49. effect of non-registration of documents required to be registered

Querist : Anonymous (Querist) 05 November 2011 This query is : Resolved
Section 4 of the Transfer of Property Act enacts that "sections 54, paragraphs, 2 and 3, 59 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908"

is it the exhaustive list?

suppose if any other provision of the transfer of the property Act requires registration, then will it not be hit by Section 49 of the Registration Act, 1908

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prabhakar singh (Expert) 05 November 2011
It must be,as legislatures must have taken account of the fact but in case there is any omission and if any other provision of TPA also provide some contract to be made by a registered deed then certainly that too would be given effect to and section 49 of registration Act would be attracted on its violation .

Raj Kumar Makkad (Expert) 05 November 2011
You should place exact section vide which you think hit by section 49 of registration act. Presumption do not get exact replies.

Querist : Anonymous (Querist) 05 November 2011
Section 60(c) of the transfer of property Act, which provides
at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgement in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished:
Registration act does not require registration of payment of mortgage debt.

kuldeep kumar (Expert) 05 November 2011
registration act applies to redemption of maortgated property when it has the effect of extinguishing entire mortgagae.registration act applies.

prabhakar singh (Expert) 05 November 2011
Any special condition should be looked as that is and not as general.debt under a mortgage stands discharged by endorsement on the original deed.Either you are confused with things or supposing to have better knowledge with hypothetical ideas.

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