(1) Every document of the kinds mentioned in clauses (a), (b), (c), and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation.-- In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian Registration Act, 1877 (3 of 1977), or this Act.
STATE AMENDMENTS
1Andhra Pradesh:
In section 50, in sub-section (1), for the expression "clauses (a), (b), (c) and (d) of section 17", the expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section 17" shall be substituted.
2Pondicherry:
For Explanation to section 50, substitute the following, namely:--
"Explanation.--"Unregistered" means not registered according to any law in force before the 9th day of January, 1969 or this Act."
3Uttar Pradesh:
In section 50,--
(i) in sub-section (1) after the words, figures and letters "and clauses (a) and (b) of section 18", insert the words "as these clauses stood before their omission by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976",
(ii) in sub-section (2), after the words and figures "proviso to sub-section (1) of section 17", insert the words and figures "as the proviso stood before its omission by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976".
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1. Vide Andhra Pradesh Act 4 of 1999, section 6 (w.e.f. 1-4-1999).
2. Vide Pondicherry Act 17 of 1970, section 3 (w.e.f. 1-11-1970).
3. Vide Uttar Pradesh Act 19 of 1981, section 9 (w.r.e.f. 1-8-1981).