INTRODUCTION
Under the Registration Act, there are documents that require compulsory registration. If such documents are not registered there will be no evidentiary value.
RELEVANT PROVISIONS
Section 49 Registration Act 1908 deals with the effects of the non-registration of documents.
PURPOSES OF REGISTRATION
The following are the purposes for registration of the document
- Determination of the legal status of the document
- Admissibility of evidence in the court
EFFECT OF NON-REGISTRATION OF DOCUMENTS
No document that is required by section 17 or by any provision of the Transfer of Property Act, 1882 to be registered, will
(a) affect any immovable property comprised therein
(b) Confer any power to adopt
(c) Be registered as evidence of any transaction affecting such property or conferring such power
Unless it has been registered.
Explanation
There are two parts to section 49 These parts may be discussed as follows۔
First Part: The first part of section 49 purposes that the document itself is the transaction or made in which it has to be carried out۔
Second Part: The second part is concerned with the cases where the document itself is a transaction but is only a record of a transaction or is a transaction contains a reference to or recital of another transaction that affects immovable property comprised therein۔
Illustration
A sells his house to B for Rs 200,0000/= and executes a sale deed in favor of B but B does not get it registered and in case of dispute about such property. this document cannot be presented as evidence in court.
ESSENTIALS CONDITION FOR APPLICATION
- Document
- Registration should be compulsory
- Non-registration of such document
POSITION OF UNREGISTERED DOCUMENT
- No evidentiary value
- Often not admissible in evidence
EXCEPTION
Following are the circumstances when such an instrument can be received in evidence.
- Matters of specific performance
- Receipts for consideration
- Transactional matters
- Evidence of an offense
- Debt matters
- Proving of handwriting
- Matters of delivery of possession
RIGHTS OF A PERSON ALREADY IN POSSESSION
Unregistered documents create some nights for the person who is in possession of prior unregistered documents.
1. Admissible Evidence:
Where a document that requires registration but has not been taken registered such document is admissible in evidence
2. Create a Valid Title:
An unregistered document can also create a valid title in exceptional cases
3. Protection:
The holder of the unregistered document is protected from any interruption under section 53-A of the Transfer of Property Act 1882.
4. Interpret the Intention of the Executant:
Unregistered documents can be interpreted so as to discover the intention of the executant.
CONCLUSION
It is concluded that documents are compulsorily registerable if are not registered and have no evidentiary value Such unregistered document would not operate to create, declare assign, limit, or extinguish in present or in the future, any night, title, or interest whether vested, or contingent to or in immovable property.
FAQs
What is the effect of non-registration of a document which requires compulsory registration?
(2018-A, 2016-A, 2014-A, 2012-A)
What is the effect of the non-registration of documents required to be registered? Discuss.
(2011-S, 2007-A)
What are the rights of a person who is in possession under a prior unregistered?
(2010-S)
