1

INTRODUCTION

Section 49 of the Registration Act is amended by S.10 of the Transfer Of property (Amendment)
Supplementary Act, 1929 and the amendment.Settles the doubt that Section 49 applies not only
to documents compulsorily Registrable under Section 17 of the Act but also to documents of
which Registration is required by the Transfer of Property Act, 1882. Such documents Than
leases from year to year or for any term not exceeding one year or Are sales and mortgages of
value not exceeding Rs. 100/- and leases other Reserving a yearly rent. I

Raghunath v. Kedarnath,, Supreme Court has Held that by the enactment of Act 21 of 1929
which inserted in Section 49 of the Registration Act the words “or by any provision of the
Transfer.Of Property Act, 1882” has made it clear that the documents of which Registration is
necessary under the Transfer of Property Act but not under.The Registration Act fall within the
scope of Section 49 of the Registration Act and if not registered are not admissible as evidence
of any transaction Affecting any immovable property comprised therein, and do not affect any
Such immovable property.

In Nand Singh v. Sewa Singh, it was observed that Section 17 provides For compulsory
registration of documents mentioned in the section. This Section is made effective by Section 49,
which provides that any document So required to be registered shall not, unless it has been so
registered:

i)Affect any immovable property comprised therein; or

(ii) To be received as evidence of any transaction affecting such Proviso to Section 49 prohibits
the Court to receive in evidence a Document affecting immovable property which is not
registered a Under Section 17 of the Act or any provisions of the Transfer of Property Act 1882.
But the proviso contains three exceptions:

(1) Part performance of a contract for the purpose of Section 53-A Transfer of Property Act,

(2) Contract in a suit for specific performance, and

 2

(3) An unregistered document affecting immovable property required To be registered under law
may be received as evidence of any Collateral transactions not required to be affected by
registered Instrument.”

it should not be Exhibited, cannot be accepted