Registration Act, 1908
49. Effect of non-registration of documents required to be registered.
- No document required by section 17 [or by any provision ... conferring such power, unless it has been registered: [Provided that an unregistered document affecting immovable property and required by this Act, or the Transfer
Certain registered documents relating to land to take effect against unregistered documents.
(1) Every document of the kinds mentioned in clauses ... 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
marking the said document. The
1
High court found that the documents which were the
unregistered family settlement “Khararunama” and
receipt ... such power, unless it has been
registered: 54 [Provided that an
unregistered document affecting
immovable property and required by this
Act or the Transfer
call that document as a document which affects immoveable property.
11. Clause (c) of Section 49 prohibits the reception of an unregistered document in evidence ... admitted in evidence. The document shall not be received as a document affecting land, i.e., a document which has any effect on land
unregistered document requiring
registration and receiving of such document as evidence of any transaction. The
proviso permits such document to be received as evidence under ... based on a distinction between an unregistered lease deed and an
unregistered sale deed for considering the documents for collateral purpose.
The argument was that
registered document is executed, of the prior document seeking to take effect and coming in that process in competition with the later registered document. Both ... become purchaser was only under the unregistered instrument. Then, on the principle already enunciated, if this unregistered document was sufficient and valid for the purpose
permanent injunction based on unregistered lease deed. The
Apex Court held that the lease agreement, being an unregistered
document, could not be used to establish ... view of Section 4 thereof
registration of document is mandatory and the subject document
is unregistered one, the plaintiff is not entitled for relief
against the reception of the unregistered document as evidence. It does not prohibit the reception of any other evidence of the transaction ... obtained by her deceased husband under a partition document. But the document of partition was unregistered. Therefore her right or title could not founded
such power unless it has been registered. Proviso states that an unregistered document affecting immovable property and required by this Act or the Transfer ... unregistered instrument. That was a case where lease deed was intended to be operative for a period of five years. The deed was unregistered document
submitted that the gift deed apart from being an unregistered document, it is not duly stamped and only one witness has attested the document ... unregistered instrument cannot be looked into for any purpose and no title flows to the plaintiff by virtue of such unregistered document.
28. The learned
