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CS Professional · Drafting, Pleadings and Appearances · Laws relating to Drafting and Conveyancing

Imran executed an unregistered sale deed of a farmhouse in favour of Vikas, a document of the kind in clauses (a) to (d) of section 17(1). Later, Imran executed a registered sale deed of the same farmhouse in favour of Neha. Neither document is a decree or order. Who prevails as regards the property under the Registration Act, 1908?

Neha prevails. Section 50(1) says a duly registered document of the specified kinds takes effect against every unregistered document relating to the same property, whether or not of the same nature. The earlier date of Vikas's unregistered deed does not give him priority.

  1. AVikas, because his deed was executed first
  2. BNeha, because a duly registered document takes effect against every unregistered document relating to the same propertyCorrect
  3. CVikas, if he is in possession, in all cases
  4. DBoth equally, in proportion to the price paid

Explanation

Section 50(1) provides that documents of the kinds in section 17(1)(a) to (d), if duly registered, take effect against every unregistered document relating to the same property, whether of the same nature or not. Execution date does not matter, so option 0 is wrong. Option 2 is wrong as section 50 gives no possession exception for such documents.

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