Inspection and Production in Court

53        Inspection of Registers, etc., by applicants under Section 57: - Inspection of registration books and indexes allowed to applicants under section 57 of the Act shall be made in the presence of the registering officer, and without pen and ink.  “Pencil and paper may be used for the purpose of taking notes in order to identify the document or record which is being examined.  These notes shall be confined to particulars, such as the names of parties, the area of land demised or the amount of the consideration money, if any, the number of document and book, volume and page of register in which it has been copies and the date of registration.  No mark shall, however, be made on any record or paper inspected.”

 

54.       Production of Registers, etc. in court: - If the production of a register book, or of any document in the custody of a registering officer is required by any court, it shall be forwarded under the charge of a member of the registration establishment, and application shall be made to the court for payment of his expenses, in accordance with the Travelling Allowance Rules in force in the Punjab.

 

Destruction

55.       Annual destruction of useless records: - Each Sub-Registrar, and the Registrar’s muharrir for the Registrar’s office, shall, as soon as possible after the close of each financial year, submit in Urdu or in English to the Registrar of the district a statement, prepared according to form G, appendix II, containing proposals for the destruction of documents and records which, in accordance with the instructions contained in appendix VIII, need no longer be preserved.  The Registrar, after examining all such statements, shall pass orders for the destruction of such documents and records as he may consider necessary.  These statements should be disposed of by Registrars by the first March in each year at the latest.  Among the older records, the following should not be preserved :

(a)                old book V which was kept in the years, 1866 – 72 and contains summaries of decrees in land – suits sent to Sub-Registrars by civil courts:

(b)               the serial register books or diaries of the years 1856 – 68, provided copies of the deeds entered in these books are forthcoming (with the indexes), and have registration endorsements on them signed by the Sub-Registrar, -- vide paragraph 48 (c) (ii).

 

56.       Destruction of registered documents: -When a registered document is destroyed under section 85, of the Act a note to that effect shall be made in the column for remarks opposite the copy in the book in which it was registered.  When a document, the registration of which has been refused, it destroyed under the same section, a similar note shall be made in the column of remarks opposite the record of refusal in book 2.

 

CHAPTER IV

Books and Records

57.       Registers to be kept in offices of Registrars and Sub-Registrars: (1) - In the office of every Registrar and Sub-Registrar the following registers shall be maintained:

Book 1

Supplementary Book 1.

Book 2.

Book 3.

Book 4.

Book 6.

(2)        Each Registrar shall also keep an additional register called book 5.

(3)        Where the Sub-Registrar and joint Sub-Registrar are located in the same building and use the same muharrir, only one set of registers shall be kept.

 

58.       Supply of registers: (1) - The books shall  consist of printed forms containing the headings hereinafter described, and paged consecutively bound in volumes of convenient size, the number of page, in each volume being certified on the title page.  Ordinarily they shall be in the vernacular, but in special cases English forms may be supplied.  The volumes shall be numbered consecutively (a separate series for each book for each office), and the number shall not terminate with the Financial year, but shall run on perpetually.

(2)        Every registering officer, on receiving a volume from the Registrar’s office, shall immediately examine it to see that it contains the certified number of pages, and that these have been numbered in proper consecutive order, and he shall note the result on the title page.  A similar certificate shall be entered by the Registrar in any volume brought into use in his own office

 

59.       Indents for forms and books: (1) - All indents for registration forms and books shall be sent to the Superintendent, Government Printing, Punjab, through the Inspector-General of Registration.  Indents for vernacular forms and books should reach the Inspector-General’s office not later than the 2nd January and for English forms by the 15th June each year.  The Registrar’s Indents should specify the vernacular books and forms likely to be required in their own offices and in those subordinate to them during the next calendar year.  The number of forms to be printed each year will be calculated on the average consumption of the three previous years with an addition of 50 percent, less the number of forms in hand.  For this purpose Sub-Registrars should submit to Registrars reports as to their requirements not later than the 15th December in the case of vernacular forms and the 1st June in the case of English forms.  Indents should be prepared in duplicate, one copy being retained in the indenting office and the other forwarded to the Inspector-General of Registration.

(2)        The forms and books duly bound will be supplied to Registrars by the end of August in the case of vernacular forms and by the end of September in the case of English forms.  Registrars will stock them and distribute them when required to sub-offices.

(3)        As soon as supplies are received, their number should be carefully checked by the indenting officer; who should satisfy himself that they are in accordance with the indent before signing the receipt for them.

(4)        To prevent wastage of registration books and forms, a register should be kept in each Registrar’s office in the form given below.  Receipts should be entered up in the register in red ink, and issues in ordinary black ink, the signature of the person to whom the forms are issued being taken in the remarks column.

 

Stock Register of Registration Books and Forms

STANDARD NO. OF FORM OR REGISTER OR ENVELOPE

 

 

RECEIPTS

ISSUES

 

 

Date

Opening balance

Number received

No. and date of invoice with which received

Number issued

To whom issued

Balance after each transaction

Initials of receiving of issuing official

1

2

3

4

5

6

7

8

 

60.       Certificates of examination when a volume is filled up: - When a volume is filled up, the registering officer shall certify, after the last entry, the number of entries made therein during the current Financial year and the number of pages on which they are written; he shall also examine those entries and note in his certificate any errors or defects that he may discover.

 

61.       Consecutive numbers to be by the calendar year. Certificate at close of year: - The consecutive numbers of entries in each book prescribed in section 53 of the Act shall commence and terminate with the Financial year, and at the close of each such year, the registering officer shall certify, after the last entry of each current volume, the number of entries made in that volume during the year and the number of pages on which they are written; he shall also examine those entries, and note in his certificate any errors or defects that he may discover.  If no entries have been made during the year in any volume he shall certify to that effect.

 

62.       Concurrent volume of same register:  - If in any office the number of documents to be registered be so large that there is difficulty in entering them day by day in the appropriate registers, the registering officer may, with the previous sanction of the Inspector-General, keep up concurrently two volumes of any register book, the documents bearing even numbers being entered in one volume, and those bearing odd numbers in the other.  In special cases three or more concurrent volumes may be maintained.

 

63.       English volume of book 1 to be maintained at Shimla, Lahore and Amritsar: - In the offices of the headquarters Sub-Registrars of Shimla, Lahore and Amritsar city a separate concurrent volume of Book No.1 should be maintained for English documents.  All endorsements on English documents should be written in English and on Urdu documents in Urdu.  The rule laid down in paragraph 98 will not apply to the English volume of Book No.1.

 

64        Book 1: - Book 1 is the register of non-testamentary documents relating to immovable property.  It and the indexes relating to it are open to public inspection, and copies of entries in them shall be given to all persons applying for them on payment of the prescribed fees.  In this book shall be entered all documents registered under sections 17 and 18 of the Act which relate to immovable property and are not wills.  It shall contain the following headings:-

(a)                value of stamp, and copy of all endorsements made in the registry office;

(b)               serial number of entry, nature and value of transaction, and amount of registration and other fees and fines levied;

(c)                copy of document registered;

(d)               remarks.

 

[Extract from Punjab Government Gazette, dated the 6th May, 1989]

PUNJAB REGISTRATION MANUAL, 1929 (REPRINT 1973)

Correction Slip No.3

The 20th March, 1989

No.R-1/17-109,4991 - Substitute the following for the existing paragraphs of the Punjab Registration Manual, 1929 (Reprint 1973) :-

 

I.          Book No.1:

64 Book No.1 is a file book, with numbered butts, of non testamentary documents which relate to immovable property registered under sections 17 and 18 of the Act and which are not Wills.  In this book shall be filed duplicate copies of all documents, duly signed by the parties and the witnesses and endorsed by the Registering Officer, like the original.  Each sheet of the duplicate copy thus signed by the parties and the witnesses and endorsed by the Registering Officer, shall then be pasted on a separate numbered butt in Book No.1, immediately on receipt otherwise there is a danger of its being lost or injured and the registering officer shall write his signature with date, and shall affix the seal of his office in such a way that both the signatures and the seal are partly on each butt so used and partly on the duplicate pasted thereon.  Endeavour should be made to return the original document to the presenter before he leaves the office.  This book and the indiees relating thereto are open to public inspection, and the copes of the entries therein shall be given to an applicant on payment of the prescribed fee.  Maps or plans annexed to the documents should also be pasted in this book.  The heading of each butt shall be in the following form :--

 

Value of the stamp

Name of the Stamp Vendor

Serial No. of entry, nature and value of transaction and amount of registration and other fee and fines levied.

1

2

 

II.        Book No.4:

            74 Book No.4 is a miscellaneous register in which are pasted duly endorsed and signed duplicates of all documents, registered, under clauses (d) and (f) of section 15 which do not relate to immoveable property.  Neither it is open to Public inspection nor its indexes.  Copies of entries in it or them shall be given, on payment of the prescribed fee only to the parties executing or claiming under the documents to which such entries relate, or to the agents or representatives of such persons.  The necessary search shall be made by the Registering Officer in person.   This register shall contain the same headings as Book 1.

 

III.                Existing paragraphs 70 and 75 of the Punjab Registration Manual 1929 (Reprint 1973) are deleted.

 

(Sd)

Inspector-General of Registration, Punjab

 

65.       References to other documents affecting the same property: - When any document is registered in Book 1 affecting some other document previously registered in it, a note referring to the later document shall be entered in the column of remarks opposite the entry of the earlier document, and shall be signed by the registering officer of the day.  A note of compliance with this rule signed by the muharrir shall always be entered on the copies of documents in which the references to previous documents occur, as without such a note it can not be easily ascertained whether the rule has been carried out.  Where entries have to be made in registers transferred from Sub-Registrars offices to a central record-room, Sub-Registrars shall maintain lists of all such references and send them to the Registrar’s office at the end of every month.  The Registrar’s clerk shall then enter the notes in the appropriate registers in the record-room, have them signed by the supervising officer, and return the lists duly endorsed to the Sub-Registrars who shall have the requisite notes of compliance entered against the copies of the later documents in their offices.

 

66.       Supplementary Book 1: (1)- Besides the ordinary entries in Book 1, the Act requires that the following documents shall be “filed in Book 1” :-

(a)                Copies of maps and plans (section 61);

(b)               copies and memoranda of documents received from other registering officers (sections 64 to 67);

(c)                copies of certificates granted by revenue officers under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act 1884, and of certificates of sale granted by courts under the Code of Civil Procedure or by revenue officers in regard to immovable property sold by public auction (section 89).

(2)        To prevent injury to the binding and the disturbance of paging which would result if these documents were filed in the bound volumes, a separate file book called “Supplementary Book 1” shall be kept in each office and in it the documents above mentioned shall be pasted.  It shall contain printed slips paged in consecutive order and having columns headed as follows :--

(a)                date of receipt of copy or memorandum;

(b)               date on which document was executed;

(c)                name and addition of executant.

(3)        As regards the copies of maps and plans it will be sufficient to note thereon the registration number and date of registration of the document to which they appertain, and the volume and page where the entry will be found; but all other copies and memoranda filed in this book shall be numbered consecutively and the necessary particulars shall be given of them in indexes Nos. I and II.  AII documents should be pasted in immediately on receipt, otherwise there is danger of their being lost or injured.  All notes recorded on the documents filed in this book should be signed and dated by the registering officer.  In all cases the three printed columns on the paged slips should  be filled up.  The certificates at the beginning and end of each volume prescribed in paragraphs 58 and 60, and the annual certificates prescribed in paragraph 61, must be recorded in this book in the same manner as in all the other registers.

67.       Copies of certificates of sale under the C.P.C. : - The High Court has arranged that all copies of  sale granted under the Code of Civil Procedure shall be prepared by the courts on printed forms of a prescribed size and shape, suitable to the size and shape of the registers in which they are to be filed and that blank copies of these forms shall be supplied on application to the office of the Superintendent, Government, Printing, Punjab.  Sub-Registrar should not file any copies of sale certificates sent to them unless these are prepared upon the prescribed forms, copies not so prepared being returned to the courts sending them.

 

68.       Copies of orders granting loans under the land improvement or Agriculturists Loans Act: - Copies of orders granting loans under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, should be prepared upon paper the pages of which are of foolscap size.  If the whole document cannot be copied into a single half sheet, a whole sheet or more than one sheet may be used, but the paper should be limited to the size of foolscap.

 

69.       Filing Translations and Maps :When a document is registered under section 62 of the Act a note of the pages of the supplementary file book on which the translation and copy have been filed, shall be made in the column for remarks.  A similar note shall be made when a copy of a map or plan is filed in Supplementary Book 1 under    section 61.

70.       Deleted.

71.       Book 2: (1) - Book 2 is the record of reasons for refusal to register.  It also is open to public inspection, and copies of entries in it shall be given to all persons applying for them; in the event of the applicants being persons executing or claiming under the document, registration of which has been refused, or their representatives or agents, the copies shall be given free of charge for copying, though the copy must be stamped.  This book shall contain the following headings –

(1)        serial number;

(2)        date of order of refusal;

(3)        name of person presenting document;

(4)        nature and value of transaction;

(5)        reasons for refusal;

(6)        remarks.

            (2)        A brief description of the rejected document is sufficient, and there is no need to copy it into the book in extensor.

(3)        The record of the reasons for refusal should be sufficiently full to enable an appellate or inspecting officer to judge of their sufficiency, but need not contain a summary of any evidence which the registering officer may have taken; such evidence should be recorded on separate sheet of paper and filed in the office.  When a document, the registration of which was originally refused, is subsequently registered by order of a Registrar, under section 72 or 75 of the Act, or of a civil court under section 77, a note of such order shall be made in column (6) of this register opposite the original record of refusal.

(4)        In his copy of this book the Registrar, as required by section 76, of the Act must record his reasons, not only for refusing to register a document, but also for rejecting an appeal from the order of a Sub-Registrar subordinate to him.

 

72.       Book No.3: - Book 3 is the file book with numbered butts, in which copies of wills and authorities to adopt, are to be pasted after they have been accepted for registration, under section 41 of the Registration Act, 1908; also such wills as have been opened by the Registrars under sections 45 and 46 of the Act, ibid.  The instruments of wills presented for registration by the testators themselves, should be in duplicate.  Photostat copies of the instruments of wills presented for registration, after the death of the testators, should be obtained along with the originals, and pasted in the file book like other wills, after registration.  This book is not open to public inspection, not are its indexes; but copies of entries in it or them shall, on payment of the prescribed fees be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies.  The necessary search shall be made by the Registering Officer in person.  When a will entered in this book affects immovable property situate in districts or sub-districts other than that where the entry has been made, no copy of memorandum of such will need be sent to the registering officer of those district or sub-districts.  This substituted file book shall contain the same headings as are prescribed for book No.1.

 

73.       Description of “Will”  “Authority to Adopt”: - To prevent mistakes, it may be explained that every document making posthumous disposition of property is a “will” and should, when registered, be entered in Book 3.  Further, that a document which merely declares the fact of having adopted a son, or given a son for adoption, is not an “authority to adopt,” and should not be entered in this book unless it contains testamentary dis-positions which bring it within the definition of “will” given above.

 

74.       Book No.4: - Book 4 is the miscellaneous register, in which are to be copied all documents registered, under clauses (d) and (f) of section 18 which do not relate to immovable property.  It is not open to public inspection, not are its indexes; and copies of entries in it or them shall be given, on payment of the prescribed fees, only to the parties executing or claiming under the documents to which such entries relate, or to the agents or representatives of such persons.  The necessary search shall be made by the registering officer in person. This register shall contain the same headings as Book 1.

 

75.       Deleted.

76.       Separate file book for documents in languages not in use in the Punjab: - A separate file book should be opened in every registration office in the same form as Supplementary Book No.1 (paragraph 66 ante); and all copies and translations of documents written in languages not in common use in the Punjab and registered in Books 1, 3 and 4 should be filed in it.  The number and date of registration of the document to which the copy and translation appertain should be noted thereon alongwith the volume and page where the entry of the document will be found.  Translations and copies should be pasted in the file book immediately after the documents to which they appertain, have been copied in the appropriate books as otherwise there is a danger of their being lost or injured.  In all cases the three printed columns of the paged slips should be filled up.  The certificates at the beginning and end of each volume and the annual certificates must be recorded in this book in the same manner as in all other registers.

 

77.       Book 5: - Book 5 is registered of deposit of wills and is to be kept only in the offices of Registrars, who alone can receive wills in sealed covers for deposit.  It shall contain the following headings –

(1)               serial number;

(2)               superscription on the sealed cover;

(3)               inscription on the seal of the cover;

(4)               time of presentation and receipt of the sealed cover –

Year, Month, Day, Hour;

(5)               name of depositor;       

(6)               names of persons testifying to the identity of depositor;

(7)               time of delivery of the sealed cover to applicant for withdrawal -

Year, Month, Day, Hour;

(8)                names of persons testifying to the identity of the applicant at the time of delivery;

(9)               times of opening the sealed  cover –

Year, Month, Day, Hour;

(2)        Columns (1) to (6) shall be filled in when a will is first deposited under section 43 of the Act; columns (7) and (8) shall be filled up in the event of the will being subsequently withdrawn, and column (9) shall be filled up when a will is opened, after the death of the testator, under section 45 or 46 of the Act.  All these several entries must be verified by the signature of the Registrar for the time being.  When a will has been removed by order of a court under section 46(1) of the Act the fact shall be noted in red ink across the entry, and the note shall be authenticated by the signature of the Registrar.

78.       Book 6: (1) - In addition to the books specified above, there shall be kept in every registry office a memorandum book, to be called Book 6 for the purpose of recording brief abstracts of powers of attorney authenticated under clause (1) of  section 33 of the Act, It shall contain the following headings –

(2)        In the last of these columns it shall be noted, amongst other things, whether the instrument gives express or implied authority to the attorney to present a document for registration; whether the power is a special or a general one ; and if special, in what registration office it is intended to be used.  It is not necessary to copy out the document in extenso.

 

79.       Authentication of Powers of Attorney by Registering Officer: - To prevent mistakes, it may be explained that the only description of power of attorney, which a registering officer is competent to authenticate under section 33 of the Act is one which contains authority to present for registration a document executed by the principal, and this is the only kind of power of which entries should be made in Book 6.  Such a power of attorney may, of course, be registered like any other document, but it will not be valid for registration purposes, unless it has been authenticated under section 33 of the Act.  Accordingly, when a power of attorney is presented by a person who presumably does not understand the distinction between registration and authentication; and it is not a power, which the registering officer can authenticate, he shall register the document in his Book 4. If, however, the power contains authority to present for registration a document executed by the principal for registering officer shall explain the difference between authentication and registration, and ascertain the presenter’s exact wishes in respect of the document.  There is nothing, of course, to prevent such a document being registered as well as authenticated if the principal wishes it, but in that case the two operations shall be treated as separate transactions and the usual fees shall be levied for both.  If the power of attorney confers other powers besides an authority to present for registration a document executed by the principal, it must be registered in Book 4 and will also be authenticated and entered in Book 6, if the presenter wishes.

 

Books in which certain classes of documents should be registered

80.       Instructions as to books in which documents should be registered: (1) - When a document is admitted to registration the registering officer has to determine in which book it should be registered.  This is a very important matter, not only because some of the books, are open to public inspection while others are not and because the rates of fee differ, but also because questions of jurisdiction and limitation are involved.  Ordinarily no difficulty will be experienced in determining, for the purposes of the Act, what is and what is not “immovable property,” but as occasionally doubts may arise, the following rulings are noted for the guidance of registering officers: -

(a)                In letter No.49-1814, dated the 31st October, 1884, the Government of India in the Home Department ruled that trees sold with a view to their being cut down and removed are “standing timber” within the meaning of clause (9) of section 2 of the Act, while tree sold with a view to being kept permanently standing and enjoyed by the taking of their fruits or otherwise are immovable property.  In conformity with this ruling documents relating to trees of the classes ordinarily used for timber should be registered in Book 4 unless the terms of the document clearly contemplate their being kept standing and enjoyed.  Conversely, documents relating to trees not ordinarily utilized as timber should be registered in Book 1 unless the terms of the document make it clear that they are to be cut down.

(b)               Saltpetre Manufacture: - Agreements relating to the manufacture of salt petre, and to other products of the earth (except standing timber, growing crops and grass) should be registered in Book 1 as documents relating to immovable property.

(c)                Sajji Leases: - An instrument conferring the right to cut sajji for a term of years over a specified area of land, and conveying a right not only to the sajji plants growing at time of contract, but to those produced on the land in future for the terms of years agreed upon, is registrable in Book 4.

(d)               Votive offerings at Shrines: - A document conveying the income of a mela (i.e., the offerings of worshippers at a shrine) was ordered to be registered in Book 1, it being held that, as the property transferred was income derived from a sacred building, the document should for registration purposes, be treated as one relating to immovable property.

(e)                Receipt for Consideration Money: - Acknowledgements of the receipt or payment of consideration for the conveyance & c., of immovable property must be registered in Book 1; and of other property in Book 4.

(f)                 Hak Lambardari:- The allowance to village headmen of 5 per cent on the land revenue commonly known as haq lambardari is “a benefit arising out of land” within the definition of “immovable property” given in clause (6) of section 2 of the Act.

 

81.       Instructions as to instruments of adoption: - Instruments of adoption often give rise to doubt as to their proper treatment in a registration office.  The following instructions in regard to their registration should be followed :--

Deeds of adoption, as generally met with in practice may be divided into four cases:--

(i)         deeds which recite the fact of adoption only;

(ii)                deeds which recite the fact of adoption, and convey the property of the adoptive father to the adopted son during the lifetime of the former;

(iii)               deeds which recite the fact of adoption, and will the property to the adopted son after, the adoptive father’s death;

(iv)              adoption deeds executed by windows in pursuance of an authority to adopt.

Instruments of the first class fall under clause (f) of section 18 of the Act, and their registration is optional but they must be presented, if registration is desired within the time allowed in Part IV of the Act.  They should be registered in Book 4, and described therein and in the statistical returns as “adoption-deeds” (mutbana-nama).  They are chargeable with stamp duty, under article 3, of schedule 1, of the Indian Stamp Act, 1899.

Instruments of the second class should always be recorded in the registers and statistical returns as “instruments of gift (hiba-nama). They must be brought for registration within the period of limitation allowed in Part IV of the Act, but are subject to different treatment according as the property transferred is immovable or movable. Where the property transferred under clause (a) of sub-section (1) of section 17, and registration is compulsory. The registration should be made in Book 1, the fee payable being according to the scale given I clause (b) of Part (1) of article 1 of appendix I. Where the whole of the property conveyed is movable the instrument falls under clause (d) of section 18 of the Act and registration is optional. The instrument should be registered in Book 4 and the fee chargeable is two rupees. In either case the instrument must transferred under Article 33 of schedule I-A, or as an adoption-deed under article 3 of schedule I-A of the Indian Stamp Act.

Instruments of the third class fall under two heads : -

(a)                deeds intended to operate as wills and reciting the fact of adoption only incidentally;

(b)               deeds intended to operate as those of adoption and containing also a provision that the adoptee would succeed to the property of the adoptive father after death of the latter.

The deeds falling under (a) must be recorded and treasury in every respect as wills (wasiyat-nama).  Their registration is optional under clause (e) of section 18 of the Act, and they may be presented at any time section (ii).  They must be registered in Book 3, and are liable to a registration fee of Rs.5, but are excempt from stamp duty.  Instruments  coming  under (b) must be treated as deeds of adoption for purposes of stamp duty as well as registration.

Instruments of the fourth class must be treated in every respect as those of the first, but care must be taken to distinguish between instruments conferring authority to adopt a son (ijazat-nama tabniyat) and adoption-deeds executed in pursuance of such authority as to which, as well as to the definition of a “will,” paragraph 73, may be consulted.  The registration of an authority to adopt is compulsory, while that of an adoption-deed is optional; the former must be registered in Book 3, the latter in Book 4,; the registration-fee for the former is Rs.5 and for the latter Rs.2, both instruments are, however, alike chargeable with a stamp duty of Rs.20, under article 3 of schedule I-A, of the Indian Stamp Act, 1899.

Adoption-deeds not uncommonly contain stipulations on the part of the adoptive father for the maintenance of the adopted son, and provisions for his marriage expenses.  Such stipulations are to be regarded only as a record of the duties which are imposed by the law itself without express mention, upon the adoptive father, and do not bring the deeds which contain them within the definition of “agreements” given in section 2 of the Indian Contract Act, 1872.

 

82.       Distinction between leases and mortgages: - Care should be taken to distinguish between deeds of lease and deeds of mortgage for a limited period and the classification not always be followed.  Generally speaking, it may be said that if land is transferred in order to secure the repayment of a lump sum of money advanced to, or due from the owner of the land, the deed is usually a mortgage deed, whereas in the case of a lease the land is transferred on account a future recurring annual payment.  If registering officers hold that a so-called lease presented to them for registration is really a deed of mortgage, they should treat it as such for the assessment of stamp duty and registration fees, and if it is under-stamped should impound it.  The real nature of the deed should of course be shown in column 2 of Book 1.

Note.—In this connection reference may be made to clause (b) of article 35 of Schedule-I-A of the Stamp Act.  Documents falling under this clause are to be treated as “Conveyance” for the purposes of stamp duty.

Indices

83.       Indexes to be prepared on printed forms: (1)- The current indexes, required by sections 54 and 55 of the Act to be kept up in every registration office, should be prepared on printed forms containing the particulars hereinafter set forth.  The forms shall ordinarily be in the vernacular, but in special cases English forms may be supplied.

(2)        For the purposes of this paragraph the offices of a Sub-Registrar and Joint Sub-Registrar located in same building and using the same muharrir should be deemed to be one office.

 

84.       Index No.1: - (1)- Index No.1 is that in which section 55 of the Act requires that the names and additions of all persons executing, and of all persons claiming under every document entered or memorandum filed in Book 1, shall be entered.  It shall contain the following headings. –

                        (1)        name of person ;

(2)        father’s name                ;

(3)        residence                      ;

(4)        profession, trade, caste ;

(5)        interest  in  the  transaction   (e.g.  purchaser,         mortgagees,    etc. )              ;

(6)        number of volume in which document is registered         ;

(7)        page of volume in which document is registered             ;

(8)        references (i.e., to initial letters of other index entries relating to the same transactions)    ;

(2)        This index shall contain the names and additions not only of the parties concerned in the documents copied into Book 1, but also of those concerned in the copies of memoranda of documents received from other registration offices and filed under sections 64, 65, 66 and 67 of the Act as well as those concerned in the copies of orders by revenue officers granting loans under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, and of certificates of sale granted by civil courts under the Code of Civil Procedure or by Revenue offices in regard to immovable property sold by public auction which are filed under section 89 of the Act.  In the case of such sale certificates the only names of persons that need be indexed are those of the judgement-debtor as vendor and the auction purchaser as vendee.

85.       Index No. II : (1)- Index No.II is that in which, under section 55 of the Act, the particulars mentioned in section 21, relating to every document entered or memorandum filed in Book 1, are to be entered.  It shall contain the following headings –

(1)               name of city, town or village with tehsil and district;

(2)               Name of parties –

(a)                alienors.

(b)               alienees.

(3)               No. Khasra and area with land revenue if the property has been surveyed;

(4)               nature of transaction (e.g. sale of land, lease of house, mortgage of land or house, & c.) with the amount of consideration;

(5)               number of volume in which document is registered;

(6)               page of volume in which document is registered;

(7)               Remarks.

 

(2)        A Sub-Registrar, on registering a document of the nature mentioned in section 64 or 65 of the Act, shall enter in this index particulars of only that portion of the property which is situate in his own sub-district.  A Registrar, on receiving a copy of a document under section 65, 66 or 67 of the Act, shall enter particulars only of the property situate in his own district.  A Sub-Registrar, on receiving a memorandum of a document under section 64, 65, 66 or 67 of the Act, or a copy of an order or certificate under section 89 of the Act, shall enter the particulars of the property concerned in this index.

 

86.       Index No. III:  - Index No. III is that in which section 55 of the Act requires the names and additions of all persons executing every will and authority to adopt copied into Book 3 and of the executors and persons, respectively, appointed thereunder, and after the death of the testator or donor (but not before) the names and additions of all persons claiming under the same, to be entered.  It shall contains the same headings as index No.I.

 

87.       Index No. IV: - Index No. IV is that in which section 55 of the Act requires the names and additions of all person executing, and of all persons claiming under, every document copied into Book 4, to be entered.  It shall contain the headings prescribed for index No. I.

 

88.       Preparation of indexes: - Index entries shall be made on the same day on which the document to which they relate is copied or filed in its proper register and shall on no account be allowed to fall into arrears.  They shall be made alphabetically in Urdu, in the first instance on loose forms, a separate form being used for each letter of the alphabet.

 

89.       Deleted.

90.       Index sheets to be bound up annually: - At the close of each calendar year, the loose index sheets in every office shall be bound into volumes of convenient size, care being taken that they are arranged in correct alphabetical order, and that the entries which under section 57 of the Act are open to public inspection (indexes Nos. I and II) are bound separately from those which are not (indexes Nos. III, and IV).

 

91.       Initial letters: - In the case of Indians the first letter of the person’s name and not of his title or caste shall be the guide to the letter under which the index entry is to be made.  In the case of Europeans, the initial letter of the surname shall be the guide.  In the case of documents in which the Government is concerned, as index entry shall be made (amongst others) under the letter  (sin) as the initial letter of Sarkar.  Entries regarding companies, banks, etc., shall be made under the initial letter of the first word omitting the article.

 

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