THE REGISTRATION ACT 1908

Section 17: Compulsory Registration of Documents

(1) Mandatory Registration

(a) Gifts of Immovable Property: Any document involving the transfer of immovable property through a
gift must be registered.
(b) Non-testamentary Instruments: Documents creating, declaring, assigning, limiting, or extinguishing
any right, title, or interest in immovable property, with a value of Rs. 100 or more, must be registered.
(bb) Power of Attorney or Sale Agreements: Instruments granting power to an attorney or constituting
an agreement for the transfer of immovable property, with a value of Rs. 100 or more, must be registered.
(c) Acknowledgement of Consideration: Non-testamentary instruments acknowledging the receipt or
payment of consideration for the creation, declaration, assignment, limitation, or extinction of any right,
title, or interest in immovable property must be registered.
(d) Leases of Immovable Property: Leases for a term exceeding one year or reserving a yearly rent must
be registered.
(e) Transfer of Decrees or Orders: Non-testamentary instruments transferring or assigning any decree or
court order related to immovable property, with a value of Rs. 100 or more, must be registered.

Exception: The government may exempt certain leases with terms not exceeding five years and annual
rents not exceeding fifty rupees.

(2) Exemptions from Mandatory Registration

(i) Composition deeds

(ii) Instruments related to shares in Joint Stock Companies
(iii) Debentures not creating, declaring, assigning, limiting, or extinguishing rights in immovable
property, except as security
(iv) Endorsements or transfers of debentures
(v) Documents creating a right to obtain another document related to immovable property
(vi) Court decrees or orders, except those involving compromises and immovable property
(vii) Grants of immovable property by the Federal or Provincial Government
(viii) Instruments of partition by Revenue officers
(ix) Orders granting loans or collateral security under the Land Improvement Loans Act, 1883
(x) Orders granting loans for agricultural purposes under relevant laws
(xi) Endorsements on mortgage deeds acknowledging payment
(xii) Certificates of sale for properties sold at public auction
(xiii) Counterparts of registered leases*

Explanation: Documents for the sale of immovable property with recitals of earnest money or purchase
money do not require registration.

(3) Additional Registration Requirement: Authorities to adopt a son, executed after January 1, 1872,
not conferred by a will, must also be registered.

Section 18: Optional Registration of Documents

Any document not required to be registered under Section 17 may still be registered under this Act.

Section 19: Documents in language not understood by registering officer

If a document presented for registration is in a language not understood by the registering officer and is
not commonly used in the district, the officer will reject the document unless it is accompanied by a true
translation into a language commonly used in the district and also by a true copy.

Section 20: Documents containing interlineations, blanks, erasures or alterations

(1) The registering officer has the discretion to refuse the registration of any document containing
interlineations, blanks, erasures, or alterations unless the persons executing the document attest with their
signatures or initials to such interlineation, blank, erasure, or alteration.

(2) If a registering officer registers a document with such changes, a note will be made in the register at
the time of registration regarding the interlineation, blank, erasure, or alteration.
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THE COURT FEES ACT, 1870

Section 7: Computation of Fees in Certain Suits

In the suits mentioned below, the fee payable under this Act is calculated as follows:

(i) For Money:

In suits for money (including damages, compensation, arrears of maintenance, annuities, or other periodic
sums), the fee is based on the amount claimed.
(ii) For Maintenance and Annuities:
In suits for maintenance, annuities, or periodic sums, the fee is based on the value of the subject-matter,
deemed to be ten times the claimed amount for one year.
(iii) For Movable Property with Market Value:
In suits for movable property (other than money) with a market value, the fee is based on the market
value at the date of presenting the plaint.
(iv) In Various Suits:
For movable property without market value, to enforce a right in joint family property, declaratory
decrees, injunctions, easements, and accounts, the fee is according to the amount at which the relief
sought is valued in the plaint or memorandum of appeal.
[Provided that this clause does not apply to suits in clause iv-A.]
(iv-A) For Declaratory Decree on Immovable Property:
In suits for declaratory decrees on immovable property based on alleged sale, gift, exchange, or mortgage,
the fee is according to the value of the property.
(v) For Possession of Lands, Houses, and Gardens:
In suits for possession, the fee is based on the value of the subject-matter, considering net profits or
market value.
(vi) To Enforce a Right of Pre-emption:
In suits to enforce a right of pre-emption for land or a house or garden, the fee is calculated based on
specified criteria.

(vii) For Interest of Assignee of Land Revenue:

In suits for the interest of an assignee of land revenue, the fee is fifteen times his net profit for the year.
(viii) To Set Aside an Attachment:
In suits to set aside an attachment, the fee is based on the amount for which the land or interest was
attached.
(ix) To Redeem or Foreclose a Mortgage:
In suits against a mortgagee or by a mortgagee to foreclose, the fee is based on the principal money
secured by the mortgage.
(x) For Specific Performance:
In suits for specific performance of a contract of sale, mortgage, lease, or an award, the fee is based on the
relevant consideration or value.
(xi) Between Landlord and Tenant:
In suits between landlord and tenant, the fee is based on factors like delivery of lease, rent enhancement,
recovery of property, contesting notice of ejectment, recovering illegally ejected property, or abatement of
rent.
(xii) In Other Suits:
In suits not explicitly covered, the fee is based on the claimed value, but not less than an amount
attracting a court fee of less than fifteen rupees.

THE PARTITION ACT, 1893

Section 2: Power to Court to Order Sale Instead of Division in Partition Suits

In partition suits, if the nature of the property, the number of shareholders, or any special circumstance
makes division impractical, the court may, upon the request of shareholders collectively owning at least
one-half of the property, order a sale of the property and distribution of the proceeds.

Section 3: Procedure When Sharer Undertakes to Buy

1. If a shareholder requests a sale under Section 2, and another shareholder wishes to buy the share, the
court will order a valuation.
2. The court will offer to sell the share to the shareholder at the determined price.
3. If multiple shareholders apply to buy, the court will order a sale to the highest bidder above the
valuation.
4. If no shareholder is willing to buy, the applicant(s) will be liable for all associated costs.

Section 4: Partition Suit by Transferee of Share in Dwelling-House

1. If a share of a dwelling-house is transferred to someone outside the family, and the transferee sues
for partition, the court may direct the sale of the share to a family member willing to buy.
2. If multiple family members want to buy, the court follows the procedure of Section 3.

Section 5: Representation of Parties Under Disability

In partition suits, a request for sale or an undertaking to buy can be made on behalf of a party under
disability by an authorized representative. The court decides based on the benefit to the party under
disability.

Section 6: Reserved Bidding and Bidding by Shareholders

1. Sales under Section 2 are subject to reserved bidding, with the amount fixed by the court.
2. Shareholders can bid at the sale on terms set by the court, and if multiple shareholders bid the same
amount, it is deemed the bidding of the shareholder.

Section 7: Procedure to Be Followed in Case of Sales

Except as provided elsewhere, when property is directed to be sold under this Act, the court follows
procedures:
1. If sold under this Act, the court's prescribed procedure.
2. If sold under another court's decree, the procedure prescribed by the High Court or the Code of Civil
Procedure, 1908.

Section 8: Orders for Sale to Be Deemed Decrees

Any order for sale under Sections 2, 3, or 4 is deemed a decree under the Code of Civil Procedure, 1908.
Section 9: Saving of Power to Order Partly Partition and Partly Sale
In a partition suit, the court may decree partial partition and partial sale if deemed fit.

Section 10: Application of Act to Pending Suits

This Act applies to suits initiated before its commencement, where no final approval for partition has been
granted by the court.

Alternative Dispute Resolution Act, 2017

ARBITRATION
Section 2 (c): 'Arbitration' means a process by which parties submit a dispute to the decision of a Neutral
person or persons appointed by mutual consent or under a statutory or contractual provision.
CONCILIATION:
Section 2 (e): 'Conciliation' means a process in which a neutral person encourages the parties to resolve
their civil or commercial disputes voluntarily including by advising on possible solutions and terms of
settlement.
MEDIATION:
Section 2 (i): 'Mediation' means a process in which a Mediator Facilitates dispute resolution by
encouraging communication and negotiation between the parties, in order for them to arrive at a mutually
satisfactory agreement.