The reservation provided for in article 49 provides for a derogation from the above-mentioned rule and provides that an unregistered document which relates to immovable property and which otherwise must be registered either under the registration law or under the TPA may be obtained as evidence of a contract in a legal action for a given performance or as proof of a security transaction. In KB Saha & Sons (P) Ltd v. Development Consultant Ltd [(2008) 8 SCC 564], the Supreme Court held that a mandatory registration document, if not registered, could only be considered in an appeal for certain services as proof that a contract was concluded between two parties and that this unregistered document could not be read as proof of the content of the contract. Therefore, if a document is inadmissible in the absence of registration as evidence, none of its provisions can be admitted as evidence. In addition, an ATS does not require mandatory registration in accordance with section 17 of the Registration Act, 1908 (Registration Act). This can be inferred from the fact that the list of instruments subject to registration in accordance with Article 17 does not contain an ATS. In any event, Article 17(2) excludes certain documents, including an ATS, from the applicability of Article 17(1)(a) and Article 17(1)(b). An ATS is excluded as a class of documents pursuant to Article 17(2) v. In addition, the Explanatory Note to Section 17 also provides that a document that is provided or used to conclude a contract for the sale of immovable property is not considered to be subject to registration or has never been necessary. The law adopts provisions of the law that are both adjective and material. Therefore, the provision on the admissibility of evidence (section 49 of the Act) is part of the determination of adjective right, while the provision on priority and mandatory registration of documents (p.17) is part of the determination of substantive law. In accordance with the general principles of legal interpretation, substantive provisions have only a forward-looking effect and are not retroactive, unless the language of the provisions clearly indicates that a retroactive transaction is envisaged, while the provisions of adjective law are both prospective and retroactive. According to legal experts, if Section 17 of the Indian Registration Act (which makes it mandatory to register documents such as the contract of sale) had been in practice in real estate, thousands of buyers of real estate would not have been victims of real estate fraud and misconduct.
I want to sell my property. What documents would a buyer need? In 1908, a new law, the Registration Act of 1908 (Act No. XVI of 1908), was passed to consolidate the regulations relating to the registration of documents. The law deals with cases where transactions between individuals are reduced to the written form and includes the mandatory or optional registration of such briefs. It does not process transactions that are not reduced to writing. An agreement on the sale of a property that contains stories about the payment of the price is not mandatory….