A plot of land was registered on 1st February 2016.
Now, it has come to notice that, by a gift deed submitted to the Registrar's office sometime in 2015 (but registered after payment of balance stamp duty on 1st March 2016, the same plot was gifted by the seller to his son.
When the search was done prior to sale registration in January 2016, existence of the unregistered gift deed was not known.
Under Section 60 of the West Bengal Registration Rules, the registration of a document is completed on payment of stamp duty. Thus, the registration of gift deed was completed on 1st March 2016.
However, our attention has been drawn to Section 47 of the Registration Act, which states "A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration"
Does it mean that the gift deed gets priority over the earlier registered sale deed?
