The Board of Revenue (BoR) would table Registration Act 1908, (amendment), in upcoming session of Sindh Assembly scheduled to start from June 8, Business Recorder learnt on Monday. With approval of summary of amendment in Registration Act 1908, from the provincial cabinet, BoR is working to make a bill which would be tabled in assembly session for final approval.
Informed sources inside the BoR told this scribe that a team of technical experts was working on this task, while they are also getting legal assistance from the law department. Summary of amendment in Registration Act 1908, approved by Sindh Cabinet on June 2, obtained by Business Recorder, stated that: According to sub-section (1) of section 21, of Registration Act 1908, no non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same. Sub-section (4) of the same section provides that no non-testamentary document containing a map or plan of the property comprised therein shall be accepted for registration unless it is accompanied by a true copy the map or plan.
In the light of the above provisions of law and to ensure that only rightful owner of the property executes the sale deeds the sub-registrars were directed by the BoR to obtain the latest certified copies of entries of record of rights before registration of sale deeds etc. However, since there is no mandatory provision in the Registration Act, for producing authenticated title documents of the property under sale, the courts have held in number of cases that sub-registrars could not refuse registration of documents on the plea of non-production of title documents, it stated.
Summary further stated that the Honorable High Court has taken notice of this matter in CP No D2464/2009 and has passed following order on 05-03-2010. "It is high time, the BoR Secretary & Senior Member may check registration of frivolous transaction on the basis of bogus entries and questionable title. We would direct Senior Member to look into the matter and issue appropriate directions to Registrar Property and Sub-Registrar of Property not to execute any registered conveyance or sale deed without authenticated and valid and clear title in respect of land more particularly revenue land may it be temporary, wahi chahi leases etc. If it is found that such transaction is registered, serious departmental action be taken against delinquent".
Besides this, the Managing Director Karachi Water and Sewerage Board through his letter No MD/KW&SB/2011/8212, dated 10-06-2011, has communicated a decision of meeting chaired by Governor Sindh on 20-04-2011 according to which no dues certificate is to be declared a mandatory requirement for selling and purchasing properties in the metropolis. In the light of the above facts a draft of Bill for amendment in the Registration Act 1908 may be moved in the provincial assembly, summary concluded.
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