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In deciding whether an instrument falls within Section 17(1)(b) of the Registration Act, the test laid down by Bageshwari Charan v. Jagarnath Kuare (AIR 1932 PC 55) is that the instrument must:
Answer & Solution
Correct answer: C.
1. Bageshwari Charan held that "declare" in Section 17 does not mean a mere declaration of fact.
2. The instrument must connote a writing effectuating a "change of relation" to the property.
3. The expressions "create, assign, limit or extinguish" likewise imply a definite change in legal relation, not a recital of an existing state.
4. The other descriptors relate to formal drafting requirements that are necessary for validity but do not by themselves trigger Section 17(1)(b).
_Source: ICSI CS Executive Paper 1 (Jurisprudence, Interpretation & General Laws) — Lesson 15: Registration Act, 1908, pp. 375-388._
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