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CS Professional · Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

Kavita executed a registered gift deed of a plot in favour of her son, but the deed is a testamentary document (a will) registered after execution. Later, a person claims the plot under an oral agreement made earlier by Kavita. A drafter asks whether the rule that registered documents prevail over oral agreements helps the will. Which statement is correct under the text?

The protection does not extend to the will. The rule that registered documents take effect against oral agreements applies only to non-testamentary documents. A testamentary document is outside it, so registration of a will does not by itself defeat an earlier oral agreement.

  1. AYes, because all registered documents prevail over oral agreements
  2. BNo, the rule covers only non-testamentary documents, so a will does not get this protectionCorrect
  3. CYes, but only if the will is registered within thirty days
  4. DNo, because oral agreements always prevail over movable and immovable property documents

Explanation

Section 48 speaks of non-testamentary documents duly registered. A testamentary document such as a will is outside that rule. The thirty-day period relates to appeals under another section and is irrelevant here.

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