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Section 49 of Registration Act - Effect of non-registration of documents required to be registered

Section 49 of Registration Act 1908 : Effect of non-registration of documents required to be registered

No document required by section 17 *[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall-

(a) affect any immovable property comprised therein, or

(b) confer any power to adopt, or

(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:

*[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) **, *** or as evidence of any collateral transaction not required to be effected by registered instrument.

 

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*Ins. by Act 21 of 1929, s. 10

**See now the Specific Relief Act, 1963 (47 of 1963)

***The words, figures and letter "or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882 (4 of 1882)" omitted by Act 48 of 2001, s. 6 (w.e.f. 24-9-2001)

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