No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 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: Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (1 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument. The amended provision came into force with effect from 24.09.2001. However, as provided in Section 49, proviso, an unregistered document affecting the immovable property and required by this Act or the Transfer of Property Act, 1882 to be registered may be received as evidence of a contract in a suit for specific performance or as evidence of part performance of a contract for the purposes of Section 53A of . 1. Section 49 (c) of Registration Act prohibits the admitting of compulsorily registrable documents which are unregistered as evidence of any transaction affecting immovable property unless it has been registered. Section 122 of the Transfer of Property Act (T.P. A right to pluck fruits, carry away & appropriate is, 7. 59. Observing that since the Khararunama by itself, does not affect immovable property, being a record of the alleged past transaction, though relating to immovable property, the Top Court said that there would be no breach of Section 49(1)(c), as it was not being used as evidence of a transaction effecting such property. The counsel for the appellants submitted that the High Court had erred in not considering the family settlement Khararunama and receipt in accordance with well-established principles relating to the law of family settlement. The doctrine of relation back in the Registration Act is contained in, 55. Section 17(1)(b) directly applies to the issue. Whether the legal proposition laid down by the Supreme Court in Balram Singh vs. Kelo Devi[2022 LiveLaw (SC) 800] prescribing a blanket bar in passing a decree for specific performance of a contract based on an unregistered document/ agreement to sell immovable property is a dictum applicable pan India? A document required to be registered is not admissible into evidence under Section 49 of the Registration Act. Which of the following require compulsory registration under section 17(l)(b), (a) an agreement by which the mortgagor agrees to pay or the mortgagee agrees to accept interest at a rate, different than the one fixed by the registered mortgage deed, (b) an agreement by which the period of redemption fixed by the mortgage deed is reduced or enhanced, (c) an agreement to accept on redemption smaller amount than what is due under a registered mortgage deed, 19. A document relating to land, registered at a place where no part of the property is situate, the registration is, (b) void only if parties in collusion with each other, committed fraud on the registering authority, (c) voidable & may be set aside within the period of limitations, 43. InM/s Jiwan Industries (P) Ltd. v. Smt. About the identity of the parties to that transfer, C. About the title of the party seeking transfer of that property, Which of the following documents do not cause any change in the legal relationship to the property, A. 1. (a) a registrar only can receive a document at the residence of a person desiring to present the document for registration, (b) a Sub-registrar only of the concerned sub-district can receive the document at the residence, 47. Account Disable 12. Review your content's performance and reach. However, later, the respondent instituted a suit seeking declaration of title over the plaint schedule properties listed in the partition deed and sought for eviction of Korukonda Chalapathi Rao. Act 57 of 1976 which came into force from 1.1.1977. If an employer was allowed to fire an employee for refusing to lie at a hearing, it would fly in the face of this important public policy, and would additionally encourage breaking the law. In which among the following cases, the Supreme Court held that Registration of Will did not dispense with need of proving execution and attestation of it? Korukonda Chalapathi Rao & Anr vs. Korukonda Annapurna Sampath Kumar. The expression "collateral transaction" in the proviso toSection 49of Registration Act is not to be used in the sense of an ancillary or a subsidiary transaction to a main or principal transaction. (a) the gift deed executed in favour of Y on 1-1-2002 & registered on 30-1-2002 shall have precedence even if possession was not delivered to Y & gift was not complete, (b) the gift deed executed in favour of Z on 10-1-2002 & registered on 20-1-2002 shall have precedence as possession was delivered to Z as the gift was complete under Muslim law, (a) protects oral agreement accompanied with delivery of possession against the rule of priority, (b) protects oral agreement unaccompanied with delivery of possession against the rule of priority, 61. A document required to be registered is not admissible into evidence underSection 49of the Registration Act. As pointed out earlier, the situation in the State of Kerala remains different even after the amendment. Sub-section (1A) has been introduced to Section 17 of the Registration Act through Act 48 of 2001. ajay sethi (Expert) 11 May 2012. Subsequently on 10-1-2002, X executed a sale deed in respect of the same property in favour of Z. Section 123 of the same Act makes it mandatory that the transfer of property through gift deed be through a registered instrument signed by or on behalf of the donor and signed by two independent witnesses. Release of his share/interest in the partnership property by a partner, in favour of other partners is, (a) a movable property requiring compulsory registration being in the nature of gift, (b) a movable property requiring no registration, (c) an immovable property requiring compulsory registration, 77. 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. The Appellate Court reversed the Trial Courts judgment and decree in favor of the plaintiff and dismissed the defendants counter-claim. Which of the following is an immovable property within the meaning of section 2(6) of the Indian Registration Act, 1908, as benefit arising out of land, (a) a transfer of future rents in respect of land, (b) a transfer of rents which have already accrued, 87. No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882), to be registered shall. Right of taking or running water from a river, under the Indian Registration Act, 1908 is, 86. 5. Section 17(l)(d) of the Registration Act applies to, (a) a lease for any term exceeding one year, 21. Instruments of the gift of immovable property. Non-testamentary instruments which acknowledge. Hence, Exhibits B-21 and B-22 are the documents which squarely fall within the ambit of section 17 (i) (b) of the Registration Act and hence are compulsorily registerable documents and the same are inadmissible in evidence for the purpose of proving the factum of partition between the parties. Is inadmissible in evidence C. Both (A) and (B) D. Either (A) or (B) Answer: Option C In the suit, the defendant/ appellant raised a counter-claim seeking a decree for possession of the property, virtually indicating that the plaintiff/ respondent was keeping possession of the property pursuant to the unregistered agreement. Effect of non-registration of documents required to be registered. It goes without saying that as per the provisions of the Registration Act, as it originally stood, an unregistered agreement could have been put forward for claiming a decree for specific performance and also any relief based on the claim of part performance. A registered document relating to a property takes precedence over the unregistered document relating to the same property under. Correspondingly section 53A of the Transfer of Property Act was also amended by omitting the words, the contract, though required to be registered has not been registered, or,. Which of the following is not a collateral purpose, 68. A deed purporting to bestow residence in the house and food from the rent of the house is a, (a) declaration of what his interest in the house to be in future and thus requires compulsory registration under section 17, (b) declaration of an existing right of a person in respect of that house and thus does not require registration compulsorily under section 17, (c) a document the registration of which is optional, 69. Updated 28th November 2015, Section 17 (1) (b) of the Registration Act mandates that any document which has the effect of creating and taking away the rights in respect of an immovable property must be registered and Section 49 of the Act imposes bar on the admissibility of an unregistered document and deals with the documents that are required to be registered u/s 17 of the Act. The plea of the defendants is that the recitals of the said document discloses past transaction with reference to division of property and further it discloses the intention of the parties to enter into a separate agreement for sharing the properties and that the terms therein have to be implemented in future. In 2013, R. Hemalatha (Appellant) and Kashthuri (Respondent) executed an agreement to sell an immovable property (Agreement). 2. Whereas the sale deed in favour of Y was registered on 30-1-2002. In Balram Singh, a contention was raised on the side of the defendant/ appellant that the agreement to assign immovable property, involved in the case, was an unregistered document and therefore such an agreement was inadmissible in evidence and, further, the plaintiff/ respondent was not entitled to get a decree for specific performance based on an unregistered agreement for sale. 13.09.2013) no change has been made in Section 49. The counsel also contended that if the terms of the said family settlement was reduced into writing, and it was only a memorandum executed subsequently recording the terms of the oral family settlement, then, no registration was needed. as it is a document affecting immovable property. A document, registration of which has been refused by the Sub-registrar of a sub-district, (a) can be received & registered by a sub- registrar of another sub-district within the same district, (b) can be received & registered by a sub- registrar of another sub-district in another district, (c) can be received & registered by the registrar of the district of whose sub-. Thus, given that the Agreement for sale was unregistered, the same could not be admitted in evidence. 30. Correctness of the judgment of the High Court was challenged before the Apex Court. An unregistered document affecting immovable property (a) shall not affect any immovable property comprised therein (b) is inadmissible in evidence (c) both (a) & (b) (d) either (a) or (b). 'Immovable property' has been defined in 4. It was alleged by the respondent that while he was in hospital for treatment of his liver ailment, the appellants allegedly obtained his signatures on papers and made up the Khararunama. The expression collateral transaction has been interpreted as any transaction other than the substantive transaction intended by the document. 10 to 17 were appointed as trustee.Apart from the movable and immovable property, the amount has been deposited with the banks i.e. In K.B. Copyright 2006 - 2023 Law Business Research. However, in Raghunath and Ors. Report a Violation 11. The Division Bench further observed that merely admitting the Khararunama containing the record of the alleged past transaction, is not to be, however, understood as meaning that if those past transactions require registration, then, the mere admission, in evidence of the Khararunama and the receipt would produce any legal effect on the immovable properties in question. Unchallengeable is the proposition that in a suit for permanent prohibitory injunction against forceful dispossession, the plaintiff need only to prove that he/she is in possession of the property on the date of institution of the suit. InSMS Tea Estates Pvt. If the Khararunama by itself, does not affect immovable property, being a record of the alleged past transaction, though relating to immovable property, there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property, added the Bench. Therefore, a suit filed in a court of law within the State of Uttar Pradesh in the year 1997 on the basis of an unregistered agreement can only be decided with reference to the provisions impacted by the State Amendments to the Registration Act. An unregistered document can be admitted in evidence as regards an existence of contract in a (a) suit for possession (b) suit for injunction (c . [Para 17 of the Judgement], Click Here To View Full Text Of Judgement, Tags: Registration ActSection 17Section 49Supreme Court of IndiaUnregistered Documents. It is discernable from the judgment that the Trial Court found that the plaintiff could not prove the unregistered agreement propounded by her and she was found to be in unauthorized possession of the suit property. The legal heirs of B with an intention to perfect their title call upon the legal heirs of A to register the property to their name. 32. A document in writing agreeing to separate a coparcenary property but without effecting any division as such, (a) is required to be compulsorily registrable, (b) is not required to be compulsorily registrable, 70. An unregistered document affecting immovable property, (a) shall not affect any immovable property comprised therein, 65. An unregistered document affecting immovable property Home / Law / Registration Act / Question Examveda An unregistered document affecting immovable property A. Shall not affect any immovable property comprised therein B. The Madras HC referred to the proviso to Section 49 of the Registration Act and held that an unregistered agreement was admissible as evidence in a suit for specific performance. Effect of non-registration of documents required to be registered No document required by Section 17 or by any provisions of the Transfer of Property Act, 1882 (4 of 1882), to be registered shall , Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument.. The words received as evidence has a special significance, because it is different from received in evidence. The Elements of a Wrongful Termination in Violation of Public Policy Claim. 1. The expression "collateral purpose" is no doubt a very vague one and the Court must decide in each case whether the purpose for which it is sought to use the unregistered document is really a collateral one or is to establish directly title to the immovable property sought to be conveyed by the document. Find out more about Lexology or get in touch by visiting our About page. Section 17(1)(g) is about the registration of power of attorney dealing with rights of management, administration, development, transfer etc. 156.438 Administrative regulations for reviewing and resolving claims of factual errors in adopted textbooks. 599 OF 2013 - GUJ HC-Gujarat High Court directs the State to constitute Committee to identify rape cases which are based on weak and improper evaluation of evidence and that the same be heard on priority Whole lot of confusions arose on account of the reason that the decision did not reveal fully the peculiar legal position prevalent in the State of Uttar Pradesh. any right, title or interest in immoveableproperty of the value of one hundred rupees and upwards. In P.M. Anand Babu And Ors. (d) a movable property requiring compulsory registration. For proper management of the Trust, plaintiff and defendants no. After the payment was done, a Kharurunama dated April 15, 1986, was executed. The two documents relate to; one being an unregistered sale deed of immovable property worth more than Rs. Later, on 10-1-2002 executed another gift deed in favour of Z which was accompanied by delivery of possession to Z. [Para 8 of the Judgement], It is well settled that the nomenclature given to the document is not decisive factor but the nature and substance of the transaction has to be determined with reference to the terms of the documents and that the admissibility of a document is entirely dependent upon the recitals contained in that document but not on the basis of the pleadings set up by the party who seeks to introduce the document in question. 100 sample questions on The Code of Civil Procedure, 1908 for Arunachal Pradesh Judiciary Examination (preliminary), 100 sample questions on The Transfer of Property Act, 1882 for Goa Judiciary Examination (preliminary), 100 sample questions on The Specific Relief Act, 1963 for Manipur Judiciary Examination (preliminary), 100 sample questions on The Sale of Goods Act, 1930 for Jharkhand Judiciary Examination (preliminary), How a Board Place Review May Enhance the Success of a Plank. Advocate Amaresh Singh is a highly qualified legal professional, having obtained his law degree from University of Allahabad, in the year 1999. It is sometimes called a wrongful discharge in violation of public policy claim, if you want to be wordy. 58. The Respondent/original Plaintiff inter alia submitted that the proviso to Section 49 of the Registration Act stipulated that an unregistered document affecting the immovable property may be received as evidence of a contract in a suit for specific performance under the Specific Relief Act, 1877 [2]. For example, in Kerala there is no State Amendment to Proviso to Section 49 and it is in tune with the provisions in the Central Act. A registering officer may refuse the registration of the documents, (a) which are in a language not understood by the registering officer & not commonly used, (b) which contain interlineations, blanks, erasures or alterations, 26. Section 17 of the Registration Act provides for, (a) documents which are not at all registrable, (b) documents which are compulsorily registrable, (c) documents the registration of which is optional, 11. 89. 3. In T.S. In Bhaskar Rao vs. T. Gabriel and Ors[7], it was held thatit is now well settled that there is no prohibition underSection 49of the Registration Act, to receive an unregistered document in evidence for collateral purpose. Registration of a document, presented by a person who is not a proper person within the meaning of Section 32 is, 50. Such unregistered document can however be used as an evidence of collateral purpose as provided in the Proviso to Section 49 of the Registration Act. There is no doubt Unregistered document could not enforce but an aggrieved person may sought for specific performance with the document and corroborative evidence. Date of Judgement: 08.10.2015. Section 23 provides the time for presentation of document for registration, before the proper officer, of, (a) four months from the date of execution, (b) two months from the date of execution, (c) three months from the date of execution. In the wake of the provisions of law and the decisions of the Supreme Court and various High Courts as mentioned above, the deed mentioned in the illustrative case is a Gift deed, which is compulsorily registrable. It reads thus: 17. In other words, an unregistered document cannot be used for the purpose of establishing that the document created or declared or assigned or limited or extinguished a right to immovable property. Bar on unregistered document under Registration Act, 1908 Section 49 of Registration Act, 1908: Effect of non-registration of documents required to be registered.No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall (a) affect any immovable property comprised therein, or (b) Likewise, the proposition laid down therein that an unregistered agreement for sale is inadmissible in evidence cannot be applied blindfolded to all cases where the legal provisions applicable are not akin to the law in State of Uttar Pradesh in this regard. 65. A collateral transaction must be a transaction not itself required to be effected by a registered document, that is, a transaction creating, etc.