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Cs-gcl (registration of documents, 1908)

Jyoti (CS Trainee) (541 Points)

05 May 2012

Please solve -

Question-

A executed a document on 20th oct, 2007 in favour of B. Therafter, executed another document on 11th dec, 2007 in favour of C in respect of the same property. The document b/w A and B was registered on 15th jan, 2008 whereas the document b/w A and C was registered on 15th dec, 2007.

Which document gets priority and why?

Ans.- The deed which executed first has priority or the document which is registered first will get priority.

( please explain with reason)

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CMA. CS. Sanjay Gupta ("PROUD TO BE AN INDIAN") (114225 Points)
Replied 05 May 2012

Sec 47. Time from which registered document 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.

Therefore, as per section 47 of the Registration Act if two registered documents executed by the same person in respect of the same property to two different persons at two different dates, the one which is executed first has priority over the other, although the former deed is registered subsequently to the later one.

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