Section 49 of the Registration Act 1908

 

REGISTRATION ACT,  1908 – sec-49- Unregd., sale deed relating to immovable property cannot be received as an evidence of any transaction afftecting property.  However, by virtue of proviso such document may be received as an evidence to contract in a suit for specific performance or evidence of any collateral transaction not required to be effected by a regd., instrument.

                  By virtue of the proviso, therefore, an unregd., sale deed of an immovable property of the value of Rs.100 and more could be admitted in evidence as an evidence of contract in a suit for specific performance of the contract.  Such an unregd., sale deed can also be admitted in evidence as an evidence of any collateral tansaction not required to be effected by regd., document.  When an unregd., sale deed is tendered in evidence, not as evidence of a completed sale, but as proof of an oral agreement of sale, the deed can be  received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale under th proviso to sec 49 of the Indian REgn., Act.