KateSavi

The execution and registration of a compulsorily registrable non-testamentary instrument effectively and conclusively transfers and conveys the rights and interests in immovable property to and in favor of the transferees. Such transferees acquire clear and marketable title to such rights. The most significant legal consequence in Real Estate in India is that there is universal notice to such title in hands of the transferees which will receive complete and absolute recognition from the general public. The nature and scope of such notice has been clearly defined in explanations to section 3 of the transfer of property act, 1882. It deals with a transaction relating to immovable property affected through the registration of the compulsorily registrable instrument. It clearly states that any other person acquiring such property or any part thereof or share or interest in the same shall be deemed to have notice of the aforesaid instrument from the date of the registration of the same. Where the immovable property covered by the instrument is situated within the territorial jurisdiction of more than one sub-registrar then the memorandum of such instrument registered with one sub-registrar should be filled with the other sub registrar then there is deemed to be notice of such memorandum and through such memorandum there is notice to the main instrument to all persons dealing with such part of the property situated within the jurisdiction of the other sub registrar. Such a memorandum will be duly entered in the appropriate registers and books maintained by the other sub registrar. This is an important provision dealing with immovable property of huge sizes and dimensions which come under the territorial jurisdiction of different sub-registrar and it emphasizes the absolute legal necessity of preparing a memorandum of the original instrument and having the same duly filled and entered into the statutory books and registers of the other sub registrar.