Skip to content

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

Rohan Mehta executes an unregistered sale agreement-cum-deed for land which, by law, required registration. In a suit for specific performance filed by the buyer, the buyer wants to use the document. Under the Registration Act, 1908 as given in the official text, how may the document be used?

The unregistered document may be received as evidence of a contract in a suit for specific performance. The proviso to section 49 permits this, though the document cannot affect the property itself, and the earlier reference to part performance under section 53A was omitted in 2001.

  1. AIt may be received as evidence of a contract in the suit for specific performanceCorrect
  2. BIt may not be used for any purpose whatever
  3. CIt may be used as evidence of part performance for the purposes of section 53A of the Transfer of Property Act, 1882
  4. DIt may be treated as a registered document once the suit is filed

Explanation

The proviso to section 49 allows an unregistered document affecting immovable property, required to be registered, to be received as evidence of a contract in a suit for specific performance. The part performance wording was omitted w.e.f. 24-9-2001, so that option is wrong. The document still cannot affect the property itself.

Did you get it right without looking?

One question tells you little. A timed set on Laws relating to Drafting and Conveyancing shows your real accuracy, how long you take and where you lose marks.

Practise Laws relating to Drafting and ConveyancingFree diagnostic mock

More Laws relating to Drafting and Conveyancing questions