Law: Bengal Tenancy Act (VIII of 1885)

Section: 26-C,26-F

Law: Registration Act (XVI of 1908)

Section: 60,47

  (a) Registration Act (XVI of 1908),   S. 47-Application.   Section 47 of the Registration Act, 1908 has little to do with the completeness or incompleteness of a transfer, as it has nothing to do also with the completeness or incompleteness of registration. The incompleteness in the context of section 47 is the incompleteness of a document and not of the transfer as such. It cannot be disputed that a transfer which is incomplete by reason of breach of any statutory provision specifying the mode, its completion cannot be completed by registration. The sole purpose of section 47 is to meet objections touching the incompleteness of a document during the period it remained incomplete due to want of registration.   The rule as to commencement of operativeness contained in section 47, is, in terms, to be confined, in its application, to the document. Its impact on the transfer can affect only the transferor and the transferee. It has no relation to the rights of a person who is not a party to the document. He comes into the picture only after the registration, i.e., when a deed of transfer duly completed by registration comes into existence.   52 C W N 64; Ram Saran v. Dominf Kuer A I R 1961 S C 1747 and Kalyanasundaram Pillai v. Karuppa Mooppanar 31 C W N 509 ref.   (b) Bengal Tenancy Act (VIII of 1885),   Ss. 26-C & 26-F ---Application for pre-emption by non-notified co-sharer tenant--Limitation of 3 years runs from date of registration of deed of transfer-Limitation.   52 C W N 64 and Noab Mian v. Golam Hossain P L D 1963 Dacca 89 ref.   (c) Registration Act (XVI of 1908),   S. 60-Document-When to be regarded as "registered document".   The language of section 60, Registration Act, 1908 admits of no doubt that it is the certificate in compliance with the provisions of this section that makes a document a registered document.   The document cannot be regarded as registered before the certificate is endorsed thereon and signed, sealed and dated in terms of section 60, nor has it to wait for acquiring the character of a regis tered document till after compliance with the other provisions that…