Section 52. Obligations for the payment of money registered with such agreement may be enforced without suit

52. Obligations for the payment of money registered with such agreement may be enforced without suit. - lkrs to be chaxged for registration &c. how to be fixed. - C - Ilisposal of fees. - Fonr distinct Books. - Il~deses. - Registers of Wills kc. - 1 nspection of Rcyi~l rrs ancl c o ~ i c m f entries. - 4 CeneruZ R.rcb7.v. - Co~itrol of procerciings of Deputy Registr~~rs. - Revisiorl of orders of Depnty Registra:.~ refusing registration. - No appeal from c:rder admitting to registration. - General control by Registrar General. - Power to frame ltules. - Registratio11 to he made at a Public Ofice. Exception. - Ecnsolls for refilsal to register to be ~ecorded hy Ui~t1ic.t 'Rt:~ikfrar Registrar. - Time fro12 tirhich registered Tn~t~mrnent sl~all operate. - Priority of. cerlain registered Instruments. - Registry of hislruincnts exccuted by, cr on 1-e!:a!f of, C+o~-el.ll~l~cl~t. - False stateineilts before any Ofticer acting n~ider this Act l?nw ~~nnislial~le 'I ACT No. XVZ OF 1869. ' P A ~ ~ E I ) THE GOVBRNOR-GENERAL OP INDIA 1t.r COUNCI~, 1864.) (-Recdved tlze assemt of tke Governw- General `MA` the 24th LW~rcl~ -. An Act to pvovide `for1` the Reyistratim of Assu?wtces. WHEREAS it i i expedient to consolidate and amend the laws relating to .Preamble. the Regist.ra,ti~n of Assurances; It is enacted as follows :- REPEAL OF KEG[ILATIOMS AND IICTE. - :I. Ttle Xeguintioas and Acts and parts of Re,nulations and Acts set forth in the Schedule annexed to this Act are hereby repealed to the :I , a m repealed. extent mentioned ill tlie said SChodule, except i n so h r as auch Regulations or Acts rescind other Regulations or Acts, and except as regatd~ li1strument.s duly registered ul-itler their1 or m y of them before the date on which this Act shall come into operation. * 11. Prom the date on which this Act shall be extended as hereinafter Itcpenl of rules rclat- provided to'any part of British India ~ I I which the ~egulations ing to the Registratio11 Acts ~nentionecl it1 che Schedille annexed to this Act are not of hasuranws in certain in force, all Rules and Regulations relating to the Registration of' Assurances i11 force in sucll part of British Indis shall cease to have effect, except as regards Instruments duly registered under any of t,he said Rules or Regulations in such part of British India. DEFINITIONS. 111. The following words and expressions in this Act shall have the rneaniiigs hereby assigned to them, unless there be something in the subject. or con text repugnant to such construction- The words " British India" denote the Territories which au.e or may become * vested in Her Majesty by the Statute 21 and 22 Vic., cap. '' British India." . 106, entitled "An Act for the better Government of Indi5" cept the settlement of Prioce of Wales' Island, Singapore, and 31alacca : The PRICE 4 ANNAS 6 PIES. 4 `4` ' 3 1 t$ ,- a ACT No. XVI OF 1864. 'fhe words " Local Government" denote the person or persons authorized by law to administer .fhe Exe'cutive Government in any part of I' Local Government." British India : The words " ear" and " month" denote a year or month respectively by tllC Brit3ish Calendar : "Year" and " monkh!' The word " Section" denotes a Section of this Act : ; importing the plural number include the singular iiunlber : (c Section: Words importing the singular number include the 'plural rtuinber ; words Xumber. Gender. Words importing the masculine gender include fema,les. `V .` It sha1.l be lawful for the Gover.nor.Genera1 of India in an order to be publishe'd in the Gazette of India The Heail Executive Oacer of of certain TelTi.[[that ]][[in ]][[any Territory under rheirnmediate administrstion ]] tory may ,be vested with with with the rpo+h coliferred `.by`[[the Governnient of ]][[India ][:the Elend Executive Officer of such ]][[:the Elend Executive Officer of such ]] "a%xrnterits. t& *ct On local 'f erritory shall exercise the powers vested by this Act in locd Goverr~ments, and thereupon such Officer shall, . f ~ r ,pul;posas of this Act, be the local Government of such Territory as definkd thlis Act. The Heail Executive Oacer of of certain TelTi. tory may ,be vested with with with the rpo+h coliferred t& *ct On local "a%xrnterits. Heail Executive of certain TelTi.[[that ]][[in ]][[any Territory under rheirnmediate administrstion ]] [of ] tory may ,be vested with with with the rpo+h coliferred `.by`[[the Governnient of ]][[India ][:the Elend Executive Officer of such ]][[:the Elend Executive Officer of such ]] REGISTItATION ESTABLISHMENT. V.[Every local Government shall estnblist~ within the 'L'errit,ories subject ] such. Government., at such place as to it shall seem fit, Geueral Kegister Office. O.fice to be called the General Register Office, and shall point an -0ECicer to the ch,asge of such Office, who shall . be . the Registrar 'Gen of the Territories for which he is appointed. Nothing in this Act co .wake. it ~tnlawful for any Rcgistl~ar General t.o l~olcl si~nultaneously any o Office to which he may be appointed by the local Government. VI. For the purposes of t,his Act, the local Governrnent shall form Dis ~ b `of` niutl.iots ~[a.nd shall divide such Districts into Sub-Districts, ,znd ] ~ ~ ~ i ~ ~ alkd Sub3istriota. prescribe and from tirne to time may alter t.he limits o 'Districts and Sub-Districts s o formed. The local Goverrlment shall also for*the purposes bf' this Act limits of the Presidency Towns of Calcutta, Madrbs, ant1 Bombay respec and every such Town hall for the purposes of this Act be deemed . The . local Gqvernrnent ma.y; if it shall think fit so to do; Presidency ??owns respectively into sub-~ist&ts, and may from time to ti the 1ilni.t; of the said ~ r e s i d e n q 'fowns and of the said Sub-Distficts the , . 4 `D` .a 3 3 1 '3 1 % % 1 I 'Cke Districts and Gub-Districts formed under this Section, together with the lidits thereof, urin every alteration of such limits, shall be forthrvith notided by the "local Governrrient in the bficial Gazette. VII. The local Government shall establish in every District an Office to be styled the Ilistrict Register Office, and in evgry SubEstablishment of Reg~ t e ? office^. Dist.rid an Office to be styled the Deputy Register Office. VIII. The local Government may appoint such persons, whether Public 6fficers or not as it may think proper, to be District Registrars Appoihtment of District m d Deputy Regisof the several Distrias, and to be Deputy Registrars of the tram. several Sub-Districts formed as aforesaid respectively : provided that, except in the said Presidency Towns of Calcutta, Madras, and Bombay, no person shalI at the same time hold both the Office of Llistrict Regist,rar and the Office of Deputy Kegistrar. iX. in each of the Presidency Towns aforesaid not for the tirne being j)uties of District R ~ -[divided into Sub-Districts, the District Registrar shall perform ] gistrar of a, Presidellcy Town not divided all the duties of a Deputy Eegistrar of a Sub-District under Sub-Dis'tricts. this Act in the same nxinner 2nd subject to the sarne rulks as if such Presidency Town were a Sub-District ; provided that there shill bi? no appeal under Section LXlI from his order. X. In case of the absence of any Deputy Registrar, or of a vacancy l'rovision for cases of occurring in the Office of any Deputy Registrar, it shall be of Registrarsor lawful for the District Registrar to whom such Deputy vacancy in the office. Registrar is subordinate to appoint any person whom he may think proper to take ten~poral*y charge of the Office of such Deputy R e g i ~ t r a ~ , and to register Instrurnents in the same manner as if such person hacl been appointed to the Office hy the'local Govert~ment. In case of the absence of any District Registrar, or of a vacancy occurrillg in the Office of any District Registrar, the Judge of the principal Court of original Civil j~risdict~ion of the District shall, during such nbserlce or vicancy, be the District Itegistrar. In case of the absence of the District Registrar of a Presidency Town, or of a vacancy occurring in the Office of any such ltegistrttr, it shall be lawful for the Registrar General of the Presidency, or place, to appoint any person whom he may think proper to take temporary charge of the Office of such Registrar. think proper to take ten~poral*y charge of the Office of such Deputy R e g i ~ t r a ~ , XI. It shall be lawful for the local Governruent, with the sanction of the Salaries and establishGovernor-General of India in Council, to assign such salaries as such local Government may from tiule to time deerxi proper, to the Registrar General, the Llistrict kogistrars, and the L)opoty 8rgistrars appointed , L-". . r_ `;a-` . ACT No. XVI OF 1864. ~fipoiiited under this Act, or to provide for the remuneration of such ,Officers by feits, br partly by fBes a.nd partly by sa.laries. It sha.11 also be lawful for'the 1oc.s~ Government, with the like sanction, to allow such Establishrneuts for the Gcilreral Register Office ancl for the Offices of the several District Registrars and Deputy :Registrsra as rnay be necessarv for the purposes of this Act. SIT.[The Registrar Genera.1 and the several- District Registrars ] [a~ld ][Deputy ] Registrars shall use a seal bearing the following inscription Seal of Office. in English and in such other language as the local Govern-: iuent s11all direct : '< The Seal of the Registrar General Tor `qf` the Dht~lict .Rqqistrn.r, or. Deputy Regishar) of >) INSTItUMENTR `TO` BE REGISTERED. XI1 1. XI1 1. So Instrumellt being a deed of gift of inlrrloveable proparty, na Certaiu Tnstruments[lease ][~f ][im~noveable property for ][a.ny ][period exceediug one ][, ] uOttObereceivedin evidenee in any Civil proceed. year, 110 Instrument (other than a deed of gift cr lease as ,: ingunless registeredao- aforesaid) which purports or operates to create, declare, cording to yrovisir<~zs of , this A C ~ . transfer, or extinguish any right., tide, or interest of the value- ; 'of one hundred Rupees or upwards in any irnmoveable property, ancl no Instru-:? rnent which acknowledges the receipt or payment of any consideration on account4 of the creation, declaration, transfer, or extinction of any right, title, or interes as above, of such value as aforesaid, in any imlnoveable property, shall b received in evidence in any Civil proceeding in any Court, or shall be acted o by any Public Officer, if sucll Instrument shall 'have been executed on or after th date on which this Act shall come into operation, and if the property to whic such instrument relates shall be situate in any part of British India in which thi Act is in force, unless the some shall have been ~egistered in the manner an Proviso. within .the time prescribed by this Act. Provided that th provisiond of this Section shall not apply to any lease exec11 between landlord and tena~lt relative to land in the Presidency of Madras lia t.o the payment of revenue to Govel.nment, br~t any suclr lease may be register uncler Sectiou XVI, subject to the provisiorls of Sections S V I I and XXX. , . XIV. For the purposes of this Act, the value of the right, title, or inter in any in~nlovsahle property created, declared, trailsferr Mode of determining, t ~ c value of the `tight,` or extinguished by any Instrument shall . be take11 to ', -title, or interest affected Instrulnents required the value indicated by the Stanlp afixzd thereto or impres "' tberecn under Act `X` of 1862 (to cohsolidate arrd a7 , lazu relaling to Stamp `Duties),` or under any other -Act for the time force for regulating the Stamp Duties. ' . . . . . . . . . . . . . . . . . . . . . , `. I . ,` 1 % ACT So. YVI oF 1864. XV. IE a District Begistrar or Deputy Registrar shall refuse to register a,n[' ] F On to registel,, Iristrument falling within the provisions of Section XIII, it regu1ar suit may 'le shall bc laivful for any person interested to institute a regular brought to enforce registration. suit in order to establish liis right to have such Instrument registered, and the Instrument shall be admissible in evidence for the purposes of such. suit,. The District Registrar or Deputy Registrar who refused to register such Instruinent shall not be made a party to any such suit, but the Court may if it shall think proper order such District Registrar or Deputy Registrar to register the Instrument, and he shall be bound to comply with the order. The petition of plaint in any suit instituted under this Section shall be written on paper bearing a stamp of the value of eight annas. XVI. On arid aftei. the date on which this Act shall come into operation, Znstauruenis 17ltel.enf any of the follo~viring instruments executed on or after the the rcg&trr.tion is optional. said date may be registered under this Act :- 1. Any Instrunlent which purports or operates to create, declare, transfer or extinguish ally right, title, or interest of value less. Ghsn one hundred Rupees, in any immoveable property. 2. Any Instrument which acknowledges the reccipt or payment of any consideration on account of the creation, declaration, transfer or extinction of any right, title, or interest, of such value as aforesaid, in any such immoveable property. 3. Any lease for a period not exceeding one year.