The Secretary stated that the High Court of Lahore had received the proposal to amend Section 17 of the Registration Act 1908. The Court considers that important judicial disputes are limited to falsified documents, such as.B. sales agreements, so that it is necessary to make them compulsorily registrable. The Supreme Justice, the Supreme Court of Lahore, said such a move will re-examine the dispute casually, saving valuable court time and public resources. The secretary said that in this regard, an amendment has already been made by the Sindh government for the mandatory registration of power of attorney if the lawyer is allowed to sell real estate. Members felt that the amendments would be timely and useful, but it is possible to ensure that the measure does not entail a double payment of stamp duty, first at the time of registration of the agreement of sale and on the date of registration of the deed of sale. The Commission approved this amendment, subject to the above remark, and requested the secretariat to consider the need to amend the Stamp Duty Act, registration rules, etc. accordingly. Article 28 of the Registration Act deals with the documents referred to in article 17, for which these documents must be submitted for registration in the sub-register of the sub-district where all or part of the property is located. Documents that are not mentioned in section 28 are recorded as a sub-recorder in which the decree is executed. In the light of the provisions of sections 17, 18 and 50 of the Registration Act 1908, it is clear that the sales agreement is not a complete transaction and does not create a right of ownership until the terms of the contract are complied with. However, due to the company`s tendency to find false and falsified documents for sale, such as the agreement, and then use them to support a false remedy in the civil courts to establish the right of ownership, it is desirable to amend section 17 of the Registration Act by adding the agreement to the sale as mandatory. It will play an effective control role to prevent the misuse of a sales agreement.
It should be noted that sindh province has already added, in section 17, a new provision that makes it mandatory to allow the sale of real estate. The additional provision of the Government of Sindh is as follows: – Any emergency or unavoidable accident, executed document or copy of the decree or ordinance is not presented within 4 months and presented after its expiration, is accepted for registration, provided that the registration fee is paid 10 times and the deadline for submission does not exceed 4 months. . . .