Question

The Supreme Court recently examined the interplay between Section 47 of the Registration Act, 1908 and Section 54 of the Transfer of Property Act, 1882. Section 47 of the Registration Act titled “time from which registered document operates” states that registered document shall operate from the time from which it would have commenced to operate if no registration has been required or made. On the other hand, Section 54 of the Transfer of Property Act provides that the transfer of immovable property of value above Rs. 100 can be made only by a registered document. It is a trite law that a transfer of immovable property by way of sale can only be made by a deed of conveyance and in the absence of such deed that is duly stamped and registered as required by law, no right, title or interest in the immovable property can be transferred. The Court referred to an earlier decision in Ram Saran Lall v. Domini Kuer where a harmonious balance was maintained between the peremptory language of Section 54 of the Transfer of Property Act and the deeming fiction under Section 47 of the registration act. It also implicitly recognised that Section 54 draws a clear distinction between transfer of tangible immovable property of value more Rs. 100 and less than Rs. 100. In the former case, such transfer can only be made through a registered instrument, whereas in the latter case the transfer may be either by registered instrument or by delivery of property.
(Extract from Kanwar Raj Singh v. Gejo, 2024 SC)