Document of which Registration is compulsory under Registration Act (1908)
The law of Registration deals with the registration procedure of document of transfer of property and which documents are compulsory and optional document for registration in the eye of law.
The following documents shall be registered in a certain district where the property relates is situated and if they have been executed before or after the commencement of this Act, namely:
1. Instrument of gift of immovable property. – Section-17(1)(a)
[here Gift means the transfer of ownership in an existing immovabale property without any consideration(under Section-122 of the Transfer of Property Act), even Transfer of Property Act also says that gift of immovable property shall become valid after the process of registration(under Section-123 of Transfer of Property Act)]
2. Declaration of Heba under Muslim Personal Law- Section-17(1)(aa)
3. Other non-testamentery instrument which may capable of being in force whether in present or future, whether vested or contingent(summarized)- Section-17(1)(b)
4. Receipt of any consideration of a deed other than mention in clause(b) of Section-17(1) of the Registration Act- Section-17(1)(c)
5. Instrument of mortgage referred to Section-59 of the Transfer of Property Act 1882- Section-17(1)(cc)
[here the word “Mortgage” means the transfer of an interest in specific immovable property for the purpose of securing pecuniary liability (under Section-58 of the Transfer of Property Act)
# Conditions of Mortgage
=> property has to be immovable.
=> it should be for a certain time.
=> here consideration should be “Mortgage money”
=> Mortgage deed.
=> here the debtor is Mortgagor and creditor is Mortgagee.
Transfer of Property Act also says that Mortgage of deposited title deed shall be effective after registration process (Under Secton-59 of the Transfer of Property Act)]
6. Lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent- Section-17(1)(d)
[ here the word “lease means transfer of a right to enjoy immovable property made for a certain time or in perpetuity (under Section-105 of Transfer of Property Act)
# Elements of a lease
=> the parties (lessor and lesse)
=> subject matter- immovable property.
=> the consideration (Rent or Premium)
=> for a certain time.
=> right to possession ]
7. Non-testamentery instrument transferring or assigning any decree or order of a Court or any award when such decree or 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 tested or contingent, or in immovable property.- Section-17(1)(e)
8. Instrument of partition of immovable property effected by persons upon inheritance according to their respective personal laws- Section-17(1)(f)
9. Instrument of sale in pursuance of an order of the court under Section-96(Pre-emption) of the SAT Act 1950- Section-17(1)(g)
10. Authorities to adopt a son, executed after the first day of January 1872 and not conferred by will, shall also be registered- Section-17(3)
11. A contract for sale of an immovable property shall be subject to be registered within 30 days of the execution of the said contract- Section-17A
[a contract for sale of immovable property is a contract that a sale of such property shall take place on the terms settled between the parties (under Section-54 of Transfer of Property Act 1882)]
1. “MS Eagle Star Insurance Co. Ltd” [21 PLD Karachi 133]
“mortgage by deposite of title deeds purporting to create in present interest in favour of plaintiff such document is compulsorily registerable”
2. “Zainab bai vs Ibrahimji”[ PLD 1962(WP) Karachi 209 ] –
“dissolution of partnership, relinquishment of share in partnership by one partner, deed must be registered” <sec-17(1)c>
3. “Faqirullah vs Mir Khan” [PLD 1958 Azad J & K 19(DB)] –
“If any Muslim desires to transfer his property in the name of somebody he can do so only by a registered deed” <sec-17(1)f>
4. “37 CWN 33 Cal 610” – “in an ejectment suit possession under unrecognized lease may be relied on”