Saturday, March 9, 2013

Effect of non registration of documents required to be registered under Registration Act (1908)

No document required by Section-17 of the Registration Act(1908) or by any provision of the Transfer of Property Act(1882) to be registered shall-

a. Affect any immovable property comprised therein, (create, declare assign, limit or extinguish, whether in present or in future any right, title or interest, whether vested or contingent)

b. Confer any power to adopt, unless its been registered.[this provision is specifically mentioned in Section-49 of the Registration Act 1908]

in the case of "Jana Vs Saida" [PLD 1952 Pesh 68], it was stated that,

"a person who has been put in possession of the property as a result of an unregistered document can protect his possession by the production of that document and not suit the person who has executed he and has actually put him in possession of the property"

in another case it was stated,
"an unregistered document could be received evidence in a suit for specific performance" [8 DLR 611]

again it was established,
"an unregistered (in case of lease) may be used for the purpose of showing the nature of possession though not of proving title"

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