What is Section 49 of Registration Act?

We deal with various degrees, types, and amounts of transactions and documentation throughout our lives. Some of these documents and transactions are essential to the government as well as to us. If there was no system in place to control these actions, it would be impossible to keep track of them. That’s why registration act is introduced. So let’s see what is Section 49 of registration act.

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What is Section 49 registration act?

Effects of documents that are not registered when they should be. No document that is required to be registered under Section 17 1 [or under any other provision of the Transfer of Property Act, 1882 (4 of 1882)] shall -

1. a) have an impact on any immovable property contained therein, 

2. b) grant any authority to adopt, or

3. c) be accepted as proof of any transaction involving such property or granting such authority, barring registration: 54. An unregistered instrument affecting real estate that is required to be registered under this Act or the Transfer of Property Act, 1882 (4 of 1882). It may be used as proof of a contract in a claim for specific performance brought under Chapter II of the Specific Relief Act, 1877 (3 of 1877). 55, 56 [***]. Or it can be to support any collateral transaction that isn't required to be completed using a registered instrument. 

The State Amendment in Section 49, Uttar Pradesh says-

(i) in the first paragraph, after the phrase "or by any provision of the Transfer of Property Act, 1882, insert or of any other law currently in force. 

(ii) in clause (b), change it to read: "(b) and confer any power or create any right or relationship, or. (iii) in clause (c), change the phrase "or when creating such right or relationship.

(iv) and in the proviso, leave out the phrase "as evidence of a contract in  [See Uttar Pradesh Act 57 of 1976, Sec. 34 (Effective January 1, 1977)].

This is all from my end about Section 49 of registration act.

Once you register a property, you should try to know as many sections as possible in detail. I learned about what is section 49 of Registration Act recently from a newspaper, so let me give you a brief overview of it. This section mainly deals with the effect of non-registration of documents required to be registered. There are a set of clauses that need to be followed as well; read them here-

Section 49 of the Registration Act of 1908 deals with the effect of non-registration of documents required to be registered. It states that no document that is required by Section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall

• affect any immovable property comprised therein or

• confer any power to adopt or 

• be received as evidence of any transaction that might affect such property or confer such power unless it has been registered.

Provided that an unregistered document that is affecting an immovable property required to be registered by this Act of Transfer of Property, 1882, may be obtained as an evidence of an agreement to befit a particular performance as per Chapter II of the Specific Relief Act, 1877 or as proof of part performance of an agreement for the purposes of Section 53A of the Transfer of Property Act, 1882, or as proof of any collateral transaction not required to be effected by a registered instrument.

This is my understanding of Section 49 of Registration Act.