Comprehension
The Supreme Court recently examined the interplay between Section 47 of the Registration Act, 1908 and Section 54 of the Transfer of Property Act, 1882. Section 47 of the Registration Act titled “time from which registered document operates” states that registered document shall operate from the time from which it would have commenced to operate if no registration has been required or made. On the other hand, Section 54 of the Transfer of Property Act provides that the transfer of immovable property of value above Rs. 100 can be made only by a registered document. It is a trite law that a transfer of immovable property by way of sale can only be made by a deed of conveyance and in the absence of such deed that is duly stamped and registered as required by law, no right, title or interest in the immovable property can be transferred. The Court referred to an earlier decision in Ram Saran Lall v. Domini Kuer where a harmonious balance was maintained between the peremptory language of Section 54 of the Transfer of Property Act and the deeming fiction under Section 47 of the registration act. It also implicitly recognised that Section 54 draws a clear distinction between transfer of tangible immovable property of value more Rs. 100 and less than Rs. 100. In the former case, such transfer can only be made through a registered instrument, whereas in the latter case the transfer may be either by registered instrument or by delivery of property.
(Extract from Kanwar Raj Singh v. Gejo, 2024 SC)
(Extract from Kanwar Raj Singh v. Gejo, 2024 SC)
Question: 1
Which of the following is the effect of non-registration of a compulsorily registrable document?
Which of the following is the effect of non-registration of a compulsorily registrable document?
Updated On: Dec 3, 2024
- The unregistered document cannot be adduced in evidence of any transaction affecting such property
- As long as the terms, grant or disposition is in writing and fulfils the criteria of S. 91 of the Indian Evidence Act, it will be admitted as evidence
- Procedure is a handmaid of justice and registration is merely a procedural requirement. Non registration does not make the document less admissible in court
- The unregistered document can be adduced in evidence if the party adducing it is able to prove its bonafide
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The Correct Option is A
Solution and Explanation
- Section 49 of the Registration Act, 1908 lays down that an unregistered document which is required to be registered by law cannot be used as evidence in court to prove the transaction affecting immovable property.
Thus, the correct answer is (A).
Thus, the correct answer is (A).
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Question: 2
A property from one person to the other can be transferred by way of:
A property from one person to the other can be transferred by way of:
Updated On: Dec 3, 2024
- Court sale, gift, will, inheritance, relinquishment
- Dedication, gift, will, inheritance, relinquishment
- Private or court sale, gift, will, inheritance, relinquishment, dedication
- Private or court sale, gift, will, inheritance
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The Correct Option is C
Solution and Explanation
- Transfer of property can happen through several methods including court sale, pri vate sale, gift, will, inheritance, relinquishment, and dedication.
Thus, the correct answer is (C).
Thus, the correct answer is (C).
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Question: 3
Where the member of the family agrees to divide the property amongst themselves, not necessarily in accordance with the quantum as specified in law or according to their entitlement. It can take into its fold non-family members as well. Once effected, it is binding on all the members who were parties to it and is enforceable?
This division is called:
Where the member of the family agrees to divide the property amongst themselves, not necessarily in accordance with the quantum as specified in law or according to their entitlement. It can take into its fold non-family members as well. Once effected, it is binding on all the members who were parties to it and is enforceable?
This division is called:
This division is called:
Updated On: Dec 3, 2024
- Transfer of property under the Transfer of Property Act
- Partition of joint Hindu Family
- Family Arrangement
- Partition in interested parties
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The Correct Option is C
Solution and Explanation
- A Family Arrangement is an informal agreement between family members, often to settle disputes or divide property among them, which is binding once agreed upon, even if it does not strictly adhere to the legal entitlements.
Thus, the correct answer is (C).
Thus, the correct answer is (C).
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Question: 4
Property and interest in the property as general rule are transferable. This rule of transferability is based on the maxim:
Property and interest in the property as general rule are transferable. This rule of transferability is based on the maxim:
Updated On: Dec 3, 2024
- Alienation rei praefertur juri accrescendi
- Cujus est solum eius est usque ad coelum et usque ad infernos
- Res nullius
- Nemo dat quod non habet
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The Correct Option is A
Solution and Explanation
- The maxim ”Nemo dat quod non habet” means ”No one can give what they do not have”. This maxim establishes the principle that property rights are transferable only if the person transferring the property has those rights.
Thus, the correct answer is (D).
Thus, the correct answer is (D).
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Question: 5
In a given case where a sale deed is executed and entire agreed consideration is paid on or before execution of sale deed, after it is registered, it will operate from:
In a given case where a sale deed is executed and entire agreed consideration is paid on or before execution of sale deed, after it is registered, it will operate from:
Updated On: Dec 3, 2024
- Date of registration of the sale deed
- Date of execution of the sale deed
- Date on communication of proposal was complete
- None of the above
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The Correct Option is B
Solution and Explanation
- A sale deed operates from the date of execution, even though it is registered at a later date, as long as the agreed consideration is paid and the deed is executed.
Thus, the correct answer is (B).
Thus, the correct answer is (B).
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