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THE REGISTRATION ACT (Central Act No XVI OF 1908)
PART X
Registration Act of the effects or Registration and
Non-Registration
47. Time from which registered documents operates. - A registered
document shall operate from the time from which it would have commenced to operate
if no registration thereof had been required or made, and not from the time
of its registration.
48. Registered documents relating to property when to take
effect against oral agreements. - All non-testamentary documents duly registered
under this Act, and relating to any property, whether movable or immovable,
shall take effect against any oral agreement or declaration relating to such
property, unless where the agreement or declaration has been accompanied or
followed by delivery of possession; and the same constitutes a valid transfer
under any law for the time being in force :
Provided that a mortgage by deposit of title deeds as defined
in section 58 of the Transfer of property Act, 1882, shall take effect against
any mortgage deed subsequently executed and registered which relates to the
same property.
49. Effect of non-registration of document required to be registered.
- 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
(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 un-registered document affecting 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
preformance under Chapter II of the Specific Relief Act, 1877 1[or as evidence
of part performance of a contract for the purposes of section 53-A of the Transfer
of Properly Act, 1882], or as evidence of any collateral transaction not required
to be effected by registered instrument.
1. Omitted by the Registration and Other Related Laws(Amendment)
Act,2001,sec.6.
50. Certain registered documents relating to take effect against
un-registered documents. - (1) Every document of the kinds mentioned in clauses
(a), (b), (c) and (d) of section 17, sub-section (1) and clauses (a) and (b)
of section 18, shall, if duly registered, take effect as regards the property
comprised therein, against every un-registered document relating to the same
property and not being a decree or order, whether such un-registered document
be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under
the proviso to sub-section (1) of section 17 or to any document mentioned in
sub-section (2) of the same section, or to any registered document which had
not priority under the law in force at the commencement of this Act.
Explanation. - In cases where Act No. XVI of 1864 or the Indian
Registration Act, 1866, was in force in the place and at the time in and at
which such un-registered document was executed, "un-registered" means
not registered according to such Act, and, where the document is executed after
the first day of July, 1871, not registered under the Indian Registration Act,
1871, or the Indian Registration Act, 1877, or this Act.
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