18 April 2009
The extracts of The Registration Act, 1908 may be referred to know the difference in between Registered and Unregistered Document:
Effect of non-registration of documents required to be registered
No document required by section 17 1*[or by any provisions 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 suit for specific performance under Chapter II of the Specific Relief Act, 1877 (1 of 1877), 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), or as evidence of any collateral transaction not required to be effected by registered instrument.]
Certain registered documents relating to land to take effect against unregistered 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 unregistered document relating to the same property, and not being a decree or order, whether such unregistered 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. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871 (8 of 1871), not registered under the Indian Registration Act, 1871, or the Indian Registration Act, 1877 (3 of 1877), or this Act.
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