llb-property-law

Q.3 : When does registration amount to notice?

Ans. Registration when amounts to notice- Explanation I of Section 3 of the Act about notice provides that-

"Where any transaction relating to immovable property is required by law to by and has been effected by a registered instrument, any person acquiring such property or any part of or share or interest in such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district or where the registered instrument has been registered under Sub-section (2) of Section 30 of the Indian Registration Act, 1908 from the earliest date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of the property which is being acquired or of the property wherein a share or interest is being acquired, is situated."

Provided that:

(1) The instrument has been registered and its registration was completed in the manner prescribed by the Indian Registration Act.

(2) The instrument or memorandum has been duly entered or filed, as the case may be, in books kept under the Act.

(3) The particulars regarding the transaction to which the instrument relates have been correctly entered in the index kept under the Act.

Thus registration of a document operates as a notice of the contents in the document in the following circumstances-

(1) The instrument should be compulsorily registerable. If it is not required by law to be registered then its registration does not amount to notice.

(2) The instrument should be registered in the manner prescribed by the Indian Registration Act.

(3) It should be entered into the books kept under the provisions of the Registration Act.

(4) Its particulars must be correctly entered in the index maintained and kept under the Act as above.

(5) The person affected with notice should have acquired his interest subsequent to the registration. By registration of document notice can not be imputed to prior transaction.


hi