A has executed a document outside India. Whether this document is valid in India ? Discuss with reference to the Registration Act, 1908.

CS Executive · Economic and Commercial Laws · PYQS · December 2019
A has executed a document outside India. Whether this document is valid in India ? Discuss with reference to the Registration Act, 1908.

Answer & Explanation:

Under the Registration Act, 1908, a document executed outside India can be valid in India, provided certain conditions are met regarding its registration. Validity and Registration (Section 26 of the Registration Act, 1908): As per Section 26 of the Registration Act, 1908, where the registering officer is satisfied that the document was executed outside India and it has been presented for registration within four months after its arrival in India, he may accept such document for registration on payment of proper registration fee. Judicial Precedent: A document executed outside India is not valid unless it is registered in India (as held in Nainsukhdas v. Gowardhandas, AIR 1948 Nag. 110 ). Conclusion for 'A': In view of the above, it is clear that the document executed by Mr. A outside India, is not valid in India unless it is registered in India within four months from the date of its arrival in India, and the proper registration fee is paid.

Topics: Registration Act, 1908

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