Law Maker

PART X

Section 49: Effect of non-registration of documents required to be registered

The Registration Act, 1908

No document required by section 17 1[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:

1[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)2, 3*** or as evidence of any collateral transaction not required to be effected by registered instrument.]

Footnotes in the official text

  1. 1.Ins. by Act 21 of 1929, s. 10.
  2. 2.See now the Specific Relief Act, 1963 (47 of 1963).
  3. 3.The words, figures and letter “or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882 (4 of 1882)” omitted by Act 48 of 2001, s. 6 (w.e.f. 24-9-2001).

Leading cases

Questions on this section

3 questions in 6 of our papers cite Section 49.

Practise questions on Registration and Easements Acts