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What is the effect of non-registration of documents of transfer of immovable property?

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked almost 3 years ago

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3 Answers
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 veeru answered almost 3 years ago

(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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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Pushkala Santhanam answered almost 3 years ago

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.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered almost 3 years ago

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) thanks

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