The Registration Act, 1908 - cs notes

REGISTRATION ACT 1908 [CS EXECUTIVE]
SECTION 49 Effect of non- registration of documents required to be
registered.-[IMP.]
2002 DEC.
document will not effect
(a) any immovable property or
(b) any power to adopt, or
(c) will not received as evidence of any transaction affecting such property or conferring such
power,
unless it has been registered:…..If Registered then it will effect all above.
an unregistered document affecting immovable property and required by this
act , to be registered may be received/used as evidence.
2004 DEC EXAMPLE: Ajit sells a house to baljit by a written document in 1997 and delivers
possession thereof to baljit. But the document is not registered. After 1 yr ajit sues baljit to take
back possession of the house on the ground that because of non registration, the document has
no validity. Will ajit succeed
ANS: AJIT WILL NOT SUCCEED .Accord to sec 49 if any document is required to be
registered and it is not registered it will not admitted as evidence under Indian
evidence act 1972.
But under Transfer of property act document can be used as evidence if document is
proof of part performance of a contract and plantiff is willing to perform his part of
deal.
In this case Because it comes under section 53A. and ajit will not succeed.
SECTION 50. Certain registered documents relating to land to take effect
against unregistered documents.-
(1) Every document mentioned in clauses (a), (b), (c) and (d) of section 17, and clause (b) of
section 18,
shall, if duly registered, take effect as regards the property comprised therein, against every
unregistered document relating to the same property, and not being a decree or order,
whether such unregistered document be of the same nature as the registered document or not.
COMPILED BY MS.SHUBHAM AGARWAL [CS, LL.B.]
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