Registration Act, 1908 ; Section 47 – A registered sale deed where entire consideration is paid would operate from the date of its execution – A registered document shall operate from the time from which it would have commenced to operate if no registration thereof was required. Thus, when a compulsorily registerable document is registered according to the Registration Act, it can operate from a date before the date of its registration. The date of the operation will depend on the nature of the transaction. If, in a given case, a sale deed is executed and the entire agreed consideration is paid on or before execution of the sale deed, after it is registered, it will operate from the date of its execution. The reason is that if its registration was not required, it would have operated from the date of its execution. (Para 6)
Registration Act, 1908 ; Section 47 – Ram Saran Lall v. Domini Kuer AIR 1961 SC 1747 – The Constitution Bench held that Section 47 of the Registration Act does not deal with the issue when the sale is complete – Section 47 applies to a document only after it has been registered, and it has nothing to do with the completion of the sale when the instrument is one of sale – Once a document is registered, it will operate from an earlier date, as provided in Section 47 of the Registration Act – The decision of the Constitution Bench only deals with the question of when the sale is complete; it does not deal with the issue of the date from which the sale deed would operate. (Para 8-10)
Registration Act, 1908 ; Section 47 – The corrections unilaterally made by the first defendant after the execution of the sale deed without the knowledge and consent of the purchaser will have to be ignored. Only if such changes would have been made with the consent of the original plaintiff, the same could relate back to the date of the execution. (Para 11)
Punjab Courts Act, 1918 ; Section 41 – A decision being contrary to law is a ground for interference – Referred to Satyender and Ors. v. Saroj and Ors 2022 SCC OnLine SC 1026. (Para 13)