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vustudents
08-31-2012, 04:44 PM
Q. What are the legal effects on non-registration of a document required to compulsory registered? (2000)(2001)
Q. What is the effect and value of an unregistered document which require compulsory registration. (2005)
Q. What is effect of non-registration of documents required to be registered? discuss. (2007)
1. Introduction:
Under the registration act there are documents which require compulsory registration. if such documents are not registered there will be on evidentially value.
2. Relevant provisions:
Sec. 49 registration act.
3. Documents of which registration is compulsory:
Following are the document of which registration is compulsory under the registration act.
(i) Instrument of gift.
(ii) Non-testamentary instrument.
(iii) Instruments relating to receipts.
(iv) Lease deed.
(v) Instrument relating to degree and orders.
4. Purposes of registration:
Following are purposes of registration of document.
(i) Determination of legal status of document.
(ii) Admissibility of evidence in the court.
5. Effect of non-registration:
According to sec. 49 document required to be registered under this act or under any earlier law providing for or relating to registration of document shall.
(a) Operate to create declare assign limit or extinguish whether in present or in future any right title or interest whether vested or contingent to or in immoveable property or.
(b) Confer any power to adopt unless it has been registered.
6. Illustration:
A sells his house to b for rs. 2000,000/= and executes a sale deed in favour of b but b dose not get it registered and in case of dispute about such property this document cannot be presented as evidence in the court.
7. Essentials condition for application:
(i) Document.
(ii) Registration should be compulsory.
(iii) Non-registration of such document.
8. Position of un-registered document:
(i) No evidentiary value.
(ii) Oftenly not admissible in evidence.
Case law
1980 CLC 17
Document reguiring registration but not registered is nevertheless admissible to explain its nature and character as well as position of person holding under the same.
PLD 1976SC 781
Such unregistered instruments can be admissible in the court for a collateral purpose.
9. Circumstances when such instrument can be received in evidence:
Following are the circumstances when such instrument can be received in evidence.
(i) Matters of specific performance.
(ii) Receipts for consideration.
(iii) Transactional matters.
(iv) Evidence of an offence.
(v) Debt matters.
(vi) Maters of delivery of possession.
(vii) Proving of hand writing.
10. Conclusion:
To conclude i can say that documents which are compulsorily registerable if are not registered have no evidentially value. such unregistered document would not operate to create declare assign limit or extinguish in present or in future any title or interest whether vested or contingent to or in immoveable property.