Understanding Section 49 of the Registration Act, 1908: Effects of Non-Registration of Required Documents
Section 49 of the Registration Act, 1908 explains the legal consequences when a document that is compulsorily registrable is not registered. Such a document generally cannot affect the immovable property concerned or be received as evidence of the transaction it was required to record. However, the law allows limited exceptions, including its use as evidence in a suit for specific performance or for certain collateral transactions that do not themselves require registration. The provision highlights why proper registration is essential in property-related transactions.
