18th BJS Preparation Series: The Registration Act,1908:Section-49:Effect of non-registration of documents required to be registered

 

Effect of non-registration of documents required to be registered

49. No document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall-

 

(a) operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immoveable property, or

(b) confer any power to adopt, unless it has been registered.

Discussion:

Study Tips: Try to read Section 49 in the following manner:

A No document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall not

 (Instead of    “No” use ‘A’ and add “not” after shall.)

(a) operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immoveable property, or

(b) confer any power to adopt, unless it has been registered.

Now section 49 of the Registration Act, 1872 will be in the following form:

A document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall not

(a) operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immoveable property, or

(b) confer any power to adopt, unless it has been registered.

Exam Preparation Tips: This Section is important for Preliminary, Written and Viva of the BJS exam.