Time from which registered document operates
Section 47 of the Registration Act, 1908 deals with time from which registered document operates. A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. The Act came into force on 01 Jan 1909.
A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.
Section 47, The Registration Act, 1908 (Act 16 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Gurbax Singh v. Kartar Singh
Court's Decision & Legal Precedent
Judgment order-2.pdf 2002-02-11 DATE VERIFIED (Quadri & Bisheshwar Prasad Singh JJ.). Registration Act s.47: registered document operates from execution, not registration; same-day deeds — earlier execution prevails irrespective of registration time. Map Registration 47.
On this section: s.47 registered document operates from execution; same-day priority by earlier execution.
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Ittianam vs Cherichi @ Padmini
Court's Decision & Legal Precedent
Section 90 of the Indian Succession Act, which incorporates the legal fiction that property description in a will shall be deemed to refer to property answering that description at the testator's death (unless contrary intention appears), must be applied with full effect to its logical end to prevent intestacy. Where a will describes properties and the testator acquires title to those properties after the will's execution but before his death, and no contrary intention appears in the will, all such properties must be included in the bequest. The principle applies without exception based on whether title was perfected at the date of will's execution or acquisition date.
On this section: Court noted that title passes retrospectively from the date of execution of the sale deed, not from the date of registration, thus the testator acquired title to the properties on May 2, 1967 (execution date) even though registration occurred on May 8, 1967.
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Shamsher Singh v. Govt. of NCT of Delhi
Court's Decision & Legal Precedent
Final Order order-1.pdf 2007-10-22 DATE VERIFIED (S. Ravindra Bhat J.). Sub-Registrar withheld earlier-presented sale deed; Court directed registration action consistent with Registration Act ss.17/47 priority of earlier execution/presentation. Map Registration 47.
On this section: s.47 priority — Sub-Registrar must process earlier-executed/presented deed; cannot indefinitely withhold.
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Vls Prasad vs Strip India Ltd.
Court's Decision & Legal Precedent
A Power of Attorney is legally terminated automatically upon the death of the principal executant. Any subsequent sale deed executed by the attorney on behalf of the deceased principal is void and can transfer no right, title, or interest.
On this section: Cited to validate that the prior transferee takes precedence over subsequent transactions.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 47
What have the courts held on Section 47 of the Registration Act?
Gurbax Singh v. Kartar Singh (11 Feb 2002) is the leading judgment on this section among those set out below: s.47 registered document operates from execution; same-day priority by earlier execution. Another 3 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2002 to 2011.
How do I find court cases under Section 47 of the Registration Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Registration Act 47, section 47 Registration Act, section 47 of the Registration Act. People searching for it also type registration act 47a and deeds registration act 47 of 1937. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Gurbax Singh v. Kartar Singh (11 Feb 2002).
What should I read with Section 47 of the Registration Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 47 of the Registration Act come into force?
Section 47 of the Registration Act, cited as Registration Act 47, came into force on 01 Jan 1909, having been enacted on 18 Dec 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed3309 words
- 17. Documents of which registration is compulsory1430 words
- 69. Power of Inspector-General to superintend registration offices and make rules1164 words
- 80. Fees payable on presentation1120 words
- 51. Register-books to be kept in the several offices868 words
- 22. Description of houses and land by reference to Government maps or surveys737 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.