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(a) affect any immovable property comprised therein; or
(b) confer any power to adopt; or
(c) be received as evidence of any transaction affecting such property or conferring such power unless it has been registered.
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Section 49 of the Registration Act, 1908 provides that 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
(b) confer any power to adopt; or
(c) be received as evidence of any transaction affecting such property or conferring such power unless it has been registered.
Section 49 is mandatory and a document which is required to be registered cannot be received in evidence as affecting immovable property.
An unregistered document which comes within Section 17 cannot be used in any legal proceeding to bring out indirectly the effect which it would have if registered.
If a deed of transfer of immovable property whose registration is
compulsory under section 17 of the Registration Act, 1908 (16 of 1908), is not
registered then, it will not be admissible in evidence. (For details, please see Part
X, Section 47 to 50 of the Registration Act, 1908)
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