Principal Secretary, Government of Karnataka and Ors. v. Ragini Narayan and Ors. AIR 2016 SUPREME COURT 4545

Indian Registration Act ,1908 .

S.47: Registered Document – Operates from date of its execution – Not from the date of its Registration [ S.17 ]

One of the Dispute which arose was with respect to the date from which the document is said to start to operate when the document registered was on a subsequent date.

It was contended that the Deed of Nomination dated 16.01.1995 was not a valid document. It was pointed out that the amended deed based on Resolution dated 10.12.1994 was not registered, by the date 16.01.1995 as the registration is said to have been done only on 30.01.1995. As such, delegation of power in favour of Plaintiff on 16.01.1995 is not valid. It was vehemently argued that since the amendment registered on 30.01.1995 was a non-starter as such the same was non-effective.

Section 47 of Registration Act, 1908 reads as under: Time from which registered document operates.  A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

In view of the above provision of law, the Hon’ble Court held that if there is a document registered on a subsequent date, it starts to operates from the date of execution and not from the date of registration.