Interlinking The Registration Act With The Property Laws In India: Exploring The Impact Of Unregistered Deeds With Rights Of Transferee
- IJLLR Journal
- 1 hour ago
- 2 min read
Suprabha Gupta, Symbiosis Law School, Nagpur
INTRODUCTION
Property laws in India: Property laws in India are essential laws that regulate transactions, ownership, and transfer of immovable property. It goes a long way in maintaining transparency, certainty, and legality in property transactions with the statutory aid of, The Registration Act, 1908. The relationship between the Registration Act, 1908, and property laws in India is significant, as it governs the legal rights and responsibilities associated with immovable property transfers. In this backdrop, one of the crucial questions that arise would be the impact of transfer of title through unregistered deeds on the rights of the transferee, specifically in light of the statutory requisites.
The procedures for recording documents related to the dealings of immovable properties was established by The Registration Act of 1908. Registration is aimed at achieving several goals. Firstly, it associates the ownership and the title of the property which is recorded in the Register Book of the district and minimizes fraudulent activities and enables the enforcement of legal rights. The Act establishes clearly defined circumstances which make registration necessary and what the legal consequences would be for failure to register a document. Sale instruments, gifts, mortgages, and leases of immovable property that exceed time limits are mandatory for registration under Section 17 of the Act. Unregistered documents which should have been registered are not allowed as evidence as explained in Section 49, and thus have no bearing on the rights to a particular piece of property. Many litigations progress through unregistered deeds despite the explicit legal rule which poses complicated legal challenges. The unregistered deed affects the rights of the transferee which the deed is intended to convey is the fundamental issue. This problem has been considered by the Supreme Court of India has had to analyse this problem in a variety of cases to provide elaborate conclusions on the impact of unregistered deeds on rights of transferees.
