Admissibility of a Document - 5 principles. 1. A document required to be registered, if unregistered is not admissible into evidence under Section 49 of the Registration Act. 2. Such unregistered document can however be used as an evidence of collateral purpose as provided in the proviso to Section 49 of the Registration Act. 3. A collateral transaction must be independent of, or divisible from, the transaction to effect which the law required registration. 4. A collateral transaction must be a transaction not itself required to be effected by a registered document, that is, a transaction creating, etc. any right, title or interest in immovable property of the value of one hundred rupees and upwards. 5. If a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence and that to use a document for the purpose of proving an important clause would not be using it as a collateral purpose. - 2015 S.C.(2008) msklawreports
Admissibility of a Document - 5 principles.
1. A document required to be registered, if unregistered
is not admissible into evidence under Section 49 of the
Registration Act.
2. Such unregistered document can however be used as
an evidence of collateral purpose as provided in the proviso to
Section 49 of the Registration Act.
3. A collateral transaction must be independent of, or
divisible from, the transaction to effect which the law required
registration.
4. A collateral transaction must be a transaction not itself
required to be effected by a registered document, that is, a
transaction creating, etc. any right, title or interest in
immovable property of the value of one hundred rupees and
upwards.
5. If a document is inadmissible in evidence for want of
registration, none of its terms can be admitted in evidence
and that to use a document for the purpose of proving an
important clause would not be using it as a collateral
purpose. - 2015 S.C.(2008) msklawreports
1. A document required to be registered, if unregistered
is not admissible into evidence under Section 49 of the
Registration Act.
2. Such unregistered document can however be used as
an evidence of collateral purpose as provided in the proviso to
Section 49 of the Registration Act.
3. A collateral transaction must be independent of, or
divisible from, the transaction to effect which the law required
registration.
4. A collateral transaction must be a transaction not itself
required to be effected by a registered document, that is, a
transaction creating, etc. any right, title or interest in
immovable property of the value of one hundred rupees and
upwards.
5. If a document is inadmissible in evidence for want of
registration, none of its terms can be admitted in evidence
and that to use a document for the purpose of proving an
important clause would not be using it as a collateral
purpose. - 2015 S.C.(2008) msklawreports