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

A man in Thane buys a plot from his neighbour, pays in full and signs a sale deed, but nobody goes to the Sub-Registrar. Years later the neighbour's son refuses to recognise the sale and the buyer goes to court holding only the unregistered deed. The judge will not let him prove the sale with that paper. Section 49 of the Registration Act is the reason, and it is the section that gives all the other registration rules their teeth.

In two minutes

A document that section 17 or the Transfer of Property Act requires to be registered, and that is not registered, does not affect the immovable property it covers and cannot be received as evidence of the transaction, subject to a proviso allowing it as evidence of a specific performance contract or a collateral transaction.

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