XYZ Pvt. Ltd. and ABC Pvt. Ltd. have entered into a contract of sale of plant and machinery. The Managing Director of the XYZ Pvt. Ltd. signed the contract at Jaipur and sent the same to the office of ABC Pvt. Ltd. in Mu

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2024
XYZ Pvt. Ltd. and ABC Pvt. Ltd. have entered into a contract of sale of plant and machinery. The Managing Director of the XYZ Pvt. Ltd. signed the contract at Jaipur and sent the same to the office of ABC Pvt. Ltd. in Mumbai and its directors has signed the contract. The consideration for the transaction is ₹ 10 crore. A dispute arose between the parties over the identification of the aforesaid property. Identify and explain the following: What is effect of non-registration of this contract ?

Answer & Explanation:

According to section 49 of the Registration Act, 1908, no document required by section 17 or by any provision of the Transfer of Property Act, 1882, to be registered shall- (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered However, an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument. Further, according to section 50(1), every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.

Topics: Registration Act

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