept in the several offices. A—In all registration offices—. B—In the offices of Registrars—. Duties of registering officers when document presented. Entries to be numbered consecutively. Current indexes and entries therein.
Indexes to be made by registering officers, and their contents. I, Index No. II, Index No. III and 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. 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.
Ill shall contain the names and additions of all persons executing every will and authority entered in Book No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 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. Particulars to be endorsed on documents admitted to registration. Endorsements to be dated and signed by registering officer. Certificate of registration. Endorsements and certificate to be copied and document returned. Procedure on presenting document in language unknown to registering officer. Power to administer oaths and records of substance of statements.
C Special Duties of Sub-Registrar. Procedure where document relates to land in several sub-districts. Procedure where document relates to land in several districts. D Special Duties of Registrar. Procedure after registration of documents relating to land. Procedure after registration under Section 30, Sub-section 2. Power of Registrars to superintend and control Sub-Registrars. Power of Inspector-General to superintend registration officers and make rules.
Power of Inspector-General to remit fines. Of the Copying of Documents by means of Photography. Application of this part. Appointment of Photo-Registrars. Provided that the [] [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.
Documents may be photographed in areas notified by Government. Application of Act to areas notified under Section D. He may for this purpose cut or untie, without breaking any seals, the thread or ribbon, if any, wherewith the pages of the document are sewn together, in order to separate the pages of the document, and, as soon as the document has been photographed, he shall, as far as practicable, exactly rebind the document as before, and, if he has cut the thread or ribbon shall seal it over the joint with his seal:.
Provided that the party presenting the document for registration shall, if he so desires, be allowed to be present and watch the unbinding, rebinding and sealing of the document:. Provided further that if the party presenting the document so requests the document shall be returned to him unbound:.
Provided also that before or after transmission of the document to the Photo-Registrar the party presenting the document may require the registering officer to have it copied by hand under Section 52, or if the document has been presented for registration under Section 19 its translation copied under Section 62 on payment of an additional copying fee.
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.
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. The Inspector-General may, with the previous approval of the [] [Government], by notification in the official Gazette, make rules for the purposes of giving effect to the provisions of this Part.
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