Effect of non-registration of documents required to be registered
Section 49 of the Registration Act, 1908 deals with effect of non-registration of documents required to be registered. No document required by section 17 [or by any provision of the Transfer of Property Act, 1882 (4 of 1882),] to be registered shall-- (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or con The Act came into force on 01 Jan 1909.
No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882),] to be registered shall--
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:
1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) 2[ ,3*** or as evidence of any collateral transaction not required to be effected by registered instrument.]
Section 49, 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.
This section refers to
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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Suraj Lamp & Industries (P) Ltd. v. State of Haryana
Court's Decision & Legal Precedent
Judgment of Main Case order-24.pdf 2011-10-11. CA 13917/2009. A sale of immovable property under TP Act s.54 is a registered conveyance; SA/GPA/Will transactions do not transfer title. Registration Act s.17 makes the conveyance compulsorily registrable and s.49 keeps an unregistered document required to be registered out of evidence as a transfer. Map tp-act 54 and registration-act 17/49.
On this section: s.49: an unregistered document required by s.17 to be registered shall not affect immovable property or be received as evidence of a transaction affecting such property (save as a collateral record / part performance in the limited s.49 proviso sense). Suraj Lamp applies this to GPA sales.
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Sevoke Properties Pvt. LTD vs West Bengal State Eletrictiy Distribution Company Limited
Court's Decision & Legal Precedent
When an unregistered lease agreement for a term exceeding one year is expressly admitted by the tenant in its written statement to have been for a specific term that has expired, the lease determines by efflux of time under Section 111(a) of the Transfer of Property Act without requiring a formal notice under Section 106. The tenant's status upon expiration of the admitted term becomes that of tenant at sufferance, and the filing of an eviction suit itself constitutes sufficient notice to quit. Therefore, no separate notice under Section 106 is mandatory for maintaining an eviction suit in such circumstances.
On this section: Provides that unregistered documents required to be registered shall not be received as evidence of transaction affecting property, except for collateral purposes like proving nature of possession.
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Garware Wall Ropers LTD vs Coastal Marine Constructions Engineering LTD
Court's Decision & Legal Precedent
An arbitration clause contained in an unstamped agreement cannot be acted upon or enforced until the agreement is properly stamped and all stamp duty and penalty (if any) are paid. The mandatory provisions of the Indian Stamp Act requiring impounding of unstamped instruments apply to judicial authorities hearing Section 11 applications under the Arbitration and Conciliation Act, 1996. Section 11(6A), which limits judicial examination to the existence of an arbitration agreement, does not override these mandatory stamp duty requirements. The 'existence' of an arbitration agreement must be understood in context of all legal requirements for enforceability, including stamp duty compliance. The High Court must impound unstamped agreements and hand them to the stamp authority for adjudication of stamp duty issues before proceeding with the Section 11 application.
On this section: The Court distinguished between registration requirements and stamp duty requirements, noting that Section 49 of Registration Act contains a proviso allowing unregistered documents to be used for collateral purposes, but no such proviso exists in the Stamp Act.
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 49
What have the courts held on Section 49 of the Registration Act?
Suraj Lamp & Industries (P) Ltd. v. State of Haryana (11 Oct 2011) is the leading judgment on this section among those set out below: s.49: an unregistered document required by s.17 to be registered shall not affect immovable property or be received as evidence of a transaction affecting such property (save as a collateral record / part performance in the limited s.49 proviso sense). Suraj Lamp applies this to GPA sales. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2011 to 2019.
How do I find court cases under Section 49 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 49, section 49 Registration Act, section 49 of the Registration Act. People searching for it also type indian registration act 49 and registration act section 17 and 49. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Suraj Lamp & Industries (P) Ltd. v. State of Haryana (11 Oct 2011).
What should I read with Section 49 of the Registration Act, and has it changed?
Its own text turns on section 17 (Documents of which registration is compulsory), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 49 of the Registration Act come into force?
Section 49 of the Registration Act, cited as Registration Act 49, 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 14 Oct 2026. This page is not a substitute for legal advice.