In Pakistan, land ownership and record-keeping can be complex due to multiple terms and documents used in daily transactions. Among the most commonly confused terms are Patta, Fard, and Registry. Each of these has a distinct legal and administrative purpose in the context of land revenue and ownership.
This article explains the difference between Patta, Fard, and Registry, their legal significance, and the relevant Pakistani laws that govern them.
What is Patta (پٹہ)?
Definition:
Patta is an informal document that typically represents possession or lease rights of land. It is often issued in rural areas or for agricultural land granted by the government or local authorities.
Key Features:
- Not a formal title or ownership proof
- May be issued for agricultural or state land
- Often granted for temporary or conditional occupation
- Can be revoked by the issuing authority
Types of Patta:
- Lease Patta (for cultivation or tenancy)
- Khasra Patta (plot-wise allocation)
Legal Status:
Patta does not confer ownership and is not a substitute for Registry. It may only prove tenancy rights or temporary occupation.
Relevance to Pakistan Law
FOROQUE AHMED CHOWDHURY versus MAFIZUR RAHMAN AND OTHERS,PLD 1966 Dacca 444:
This judgment illustrates a land dispute where the validity of a “Patta” (lease) was contested. The court examined the genuineness of the Patta and its impact on determining rightful possession and title to the land.
Aminuddin Biswas v. Miajan Biswas and others, PLD 1960 Dacca 429:
This case emphasized the need for concrete evidence to rebut the presumption of correctness attached to entries in the record-of-rights. The court also clarified that an identifier of a document is not necessarily bound by the statements made within it and highlighted the significance of local investigations in resolving land disputes. The defendant’s claim was based on “patta”.
SRI RAJA YARLAGADDA SIVA RAMA PRASAD BAHADUR-Appellant Versus MAJETI POTHARAJU and others-Respondents, PLD 1949 Privy Council 65:
The case involves a dispute between the plaintiffs, claiming to be ‘ryots’ (occupancy tenants), and the defendant, a zamindar (landholder), concerning the obligation to issue a ‘patta’ (legal document entitling land rights) for approximately 35 acres of land. The central contention revolves around the plaintiffs’ rights to the land after it remained uncultivated due to the disrepair of an irrigation tank.
Abdul Hakim v. The State, PLD 1958 Dacca 253:
This judgment upholds the conviction of Abdul Hakim, who was charged with forging a patta. The ruling highlights the importance of forensic evidence and the responsibility of the court to ensure its correct implementation.
What is Fard (فرد ملکیت)?
Definition:
Fard is a certified extract of the land record issued by the revenue department, showing current ownership and mutation history. It is also called Fard Malkiat.
Key Features:
- Contains details of Khewat, Khasra, Khatoni numbers
- Shows name(s) of owner(s)
- Used for verification, sale, or legal disputes
- Essential in mutation and property transactions
Where to Get Fard:
- Punjab: PLRA Website
- Sindh, KP, Balochistan: Tehsil / Mukhtiarkar offices
Legal Use:
- Evidence of possession and ownership
- Required for bank loans, mutations, and court cases
- Helps in tracing land record history
Note: Fard is not proof of ownership title, but an official record of land possession.
Relevance to Pakistan Law
Roshan Din v. Tehsildar and others, 2010 YLR 5:
This judgment discussed a Patwari’s failure to incorporate a mutation in the record-of-rights, emphasizing legal duties and aiming to curb corruption related to land records
Sardar KARIM HAYAT KHAN AND OTHERS versus KARIM AND ANOTHER, PLD 1960 W.P. (Rev.) 75:
This judgment reinforces the importance of adhering to the prescribed legal procedures when altering land records. It clarifies that any changes made by a Patwari without following the due process, especially when the matter is disputed, are considered invalid.
Mst. Feroza Begum v. Additional District Collector and others, PLD 2015 Lahore 384:
This case explains powers of registering officers to ensure the identity of those executing the documents of registration and the genuineness of the execution, especially when documents are presented through a local commission. The court distinguished the cited case of Roshan Din v. Tehsildar
MUHAMMAD AFZAL ETC. versus Mst. JEHAN ARA BEGUM ETC., PLD 1966 W.P. (Rev.) 88:
This judgment reinforces the importance of adhering to the prescribed legal procedures for altering revenue records, as outlined in section 37 of the Punjab Land Revenue Act. It clarifies that long-standing entries in the revenue record cannot be changed unilaterally through administrative orders like ‘fard badar’ and can only be altered based on a decree from a Civil Court.
Muhammad Iqbal and others Versus Rab Nawaz and others, 2018 YLR 1813:
The Fard Badar was improperly used to change longstanding entries of ownership. The court emphasized that ‘Fard Badar’ is only meant for correcting clerical mistakes and not for altering ownership status.
What is Registry (رجسٹری)?
Definition:
Registry refers to a registered deed of sale, gift, or transfer of immovable property executed under the Registration Act, 1908. It is the strongest legal proof of ownership of land or property.
Key Features:
- Prepared by a Sub-Registrar of Deeds
- Signed by buyer, seller, and witnesses
- Legally recognized as title deed
- Registry number and date are recorded
Common Types of Registry:
- Sale Deed
- Gift Deed
- Exchange Deed
- Partition Deed
Legal Significance:
- Registry creates title in favor of buyer
- Essential in mutation and Fard update
- Can be challenged only through court proceedings
Relevance to Pakistan Law
MUSHTAQ AHMAD and others versus MUHAMMAD SAEED and others, 2004 SCMR 530:
This case highlights the importance of clear pleadings in written statements and their impact on the admissibility of subsequent arguments. It underscores the principle that prior agreements can be specifically enforced, safeguarding the rights of parties who have taken possession based on such agreements. Therefore, emphasis on the agreement which was not registered.
M. PEARJAHAN MIAN AND OTHERS‑–Appellants versus GURU CHARAN ROY CHOWDHURY AND OTHERS, PLD 1963 Dacca 389:
This judgment clarifies the scope of inquiry permissible for the District Registrar under the Registration Act, limiting it to ensuring the genuineness and identity of the document. It also emphasizes that the onus of proof lies on the defendants to prove material alterations once the executants admit to signing the document.
KHALID PERVAIZ KHAN TAREEN and another versus DEPUTY COMMISSIONER/REGISTRAR, QUETTA DISTRICT, QUETTA and another, PLD 1994 Quetta 9:
The judgment clarifies the extent of the Registrar’s authority in imposing conditions for property registration, emphasizing that while measures to prevent illegal transfers and ensure proper identification are permissible, mandating valuation based on market rates exceeds the scope of the Registration Act.
Jainullah and Another versus Anu Mia and Others, PLD 1964 Dacca 12:
This judgment reinforces the principle that, in cases of competing claims arising from successive transfers by the same vendor, the date of execution of the document is the determining factor for establishing precedence, not the date of registration. This ruling clarifies the interpretation and application of Section 47 of the Registration Act, ensuring the protection of bona fide purchasers and promoting fairness in property transactions.
Fazla v. Mehr Din and 2 others, 1997 SCMR 837:
This judgment clarifies the interplay between the Registration Act and the Transfer of Property Act, specifically Section 53-A, in cases involving unregistered sale deeds.
Abdul Hakim v. The State, PLD 1958 Dacca 253:
The High Court reiterated the importance of upholding constitutional guarantees of equality.
Mst. NAZEERAN and others Versus ALI BUX and others, 2024 SCMR 1271:
This judgment reinforces the importance of documentary evidence, it also highlights the significance of registered documents and the stringent requirements for proving fraud in property transactions. It clarifies the legal principles surrounding the burden of proof and the rights of minors in property matters, setting a precedent for similar cases involving land disputes and fraudulent transactions.
Muhammad Hussain v. Mubarik Ali, PLD 1978 Lahore 311:
This judgment clarifies the distinction between suits for specific performance and those under Section 77 of the Registration Act. It confirms that a party can file a suit for specific performance of a contract of sale even without first exhausting remedies under the Registration Act.
Relevant Statutes
- Registration Act 1908: governs all registration related processes.
- Land Revenue Act: Includes within its domain all matters related to revenue generated from land.
- Transfer of Property Act 1882: includes regulations regarding property transfer agreements.
Conclusion
Understanding the difference between Patta, Fard, and Registry is crucial for safe and legal land transactions in Pakistan. While Patta may indicate possession, and Fard shows mutation and land records, only a registered Registry document confirms legal ownership.
For any dispute or transaction, always consult a property lawyer or verify documents from the relevant revenue department.