30. "Under the circumstances, as per proviso to Section 49 of the Registration Act, an unregistered document affecting immovable property and required by Registration Act or the Transfer of. 3. if details not recieved, By Loging in you agree to Terms of Services and Privacy Policy. Binding nature of the decision depends on the nature and extent of the above provisions applicable to the facts in each case. Advocate Amaresh Singh is a highly qualified legal professional, having obtained his law degree from University of Allahabad, in the year 1999. It goes without saying that as per the provisions of the Registration Act, as it originally stood, an unregistered agreement could have been put forward for claiming a decree for specific performance and also any relief based on the claim of part performance. It was alleged by the respondent that while he was in hospital for treatment of his liver ailment, the appellants allegedly obtained his signatures on papers and made up the Khararunama. It has been held by the Apex Court that even a trespasser, who is in settled possession, can maintain an injunction suit against the true owner of the property. The suit was on the basis of an unregistered agreement dated 23.03.1996 to sell immovable property. 27. (d) six months from the date of execution. Understand your clients strategies and the most pressing issues they are facing. Section 49 of the Registration Act is relevant because it speaks about the effect of non- registration of documents required to be registered under Section 17 of the Act. (d) a movable property requiring compulsory registration. Section 40 of the Registration Act refers to, (a) documents which are irrevocable and have the binding effect, (b) documents which can be revoked at any moment and have no binding effect even after the death of the executant, (c) documents which can be revoked at any moment and have no binding effect till the death of the executant, 54. However, no corresponding change was made to the proviso to Section 49 of the Registration Act which allows unregistered documents affecting immovable property (otherwise required to be registered under the Registration Act or Transfer of Property Act, 1882) to be received as evidence in a suit for specific performance. In P.M. Anand Babu And Ors. Under section 32 a document for registration can be presented, (b) by the representative of the executor, (c) by the agent of the executor authorised through a valid power of attorney, 49. 4. 1. The background of the case was that on November 17, 1980, a partition list was executed recording the fact of partition which was already effected. Section 17 of the Registration Act provides for, (a) documents which are not at all registrable, (b) documents which are compulsorily registrable, (c) documents the registration of which is optional, 11. Thereafter the sale deed in favour of Z executed on 10-1-2002 was registered on 20-1-2002. Release of his share/interest in the partnership property by a partner, in favour of other partners is, (a) a movable property requiring compulsory registration being in the nature of gift, (b) a movable property requiring no registration, (c) an immovable property requiring compulsory registration, 77. 2. The Elements of a Wrongful Termination in Violation of Public Policy Claim. The next generation search tool for finding the right lawyer for you. Section 17(l)(d) of the Registration Act applies to, (a) a lease for any term exceeding one year, 21. In the Registration Act immovable property has been defined, 2. Whereas the sale deed in favour of Y was registered on 30-1-2002. Since the property in question is located in the State of Uttar Pradesh, we shall consider the State Amendments to Sections 17 and 49 in the Registration Act which was effected prior to Central Act 48 of 2001. InM/s Jiwan Industries (P) Ltd. v. Smt. Subsequently on 10-1-2002, X executed a sale deed in respect of the same property in favour of Z. Copyright 10. An unregistered document affecting immovable property (a) shall not affect any immovable property comprised therein (b) is inadmissible in evidence (c) both (a) & (b) (d) either (a) or (b). 89. 100.. 220 of 1992. In which among the following cases, the Supreme Court held that Registration of Will did not dispense with need of proving execution and attestation of it? 3. A document stating that the house, which is the absolute property of 'A' shall be enjoyed by 'A' with powers of gift & sale, C. Award on mortgage declaring amount due and stating that on default property might be sold, More Related Questions on Registration Act. Likewise, the proposition laid down therein that an unregistered agreement for sale is inadmissible in evidence cannot be applied blindfolded to all cases where the legal provisions applicable are not akin to the law in State of Uttar Pradesh in this regard. The lease covered under Section 17(l)(d) is, (b) registration of such a lease is optional, 22. 11 (2011) 14 SCC 66, Category
(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: 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 In order to comment on the correctness of the above legal proposition, it will be apposite to understand the facts in the above case tersely mentioned in the decision. Legal effect of the amendment is that non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent in immovable property shall be registered irrespective of its value. A registering officer may refuse the registration of the documents, (a) which are in a language not understood by the registering officer & not commonly used, (b) which contain interlineations, blanks, erasures or alterations, 26. Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (IV 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 (I of 1877), or as evidence of any collateral transaction . 49. 1. In other words, an unregistered document cannot be used for the purpose of establishing that the document created or declared or assigned or limited or extinguished a right to immovable property. Proviso, however, would show that an unregistered document affecting immovable property and required by 1908 Act or the Transfer of Property Act, 1882 to be registered may be received as an evidence to the contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument. India has been defined under section 2(6A) of the Indian Registration Act, 1908, as, (a) means the territory of India including the places situate outside India under the authority of the Government of India, (b) means the territory of India including the State of Jammu and Kashmir, (c) means the territory of India excluding the State of Jammu and Kashmir. 9 (2008) 8 SCC 564
Section 123 of the Transfer of Property Act, 1882 is, (a) an exception to section 17(l)(a) of the Indian Registration Act, 1908, (b) supplemental to section 17(l)(a) of the Indian Registration Act, 1908, (c) an exception to section 17(l)(b) of the Indian Registration Act, 1908. Justice Najmi Waziri and Justice Vikas Mahajan [13.07.2023]. 6AIR 1981 AP 175
Which of the following documents has the effect of a definite change of legal relation to a property, (a) a document executed by the parties within an hour of the alleged completed oral partition which starts with the recitals of details in the past tense but concludes in the present tense and describes itself as a partition deed, (b) A document as a result of which immovable property standing in the names of the parties in certain shares, is to stand in their names but in different shares, (c) A document recitals of which declare the existence of a given state of affairs, 17. +919815635666
XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely: - . Sub-section (1A) has been introduced to Section 17 of the Registration Act through Act 48 of 2001. Privacy Policy 9. Which is not an immovable property under the Registration Act, 3. required by law to be registered, if unregistered, is inadmissible as evidence of a transaction affecting immovable property, but it may be admitted as evidence of collateral facts, or for any collateral purpose, that is for any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property. All other terms and conditions between the landlord and tenant as stated in the registered lease deed whether it be for the period of lease, or the rate of rent or area of tenancy or other terms and conditions, the same cannot be looked into in view of the specific bar of Section 49 of the Registration Act.. In the Registration Act immovable property has been defined (a) under section 2 (7) (b) under section 2 (9) (c) under section 2 (6) (d) under section 2 (10). The cardinal principle would be whether by allowing the case of the party to consider an unregistered document it would result in the breach of the mandate of Section 49 of the Registration Act, added the Court. A document can be presented for registration beyond the period of 4 months of its execution, 35. . A document relating to land can be presented for registration in the office of a Sub-registrar within whose sub-district, (a) the whole of the property to which the document relates is situate, (b) some portion of the property is situate, (c) the whole or some portion of the property is situate, 42. Such unregistered document can however be used as an evidence of collateral purpose as provided in the Proviso toSection 49of the Registration Act. A collateral transaction must be a transaction not itself required to be effected by a registered document, that is, a transaction creating, etc. Plagiarism Prevention 5. parties. [71] Therefore . Image Guidelines 4. 5. The section, after undergoing changes pursuant to Act 48 of 2001, reads thus: 49. After the payment was done, a Kharurunama dated April 15, 1986, was executed. Therefore, the Agreement dated 04/06/1975 and Memorandum dated 05/06/1975 have to be construed as relinquishment deeds. No document required by section 17 [or by any provision of the Transfer of Property Act, 1882 to be registered shall: (a)affect any immovable property comprised therein, or. Act 57 of 1976 which came into force from 1.1.1977. Section 49 of the Registration Act stipulates the effect of non-registration of documents required to be registered. Legitquest is a Legal-Tech venture run by a versatile team of tech-savvy attorneys, engineers and designers who aim to make the practice of law simpler for its end users. iasstudygroup@gmail.com,mirzasaddam844@gmail.com. Section 17(1)(g) is about the registration of power of attorney dealing with rights of management, administration, development, transfer etc. 100 sample questions on The Registration Act, 1908 for Kerala Judiciary Examination (preliminary), 1. Bar on unregistered document under Registration Act, 1908 Section 49 of Registration Act, 1908: Effect of non-registration of documents required to be registered.No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall (a) affect any immovable property comprised therein, or (b) After considering the arguments, the Apex Court observed that the law is not that in every case where a party sets up the plea that the court may look into an unregistered document to show the nature of the possession that the court would agree to it. The transfer of his interest by a partner in the partnership assets, to a third party, is, (a) an immovable property requiring compulsory registration, (b) an immovable property requiring optional registration, (c) a movable property requiring no registration. - (1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. However, trend of the judicial decisions or trend of judicial opinion is to the effect that 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 . Which of the following is not compulsorily registrable, (a) partition list recording what had already happened, (b) chittas which are memorandum containing the list of shares which each of the parties got at the time of partition, duly signed by the parties in order to authenticate the list, (c) A family arrangement recorded in writing, as a record of what has been agreed upon in order that they are not lazy notions about it in future, 71. 81. The two documents relate to; one being an unregistered sale deed of immovable property worth more than Rs. 49. In the said case, by virtue of section 47, (a) the sale deed executed in favour of Y on 1-1-2002 & registered on 30.1.2002 shall have precedence & confer title on Y, (b) the sale deed executed in favour of Z on 10-1-2002 & registered on 20-1-2002 shall have precedence & confer title on Z.