EFFECTS OF REGISTRATION AND NON-REGISTRATION (S.
47-50)
I. INTRODUCTION
Part X, containing S. 47-50 of the Registration Act, 1908 deals with the Effects of
registration and Non-registration.
The rule has been laid down in Section 47, that is, a registered document operates
from the time from which it would have commenced to operate, if no registration of
that was required by law and not from the time of its registration.
The effects of non-registration of documents that are required to be registered have
been dealt under S. 49.
A. TIME FROM WHICH REGISTERED DOCUMENT OPERATES (SECTION 47)
This section states that a registered document operates from the time from which
it would have commenced to operate if no registration of it was required and not
from the time of its registration.
Scope of S. 47 - Registration under this Act is not complete till the document to
be registered has been copied out in the record if the registration officer as
provided in S. 61 of the Act.
Case Law :- Milkha Singh v. Tara Singh
Held :- If the document was not registered, no title in the property would pass on
to the vendees under it. However, the moment it was registered, the title in the
property passed to the transferees from the date of the execution.
B. SECTION 48
This section states that a registered instrument is to have priority over an oral
agreement unless the agreement or declaration is accompanied or followed by
delivery of possession and constitutes a valid transfer.
Proviso - A mortgage by deposit of title deeds shall take effect against any
mortgage deed subsequently executed and registered which relates to the same
property.
This section basically incorporates the rule of priority.
C. SECTION 49
I. CONDITIONS FOR APPLICABILITY OF SECTION 49
1. There must be a document - The terms of the section will not apply unless the
terms of the document have been reduced into writing.
2. The document must be required to be registered section 17 or Transfer of
Property Act, 1882 - It does not forbid the admissibility in evidence of documents
of which registration is optional under section 18.
3. That document must not have been registered - This section will apply only if
the document is mandatorily required to be registered by law, but has not been
registered.
II. CONSEQUENCES OF NON-REGISTRATION
A. S. 49 (a) - The document cannot affect any immovable property comprised therein
or
B. S. 49 (b) - The document cannot confer any power to adopt or
C. S. 49 (c) - The document cannot be received as evidence of any transaction
affecting such property or conferring such power.
Proviso to clause (c) - It provides that an unregistered document that affects
immovable property and which is required by law to be registered, may be received
as evidence :-
of a contract in a suit for specific performance under Chapter II (Specific
Performance of Contracts) of Specific Relief Act or
of a collateral transaction not required to be effected by a registered
instrument.
Case Law :- Prabhu v. Sukla
Held :- The proviso cannot abrogate the limitations put by the Specific Relief Act in the
matter of obtaining relief of specific performance of contract.
Case Law :- VH Deshpande v. RD Deshpande & others
Held :- The words "collateral purpose" means any purpose other than that of creating,
declaring, assigning, limiting or extinguishing a right to immovable property.
It is to be noted that in case the transaction is divisible and one part can be effected by a
unregistered instrument and the other requires registration, the instrument may be
used as evidence of the part that does not require registration.
III. SCOPE AND OBJECT OF SECTION 49
Case Law :- Naib Singh v. Sewa Singh
Held :- The combined reading of S. 49 of Registration Act and S. 91 of Evidence
Act, would show that if a document is not receivable as evidence of a particular
matter for want of registration, then other proof of the matter, oral or otherwise,
will be excluded by section 91 of the Evidence Act, provided the transaction
embodied is a contract, grant or disposition of property and the prof tendered
relates to the terms of the transaction.
It is to be noted that S. 49 does not affect the authenticity of any fact. It is not
even concerned with what can be proved and what cannot be. It only disqualifies,
unregistered documents which fall within its mischief.
IV. DISTINCTION B/W S. 49 (A) AND S. 49 (C)
Sr. Basis S. 49 (a) S. 49 (c)
No
1. Nature It refers to the document It refers to another document
which is the transaction itself. which is not the transaction
itself but which is being used
as evidence of that
transaction.
2. Effect Non-registration of a It provides a legal bar for the
document which is required to reception of an unregistered
be registered u/s 17 (1)(b) will document as evidence of any
not create, declare, assign, transaction affecting such
trust, or extinguish any right, immovable property comprised
title or interest in immovable in the document.
property comprised in that
document. This is the effect of
S. 49 (a).
V. ILLUSTRATIONS VIS-A-VIS SECTION 49
Document to prove nature and character of possession :- In Shalimar Tar
Producers India Ltd. H.K Sharma & others
Facts :- The unregistered document contained a written consent by the landlord to
the tenant to sub let the premises.
Held :- The court allowed an unregistered document to be produced in evidence to
show the nature of possession. It held that the lease deed was admissible to prove
the landlord's written consent. The consent was held to be a collateral purpose.
As evidence of relationship :- In ACR Overseas Pvt. Ltd v. M/s. B.M. &
Entertainment Centre Pvt. Ltd. and anr.
Facts :- The question was pertaining to the admissibility of unregistered lease
deed. There was an oral agreement accompanied by delivery of possession.
Held :- The same is good for the purpose of creation of jural relationship b/w the
parties. Lease deed can be admitted in evidence for collateral purpose.
Registration of relinquishment deed - In Gurnam Singh v. Ass Kaur.
Facts :- The Punjab High Court had to decide regarding the relinquishment of
rights by Smt. Sada Kaur in favour of the appellant on the basis of following
documents :-
Statement made by Smt. Sada Kaur before the Panchayat
Application made by her for sanction of mutation and
The report of Patwari
Held :- The document being compulsorily registrable and not having been
registered could not be used for proving title to the property.
As evidence of waiver (AIR 1937 Lah. 909) : If an agriculturist mortgages his
house to the judgment creditor in a compromise of an’ execution proceeding, the
mortgage deed, though not registered, maybe admitted in evidence for the purpose
of proving that the agriculturist had waived his right to object to its attachment
and sale.
Case Law :- M/s KB Saha and Sons Pvt. Ltd. v. M/s. Development Consultation
Ltd.
Held :- If a document is inadmissible in evidence for want of registration, then
none of its terms can be admitted in evidence and to use such a document for the
purpose of proving an important clause would not be considered as using it for a
collateral purpose.
D. SECTION 50
This section states that there are certain registered documents relating to land
which shall take effect against unregistered documents (but that document should
not be a decree or order), and the said documents are mentioned in :-
S. 17 (1)(a), (b), (c) and (d) and
S. 18 (a) and (b).