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Showing contexts for: collateral transaction in Tulsidas Hiralal Mistry And Anr vs Kailash Punavasi Yadav And Anr on 18 April, 2022Matching Fragments
8. The submission on behalf of the petitioners that the MOU, was required to be compulsorily registered and thus the said document, for want of registration, could not have been exhibited is required to be appreciated in the light of the provisions contained in section 49 of the Registration Act, 1908. The proviso to section 49 makes it clear that an unregistered document affecting immovable property may be received as evidence of any collateral transaction not required to be effected by registered instrument. The bar under section 49 is therefore of a definite nature. There is no embargo against acting upon an unregistered instrument for all intent and purpose.