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Section 49 Registration Act 1908: Effect of non-registration of documents required to be registered

Section 49 (Effect of non-registration of documents required to be registered) under Part X (Of the Effects of Registration and Non-Registration) of the Registration Act, 1908 —

❝No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882), to be registered shall—

 (a) affect any immovable property comprised therein, or
 (b) confer any power to adopt, or
 (c) be received as evidence of any transaction affecting such property or conferring such power,

unless it has been registered:

 Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument.❞



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Notes:

The Registration Act, 1908 (Act No. 16 of 1908) was amended by:

01. The Decentralisation Act, 1914 (Act No. 04 of 1914);
02. The Destruction of Records Act, 1917 (Act No. 05 of 1917);
03. The Indian Registration (Amendment) Act, 1917 (Act No. 15 of 1917);
04. The Indian Registration (Amendment) Act, 1920 (Act No. 38 of 1920);
05. The Indian Registration (Amendment) Act, 1926 (Act No. 13 of 1926);
06. The Indian Registration (Amendment) Act, 1927 (Act No. 02 of 1927);
07. The Repealing and Amending Act, 1927 (Act No. 10 of 1927);
08. The Indian Registration (Amendment) Act, 1929 (Act No. 15 of 1929);
09. The Transfer of Property (Amendment) Supplementary Act, 1929 (Act No. 21 of 1929);
10. The Government of India (Adaptation of Indian Laws) Order, 1937;
11. The Repealing Act, 1938 (Act No. 01 of 1938);
12. The Indian Registration (Amendment) Act, 1940 (Act No. 33 of 1940);
13. The Indian Registration (Amendment) Act, 1948 (Act No. 39 of 1948);
14. The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
15. The Adaptation of Laws Order, 1950;
16. The Part B States (Laws) Act, 1951 (Act No. 03 of 1951);
17. The Indian Registration (Amendment) Act, 1956 (Act No. 17 of 1956);
18. The Indian Registration (Amendment) Act, 1969 (Act No. 45 of 1969);
19. The Delegated Legislation Provisions (Amendment) Act, 1983 (Act No. 20 of 1983);
20. The Registration and Other Related Laws (Amendment) Act, 2001 (Act No. 48 of 2001).

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