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

Sunita Rao sells land by a registered sale deed to Naveen. Earlier, she had orally agreed to sell the same land to Vikram but gave him no possession. Under section 48 of the Registration Act, 1908, how does the registered deed operate?

The registered sale deed takes effect against the earlier oral agreement. Under section 48 of the Registration Act, a registered non-testamentary document prevails over oral agreements unless they were accompanied or followed by delivery of possession and form a valid transfer, which did not happen here.

  1. AIt takes effect against the oral agreement, since no possession accompanied or followed itCorrect
  2. BIt yields to the oral agreement because that came first
  3. CIt is void as there were two agreements
  4. DIt takes effect only if Vikram consents

Explanation

Section 48 says registered non-testamentary documents relating to property take effect against any oral agreement or declaration, unless the agreement was accompanied or followed by delivery of possession and constitutes a valid transfer. Vikram got no possession, so the exception does not apply.

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