Un registered document.

basavaraj shiromani (Querist) 11 December 2011 This query is : Resolved
Sir,
An Un Registered document was impounded in the Civil court and send for the collection of proper stamp duty with penalty. Accordingly, the petition paid the deficit stamp duty along with penalty on the particular instrument. My question is that, after paying the deficit stamp duty and penalty, whether the unregistered document is deemed to be as registered document ? under what provision ? are there any rulings on this point ?

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Raj Kumar Makkad (Expert) 11 December 2011
The petitioner should get the document registered during this period and should place that document replacing the already impounded as the same has now been got registered. The court while charging the deficient amount has treated such document as registered but the actual registration is must and that document is also required to be compared by summoning the record of registrar as per Evidence Act.

Guest (Expert) 12 December 2011
Not automatically deemed to be registered. The document can only be considered as adequately stamped. So, the concerned document has to specifically got registered on the records of the registrar for the purpose and only after that the document can be supposed to have been registered.

Dr J C Vashista (Expert) 12 December 2011
Get the document registered first and substitute the impounded document

M V Gupta (Expert) 13 December 2011
The Party has paid the stamp duty with penalty on the impounded document. So the first question that arises is whtehr the court will adnmit the document in evidence or not. I think the court will allow the document to be marked as Exhibit but subject to objections to be raised by the Oppo Party. Op will certainly question admissibility of the document as evidence if it is required to be registered compulsorily under Section 17 of the Registration Act. If registration is not compulsory the party can rely on the same. Otherwise the Party who has paid the stamp duty may with the permission of the court get it registered by executing a Deed of Confirmation of the document in question and annexing the document to the Deed of Confirmation.

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