What is Section 49 of registration act?

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What is Section 49 of registration act?

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Yashi Pandey · Answer 1 · 2023-08-30T07:04:41+00:00

Yashi Pandey

0 August 30, 2023

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Section 49 of Registration Act, of 1908, states the effect of non-registration of certain documents required to be registered.

The Registration Act, of 1908, governs the process of registering various types of documents, including property transactions, contracts, leases, and more.

Section 49 also includes the consequences of not registering certain types of documents that are required to be registered under the Act.

Here's an overview of the Section 49 Registration act:

Section 49 deals with the documents that are required to be registered under the Registration Act. Such documents include deeds, contracts, leases, and other instruments which involve the transfer of rights in immovable property.
According to Section 49, any document that is required to be registered but is not registered will have no effect on claiming any right, title, or interest in the property.
Admissibility in Court: An unregistered document that needs to be registered cannot be submitted as evidence in any legal proceeding to prove the transaction or any of its terms.

Section 49 also includes some exceptions where unregistered documents can still be admissible as evidence for collateral purposes. These purposes can be for proving a contract in a suit for specific performance, proving the terms of an oral agreement, and proving any collateral transaction not directly affecting the property.

The section 49 of Registration Act also gives an explanation that clears that an unregistered document affecting immovable property and required to be registered may still be accepted as evidence of a contract or transaction that affects such property. However, you cannot use that document to create or transfer any right, title, or interest in the property.