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    Friday, 10 April 2015

    Compulsory Registration of Document

    1. Introduction
    Registration Act deals with the registration or non-registration of documents. All sorts of documents are not compulsorily registerable in the Registration Act there are documents which require Registration. Documents required under Registration Act to be registered if they are not so registered loose evidentiary value and shall not be admitted in evidence.

    2. Relevant Provisions
    Section 17 Registration Act 1908 describes of all those documents of which registration is compulsory.

    3. Meaning of Document
    An instrument on which is recorded, by means of letters, figures or marks, the original, official, or legal form of something which may be evidentially used.

    5. Object of Registration
    The main object of the registration is the maintenance of the collection of the land revenue or to give the security to the person concerned.



    6. Documents of which Registration is compulsory

    Following documents should be registered;

    (i) Gift of Immoveable Property
    Instruments should be registered when such instruments are about gift of immoveable property.

    (ii) Leases of Immoveable Property
    Following points are important for explanation of registration of lease of immoveable property;

    (a) Lease From Year to Year
    Lease of immoveable property should be registered when lease is from year to year.

    (b) Lease for that term, which exceeds one year
    Lease of immoveable property should be registered when such lease is for that term, which exceeds one year. It reveals that lease for life should also be registered.

    (c) Lease, which reserves a yearly rent
    Lease of immoveable property should be registered when such lease reserves a yearly rent.

    (iii) Non-testementary Instruments
    Following non-testementary instruments should be registered;

    (a) Creation, Declaration, Assignment, Limitation or Extinguishment of Right, Title or interest
    Non-testementary instruments should be registered when such instruments purport or operate to create, declare, assign, limit or extinguish any vested or contingent right, title or interest of value of one hundred rupees and upwards to or in immoveable property in present or future.

    (b) Acknowledgement of Receipt or Payment of consideration
    Non-testementary instruments should be registered, when such instruments acknowledge receipt or payment of any consideration on account of creation, declaration, assignment, limitation or extinction of any vested or contingent right, title or interest of value of one hundred rupees and upwards to or immoveable property.

    (c) Decree or Order of court or Award
    Non-testamentary instruments should be registered when such instruments transfer or assign any decree or order of a court or any award, which purports or operates to create, declare, assign, limit or extinguish any vested or contingent right, title or interest of value of one hundred rupees and upwards to or in immoveable property in present or in future.

    (iv) Dower-deed
    Dower-deed should be registered when dower-deed creates that interest of which value is more than one hundred rupees.

    (v) Some certain Deeds
    Following deeds should be registered when their value is one hundred rupees or more than one hundred rupees;
    (a) Waqf-deed
    (b) Title-deed
    (c) Partition-deed
    (d) Sale-deed
    (e) Donation-deed
    (f) Partnership-deed
    (g) Exchange-deed
    (h) Agriculture loan-deed
    (i) Power of attorney

    (vi) Mortgage-deed
    Mortgage-deed should be registered when mortgage-money is hundred rupees or more than hundred rupees.

    (vii) Compromise-deed
    Following points are important for explanation of registration of compromise-deed;

    (a) Non-implementation of Compromise
    Compromise-deed should be registered when application has been filed in court for compromise, but court has implemented compromise.

    (b) In Case of Dismissal of Suit
    Compromise-deed or compromise-decree should be registered in that situation when court has given order that compromise is affected, but suit is dismissed, and when value of compromise-deed or compromise-decree is one hundred rupees or more than one hundred rupees.

    (viii) Perpetual Lease
    Perpetual lease should be registered.

    (ix) Debenture
    Debenture should be registered when it creates charge on immoveable property.

    Conclusion
    To conclude, it can be stated that all documents are not needed to be registered according to Registration Act. Clear distinction has been provided between compulsory and optional registration. In fact, registration has been made compulsory for those documents, which are in relation to immoveable property. On the other hand, registration has been property. On the other hand, registration has been made optional for those documents, which are in relation to moveable property. 
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    1 comments:

    Item Reviewed: Compulsory Registration of Document Rating: 5 Reviewed By: Usman Ali
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