Question

Which of the following is the effect of non-registration of a compulsorily registrable document?

• A. The unregistered document cannot be adduced in evidence of any transaction affecting such property
• B. 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
• C. Procedure is a handmaid of justice and registration is merely a procedural requirement. Non registration does not make the document less admissible in court
• D. The unregistered document can be adduced in evidence if the party adducing it is able to prove its bonafide
• A. Court sale, gift, will, inheritance, relinquishment
• B. Dedication, gift, will, inheritance, relinquishment
• C. Private or court sale, gift, will, inheritance, relinquishment, dedication
• D. Private or court sale, gift, will, inheritance
• A. Transfer of property under the Transfer of Property Act
• B. Partition of joint Hindu Family
• C. Family Arrangement
• D. Partition in interested parties
• A. Alienation rei praefertur juri accrescendi
• B. Cujus est solum eius est usque ad coelum et usque ad infernos
• C. Res nullius
• D. Nemo dat quod non habet
• A. Date of registration of the sale deed
• B. Date of execution of the sale deed
• C. Date on communication of proposal was complete
• D. None of the above

Answer 1

The Correct Option is A

The effect of non-registration of a compulsorily registrable document, as highlighted by the legal provisions and judicial interpretations in India, is crucial for determining the admissibility of such documents in evidence. According to Section 54 of the Transfer of Property Act, the transfer of immovable property valued above Rs. 100 must be executed through a registered document. The absence of registration implies that the document cannot be regarded as conveying any right, title, or interest in the immovable property. The interplay between Section 47 of the Registration Act, 1908, and Section 54 of the Transfer of Property Act, 1882, clarifies that while registered documents operate from the time they should have commenced if registration was not required, any transfer inherently depends on such registration for its execution.
In Ram Saran Lall v. Domini Kuer and reaffirmed in Kanwar Raj Singh v. Gejo, the courts established that for property transactions above Rs. 100, registration is indispensable unless possession is exchanged physically for lesser-valued properties. Hence, the correct effect of non-registration of a compulsorily registrable document is that the unregistered document cannot be adduced in evidence of any transaction affecting such property.

Answer 2

The transfer of property refers to the process by which ownership or interest in a property is transferred from one person to another. Various legal methods allow for such a transfer, including:

• Private or court sale: This involves selling the property directly or through court intervention when it is necessary to settle disputes or debts.
• Gift: Transferring property voluntarily without compensation, formalized through a gift deed.
• Will: A legal document that specifies how a person's assets should be distributed after their death.
• Inheritance: Involuntary transfer of property to heirs or beneficiaries following the death of the property owner.
• Relinquishment: A co-owner gives up their share to another co-owner, often documented in a relinquishment deed.
• Dedication: Transfer of property for a public purpose, such as donating land for a park.

Considering all these modes of transfer, the correct and comprehensive method that covers all possibilities is:

Private or court sale, gift, will, inheritance, relinquishment, dedication

Answer 3

A Family Arrangement refers to an agreement among members of a family to divide property amongst themselves, which may not conform to legal entitlements or prescribed quantum under the law. It can involve non-family members as part of the agreement. Once established, it is legally binding and enforceable for all parties involved in it. This contrasts with formal legal processes like the Transfer of Property Act that typically require registered documents for transfer of immovable property. In the context of legal studies, it's crucial to understand various legislations, such as how Section 54 of the Transfer of Property Act mandates registration for transferring property of value above Rs. 100, applying a deed of conveyance which needs to be appropriately stamped and registered.

Answer 4

The maxim that underlies the general rule that property and interest in property are transferable is "Alienation rei praefertur juri accrescendi". This maxim supports the preference for the alienability of property over the right of succession or survivorship. In the context of legal studies and property law, it signifies that the law favors the transfer of rights and interests in property rather than them accruing to another by default or through inheritance.

The Supreme Court's consideration of Section 47 of the Registration Act, 1908, and Section 54 of the Transfer of Property Act, 1882, highlights the importance of proper registration for the transfer of immovable property. According to these sections:

• Section 47 of the Registration Act, 1908: States that a registered document shall operate from the time of its intended operation if no registration were required.
• Section 54 of the Transfer of Property Act, 1882: Stipulates that the transfer of immovable property valued above Rs. 100 must be conducted via a registered document.

As per the principles established in legal precedents like Ram Saran Lall v. Domini Kuer, a balance must be maintained between the imperative nature of these sections. The Court acknowledges that without a duly stamped and registered deed of conveyance, the transfer of immovable property rights cannot legally occur. This underlines the principle that property transfer should be through formal documentation, emphasizing the preference for alienation as outlined by the maxim.

In summary, the transferability rule rooted in "Alienation rei praefertur juri accrescendi" emphasizes that legal systems prioritize the act of transferring property over it remaining within or defaulting to an estate.

Answer 5

In understanding when a registered sale deed operates, we must explore the legal provisions under the Registration Act, 1908, and the Transfer of Property Act, 1882. The relevant sections are:

• Section 47 of the Registration Act: This section stipulates that a registered document shall be effective from the time it would have operated if registration had not been required. Essentially, it provides retroactive effect to registered documents.
• Section 54 of the Transfer of Property Act: It specifies that a sale of immovable property valued over Rs. 100 must occur only through a registered deed. Without a duly stamped and registered deed, no legal transfer of rights or interests in property can occur. This section draws a clear line between sales through registered deeds for properties valued over Rs. 100 and possible oral contracts or delivery for properties valued less than Rs. 100.

Key Judicial Interpretation: In cases like Ram Saran Lall v. Domini Kuer, the courts have harmonized these laws by noting that despite Section 54's requirement for registration, Section 47 allows the deed's operation from the execution date if conditions are satisfied.

Thus, in scenarios where the entire consideration is paid, and a sale deed is executed, the deed will operate from the date of execution, even if the registration occurs later. This interpretation ensures legal consistency and respects the intent of contractual parties who have duly executed their obligations before registration.

Correct Answer: Date of execution of the sale deed