Registrability
Baskaran Kanakasabai
(Querist) 23 May 2010
This query is : Resolved
It is confirmed from the experts that a sale deed entered into between buyer and seller of a land, is a non-testamentary
instrument.
Registration Act,1908 says:
PART III : OF REGISTRABLE DOCUMENTS
17. Documents of which registration is compulsory
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest;
Therefore is it right to say that such sale deed is a compulsorily registrable non-testamentary instrument under sec 17(b) and (c) of Regn. Act 1908?
Baskaran Kanakasabai
(Querist) 23 May 2010
Dear Sir
Thanks for your response.
If such sales deed is categorised as a non-testamentary instrument under 17 (b) & (c) of Regn Act under what category of non-testamentary instruments can the notification under 4(1) of LA Act 1894
be placed under in the purview of the same Registaration Act,1908?
"sec17 (2) (v)- any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest;"-Does it match the description?
Baskaran Kanakasabai
(Querist) 23 May 2010
Dear sir
Thanks for the responses.
since sec 17 (2) says:
"(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or"
can the notification under 4(1) be classified as a non-testamentary instrument under 17(2) (v) which is not compulsorily registrable.
Will that mean that it is registrable but not compulsorily?
