Kamal law House’s Commentaries on Registration Act by S.P. Sengupta – Edition 2019.

Kamal law House’s Commentaries on Registration Act by S.P. Sengupta – Edition 2019.

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LAW OF REGISTRATION is undoubtedly a very important branch of law. This is one treatise on the subject where the complicated questions are dealt with in an easily accessible manner and its interrelationships and cumulative effects are accordingly clearly explained.

Many vexed problems arise in applying the Act: what types of documents are compulsorily registrable and to what extent an unregistered compulsorily registrable document can be admitted in evidence for collateral purposes; which are mandatory provisions, non-compliance whereof invalidates registration; where section 87 may be invoked to cure noncompliance; when a suit under section 77 or a regular civil suit lies, etc. The applicability of the doctrine of part performance under section 53A of the Transfer of Property Act has also been explained in author’s own way. The incorporation of section 32A, specially its proviso, is unworkable and, as such, should be struck down. Similarly, introduction of sub-section (1A) of section 17 does not appear to be a welcome change because the possibility of the poor and innocent villagers of being defrauded cannot be ruled out.

The author, in discharge of his duty, had to express his own views where he could not agree with the learned Judges.
Bona fide acts and omissions should be protected when two alternative views are possible. Justice should never be sacrificed at the altar of technicalities. It is scarcely reasonable to suppose that the legislators ever intended that every registration should be declared null and void solely on technical grounds.

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