Registration Act, 1908 by way of Amendment Act, 2001 , a provision of
section 17(1A) has been introduced. Section 17(1A) of the Registration
Act ... section 2(47)(v) of the IT Act read with section 53A of the Transfer of
Property Act and section 17(1A) of the Registration
Lalwani
was not registered under the Registration Act, 1908 Sub section ( 1A) was
introduced in section 17 of the Registration Act, 1908, by the Registration ... said section 53A. "
Thus, as per the plain and unambiguous provision of Section 17(1A) of the
Registration Act, 1908, if after
joint appraisal of Section 53A of the Transfer of Property Act, 1882;
Section 17 (1A) and Section 49 of the Registration Act, 1908, particularly ... provided under Section 17 of
the Registration Act, 1908 apart from proviso of section 49 of the Registration Act.
In other words, the Deed (Exhibit
Section 53A
of 1882 Act. Section 17(1A) as incorporated and Section 49 of the 1908 Act
as amended read thus:-
"17(1A ... purpose of Section 53A of the 1882 Act. Section
17(1A) reads as follows:-
" Section 17(1A) of Indian Registration Act, 1908 The
documents
from
agreements executed under Section 53-A of the Transfer of Property
Act. Section 17(1A) of the Indian Registration Act introduced by the
Amendment ... purpose of Section 53A of the 1882 Act. Section 17(1A) reads
as follows:-
" Section 17(1A) of Indian Registration Act, 1908
The documents
However, a conjoint reading of section 53A of Transfer of Property
Act with section 17 (1A) of the Registration Act, makes it amply clear
that ... conjoint appraisal of Section 53A of Transfer of
Property Act, 1882. Section 17 (1A) and Section 49 of
the Registration Act, 1908, particularly to proviso
Section 17 of the Registration Act and therefore,
there is a valid conveyance of title. Even as per Section
17(1A) of the Registration Act ... Registration Act, viz., that is
before inserting sub-section (1A) of Section 17 to the
Registration Act, 1908 . Sub-section (1A) of Section 17
service for the purpose of
Section 53A of the Transfer of Property Act,
1882. Section 17(1A) of the Registration Act,
1908, does not, whether ... said Section
53A. So, the exception to the proviso to Section
49 is provided under Section 17(1A) of the
Registration Act. Otherwise, the proviso
contentions.
10. Section 17(1A) of the Registration Act reads thus:
"17. Documents of which registration is
compulsory.-
xxxxxxxxx
(1A) The documents containing contracts ... Section 17(1)(f) in the Registration Act . Admittedly, in this
case, the play of that Sub-section does not arise. Effect of Section 17
duly registered as required by law
under Section 17(1A) and Section 49 of the Registration Act.
10. Further, Learned Counsel also relied upon ... unless the purported
document is registered under Section 17(1A) or Section 49
of the Registration Act then Section 53(A) shall have no
effect
