- S. 17 — Documents creating some rights such as gift-deed and sale-deed were to be registered compulsorily — Ss. 59,60 & 61(2) Registration Officer has to register the document and then he has to sign it and put a date on it — A certificate is endorsed on it containing the word “registered”, then it is sufficient proof that the document was registered in accordance with law — U/s 61(2) document is sent to Maharaja Bahadur for his sanction — Sanction — Objection to — It has not been provided in S.61(2) that without sanction of Maharaja Bahadur document was not admissible in evidence. Khadim Hussain and 9 others v. Sarwar Jan and 27 others 1998 SCR 364 (A)
- S. 17(1)(B) — Non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish whether in present or in future, any right, title or interest , whether vested or contingent of the value of one hundred rupees and upwards to or in immovable property shall be registered compulsorily. Noor M. Khan v. Muhammad Bashir & 2 others 2009 SCR 572 (A)
- S. 17(1)(B) — Agreement-to-sell — Whether creates a right in present or in future in property — Held: If the documents creates or extinguishes right in the property then provisions of clause (B) of subsection 1 of section 17 shall be attracted and if document itself does not create or extinguish any right and creation of such right in future is dependent upon execution of another document then section 17(1)(B) is not applicable. Noor M. Khan v. M. Bashir & 2 others 2009 SCR 572 (B)
- To clear the ambiguity explanation to subsection (2) was added — Which provides that contract for some immovable property shall not be deemed to require or ever to have required registration — Held: A right to a property shall be created only when agreement-to-sell is acted upon and in its furtherance any document, i.e., sale-deed is executed — Held: That sale-deed shall be compulsorily registerable under section 17(1) (B). Noor Muhammad Khan v. Muhammad Bashir & 2 others 2009 SCR 572 (D) PLD 1961 SC 43, 1988 MLD 1485 and PLD 1990 Lah.229 rel.
- S. 17(2)(V) — Agreement-to-sell is such a document which itself does not create, declare, assign, limit or extinguish any right, title or interest in immovable property of the value of rupees one hundred or upward — It merely creates a right to another document and when such document is executed, the execution of such document shall create, declare, assign, limit or extinguish any such right, title or interest — Thus subsequent document shall be compulsorily registerable. Noor Muhammad Khan v. Muhammad Bashir & 2 others 2009 SCR 572 (C)
- S. 47 — There is hardly any doubt that after the registration, the document would operate from the date of its execution — Thus, in the instant case the sale-deed registered on 19.8.1991 would be effective from 12.8.1991 when it is executed — Consequently the sale-deed obtained by Muhammad Ghazan, plaintiff-respondent, on 15.8.1991, having not been in existence on 12.8.1991 would not give him any right of prior purchase and, thus, his suit entailed dismissal as was done by District Judge. Asghar Hussain v. Muhammad Ghazan 2002 SCR 205 (A)
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