Home › CS Executive › jurisprudence › Registration Act 1908 › Section 49 of the Registration Act, 1908 makes a…
Section 49 of the Registration Act, 1908 makes a document required to be registered but left unregistered inadmissible to affect immovable property. The PROVISO to Section 49, however, permits the unregistered document:
Answer & Solution
Correct answer: B.
1. The body of Section 49 forbids reception of an unregistered document required to be registered to affect immovable property or to confer any power to adopt.
2. The proviso carves out three uses: (i) evidence of contract in a suit for specific performance, (ii) evidence of part performance under Section 53A TPA, and (iii) evidence of a collateral transaction not required to be effected by registered instrument.
3. The document does not become conclusive evidence of title — only an evidentiary aid for the specified purposes.
4. K. Narasimha Rao v. Sai Vishnu, AIR 2006 NOC (AP) 80, illustrates that an instrument insufficiently stamped is inadmissible even for collateral purposes until properly stamped.
_Source: ICSI CS Executive Paper 1 (Jurisprudence, Interpretation & General Laws) — Lesson 15: Registration Act, 1908, pp. 375-388._
Related questions
Where the Registrar himself refuses to order a document to be registered, the aggrieved paUnder Section 72 of the Registration Act, 1908, an appeal against an order of the Sub-RegiThe certificate of registration endorsed by the registering officer under Section 60 of thUnder Section 47 of the Registration Act, 1908, a registered document operates from:In which Book maintained at the Registration Office are non-testamentary documents relatinFor the purpose of presenting a document under Section 32(c) of the Registration Act throuUnder Section 32 of the Registration Act, 1908, a document is presented for registration bUnder Section 30 of the Registration Act, 1908, a document relating to immovable property