Registration Act 1908
Baskaran Kanakasabai
(Querist) 21 May 2010
This query is : Open
I gather from the answers of the experts and texts of Regn Act 1908 that:
1. the sale deed entered in to between buyer and seller of a land above the value of RS.100 is a compulsorily registrable non-testamentary instrument.
2.the notification under 4(1) of LAACT1894 is a non-testamentary instrument.
In the event of both the instruments being related to the one and the same land and the first instrument being registered and the second being unregistered which one of the two will take effect against the other under sec 50 of the Registration Act which is as follows:
"50. Certain registered documents relating to land to take effect against unregistered documents
(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation : In cases where Act No. XVI of 1864 or the Indian Registration Act, 1866, was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act."
