Document Fragment View

Matching Fragments

(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:
1 [Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) 2 , 3 *** or as evidence of any collateral transaction not required to be effected by registered instrument.]"

29. The above mentioned Section enunciates the repercussions of the non- registration of the documents which are mandated to be registered as per Section 17 of the Registration Act, 1908, and if not registered, it shall not affect any rights created in the immovable property or confer any power for the purpose of adoption and hence, it cannot be taken into consideration as evidence/proof of any transaction pertaining to such creation of right in the immovable property or confer any power to adopt. The exception is carved out in cases when the same has to be used as an evidence in suit for specific performance or used as an evidence for the purpose of a collateral transaction does not mandate the registration of the document.

a) it could be received in evidence of a contract in a suit for specific performance;
b) as evidence of part performance of a contract for the purpose of Section 53 (A) of the Transfer of Property Act; and
c) as evidence of any collateral transaction, which is not required to be effected by a registered document.
Signature Not Verified Digitally Signed C.R.P. 16/2021 Page 16 of 40
4. A collateral transaction must be a transaction not itself required to be effected by a registered document, that is, a transaction creating, etc. any right, title or interest in immovable property of the value of one hundred rupees and upwards.
5. If a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence and that to use a document for the purpose of proving an important clause would not be using it as a collateral purpose.