A sale deed for a house requires registration, but the parties do not register it. The buyer offers it…
Under section 49, a deed that requires registration cannot affect the immovable property or prove the transfer while it remains unregistered. The proviso allows limited…
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A sale deed for a house requires registration, but the parties do not register it. The buyer offers it solely to prove that the deed transferred ownership. What is its effect under section 49 of the Registration Act, 1908?
Answer and explanation
Correct answer D
Under section 49, a deed that requires registration cannot affect the immovable property or prove the transfer while it remains unregistered. The proviso allows limited uses, such as proof of a contract in a suit for specific performance or proof of a qualifying collateral transaction. The buyer here offers it solely to prove the completed transfer.
Option feedback
Option A
Payment does not let the unregistered deed prove the completed conveyance.
Option B
Attestation does not replace registration.
Option C
The main rule prevents both affecting the property and using the deed to prove the completed transfer.
Option D
Section 49 prevents the unregistered deed from affecting the property or proving the transfer it purports to effect.
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Chhattisgarh Judicial Services