Registration Act, 1908 — section 49

49. Effect of non-registration of documents required to be registered..—No document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall

(a)operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immoveable property, or

(b)confer any power to adopt, unless it has been registered.] 50. Certain registered documents relating to land to take effect against unregistered documents.— (1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17,.sub-section (1), 3[and every document registerable under section 18, in so far as such document affects immoveable property or acknowledges the receipt or payment of any consideration in respect of any transaction relating to immovable property], 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 4[:] 5 [Provided that the person in possess or of the property under an unregistered document prior in date, would be entitled to the rights under section 53A of the Transfer of Property Act, 1882 (IV of 1882) if the conditions of that section are fulfilled: Provided further that the person in whose favour an unregistered document is executed shall be entitled to enforce the contract under the unregistered document in suit for specific performance against a person claiming under a subsequent registered document, subject to the provisions of clause

(b)of section 27 of the Specific Relief Act, 1877 (I of 1877).] 1 Ins. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 10. 2 Subs. by the Registration (Amdt.) Ordinance, 1962 (45 of 1962), s. 13, for the original section 49, as amended by Act 21 of 1929, s. 10. 3 Subs. by Ordinance 45 of 1962, s. 14, for “and clauses (a) and (b) of section 18”. 4 Subs. ibid., for the full-stop. 5 Provisos added, ibid. documents. section 50. Certain 17, registered

(1)Every documents document of the kinds to relating land to intake mentioned effect(a), clauses against unregistered

(b), (c) and (d) of

(2)Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act. Explanation.—In cases where Act No. XVI of 1864 or the Indian Registration Act, 1866 (XX of 1866), was in force in the place and at the time in and at which such unregistered document was executed, “unregistered” means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (VIII of 1871), or the Indian Registration Act, 1877 (III of 1877), or this Act. PART XI OF THE DUTIES AND POWERS OF REGISTERING OFFICERS

(A)As to the Register-books and Indexes