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

Meera Traders executed a sale deed of a shop in Pune in favour of Rohan on 5 May. The deed is a document which the law requires to be registered, but it was never registered. In a suit, Rohan tenders the unregistered deed as evidence that he purchased the shop. What is the effect under the Registration Act, 1908?

An unregistered document that is required to be registered cannot affect the immovable property it covers and cannot be received as evidence of the transaction affecting that property. Section 49 of the Registration Act imposes this bar, so Rohan's unregistered sale deed fails to prove his purchase.

  1. AThe deed is received as evidence of the sale because Rohan is in possession
  2. BThe deed cannot affect the immovable property or be received as evidence of the transaction affecting it, since it is unregisteredCorrect
  3. CThe deed is valid but attracts a penalty only, and is admissible on payment
  4. DThe deed is admissible only if two witnesses attested it

Explanation

Section 49 provides that a document required to be registered shall not affect the immovable property comprised in it, nor be received as evidence of any transaction affecting that property, unless registered. Option 0 is wrong because possession does not cure the defect under this rule, and attestation or a penalty does not replace registration.

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