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
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
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
revision petitioners, in their revision petition stated
that the unregistered document, where stamp duty has been valued
can be looked into for collateral purpose ... about by
the document as such, that the document would
required registration as it is then that it would be a
document of title declaring
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."
8. The first reported case under
prove a division in status by an unregistered partition deed, but we cannot prove by an unregistered document following a registered partition deed, which ... genuine document. But, even if it were a genuine document, I should have no doubt that it could not be used, being unregistered, to prove
document which is subjected to stamp duty
is different from registration of the document under the Registration Act .
Once stamp duty is paid, the document ... merits of admissibility of
the document irrespective of the fact whether the document is registered or
unregistered document is also admissible for collateral purpose
application for rejecting the document stating that the document requires registration. It is further submitted that even unregistered document can be marked subject to objection ... Court shall not act upon that document, unless such document is duly stamped. Therefore, relying upon a document, which is not duly stamped, though admitted
into evidence under Section 49 of the Registration Act.
2. Such unregistered document can however be used as
an evidence of collateral purpose as provided ... immovable property through a document which is
compulsorily registerable document and if the same is not registered,
becomes an inadmissible document as envisaged under Section
suit for specific performance filed on
the basis of unregistered documents mere consequential
relief of injunction is sought, will invalidate the very
contract itself from ... documents required to be registered.
Section 49 reads thus:
"49.- Effect of non-registration of documents
required to be registered.- No document required