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September 2008

Registration : Reconveyance deed not compulsorily registrable : Registration Act, 1908, S. 17(1)(b).

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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28 Registration : Reconveyance deed not
compulsorily registrable : Registration Act, 1908, S. 17(1)(b).


Whether a non-testamentary document in respect of immovable
properties is compulsorily registrable or not depends on the facts and
circumstances and the terms of the document. No hard and fast rule can be laid
down. The crucial test in each case is as to the nature of the document itself,
if it does create a right, title or interest in itself, whether in present or in
future, it is compulsory registrable u/s.17(1)(b). However, if by itself it does
not create any right but visualises creation or extinction of a right by some
other document, then it falls squarely within the ambit of S. 17(2)(v) and,
hence, not registrable.

In the instant case, the agreement in dispute was a simple
agreement to reconvey property under certain conditions mentioned therein and,
thus, was not compulsorily registrable. Under the circumstances, even provisions
of S. 92(4) of the Evidence Act are not applicable in such case and therefore
subsequent document varying the terms of recoveying deed would not required to
be registered.

[Bhikkilal & Ors v. Smt. Shanti Devi & Ors., AIR
2008 Rajasthan 128]

 


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