The document summarizes the key aspects of the Registration Act of 1908 in India. It discusses (1) why the act was introduced - to record certain transactions and prevent fraud, (2) the classification of registrable documents into those requiring compulsory registration and those where registration is optional, (3) the time limits for registration, and (4) the effects of non-registration of documents that are required to be registered.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
The TPA Act has not defined this term. It only says that, “immovable property” does not includes standing timber, growing crops or grass.
However section 3(25) of the general clause act, 1897 defines the term “immovable property” as-
immovable property shall include land, benefit to arise out of land, and things attached to land or permanently fastened to anything attached to the Earth.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
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FREE CA ICWA FOUNDATION NOTES
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
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Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The TPA Act has not defined this term. It only says that, “immovable property” does not includes standing timber, growing crops or grass.
However section 3(25) of the general clause act, 1897 defines the term “immovable property” as-
immovable property shall include land, benefit to arise out of land, and things attached to land or permanently fastened to anything attached to the Earth.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
Written while pursuing the NUJS MA in Business Laws (http://startup.nujs.edu/). It often so happens that an agreement or conveyance or any other document is improperly stamped and not in compliance with the Indian Stamp Act, 1958, or any of the State stamp legislations. This article discusses the provisions relating to such documents and the different ways such stamping requirements could be complied with and rectified.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
Here are some of the suggestive economics project topics for XII - CBSE. It is based on Current Economic Events. It will be helpful for you all to choose the topics.
FUNDAMENTALS OF PARTNERSHIP
INTEREST ON DRAWINGS
EXPLAIN IN A SIMPLE MANNER WILL BE HELPFUL TO XII CBSE STUDENTS.
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XII - CBSE ECONOMICS 2017-18
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I AM CONFIDENT THAT STUDENTS WILL FIND THIS SLIDE USEFUL AND SUITABLE FOR CBSE EXAMINATION IN 2017-18. ANY FEEDBACK OR QUERIES YOU CAN POST IT TO MY E-MAIL ID.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
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These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
4. INTRODUCTION
Human beings enter countless transactions in
their lives. Law believes some of these to be
duly informed to one and all in the larger
interest of society. Hence, the concept of
registration of certain human transactions by
State is evolved. To ensure that this process of
registration will be carried in a proper way,
the need for legislative enactment was felt.
Accordingly way back in 1908 Registration
Act was enacted.
5. WHY REGISTRATION ACT?
Registration is placing a document in public
records for due intimation to world by
charging fee. At this junction, it is deal to spell
out the difference between Stamp Duty and
Registration Fee.
Stamp duty is collected for the purpose of
recognise right by the State and whereas
Registration is fee that is charged by the State
to keep document in public records.
6. To give information to people regarding legal
rights and obligations arising or affecting a
particular property.
To perpetuate documents which may
afterwards be of legal importance.
To ensure proper preservation and record of
documents.
To prevent fraud.
8. SEC. 17 - DOCUMENTS WHOSE
REGISTRATION IS COMPULSORY
a. Instruments of gift of immovable property.
b. Other non-testamentary instruments [Other than
instruments of Gift of immovable property]
c. Non-testamentary instruments which purport to
create, declare, assign, limit or extinguish, whether in
present or in future, any such right, title or interest
whether vested or contingent, of the value of Rs.
100/- and above.
d. Leases of immovable property from year to year or
any term exceeding one year or reserving a yearly
rent.
e. Non-testamentary instruments transferring or
assigning any decree or order of a court or any award
in order to create interests as mentioned in clause (c).
9. SEC – 18 DOCUMENTS WHOSE
REGISTRATION IS OPTIONAL
Instruments, (other than instruments of gift and will) which purport
or operate to create, declare, assign, limit or extinguish, whether in
present or in future, any right, title or interest, vested or contingent
of value less than Rs.100/- to or in immovable property;
Instrument acknowledging the receipt or payment of any
consideration on account of the creation, declaration, assignment,
limitation or extinction of any such right, title or interest;
Leases of immovable property for any term not exceeding one year.
Instruments transferring or assigning any decree or order of a court
or award when they purport or operate to create, declare, assign,
limit or extinguish, whether in present or in future, any right, title or
interest of a value less than one hundred rupees, to or in immovable
property;
Instruments (other than will) which create, declare, assign, limit or
extinguish any right, title or interest to or in movable property.
Wills; and
Other documents not required to be registered u/s 17.
10. TIME LIMIT FOR PRESENTATION FOR
REGISTRATION?
A document other than a will must be presented within four
months of its execution. These limits are mandatory. If the delay
is due to act of the Court, it has to be disregarded.
Section 23A deals with re-registration of certain documents.
The section is mainly intended to deal with situation where the
original presentation was by a person not duly authorized.
Under Section 24 a document executed by several persons at
different times may be presented for registration and re-
registration within four months from the date of each execution.
As per Section 26 where the registering officer is satisfied that
the document was executed outside India it has been
presented for registration within four months of its arrival in
India, he may accept such document for registration on
payment of proper registration fee.
A document executed outside India is not valid unless it is
registered in India.
11. PLACE FOR REGISTERING DOCUMENTS PERTAINING TO
LAND AND OTHER DOCUMENTS.
Section 28 of the Registration Act, 1908 provides that
document affecting immovable property mentioned in
Sec.17(a), (b), (c), (d), (e) and Section 17(2), etc shall be
presented for registration in the office of Sub-Registrar within
whose sub-district the whole or some portion of the relevant
property is situated.
Regarding other documents, it has been stipulated under
Section 29 of the Act that every document not being a
document referred to in Section 28 or a copy of the decree or
order, may be presented for registration either in the office of
the Sub-Registrar in whose sub-district the document was
executed, or in the office of any other Sub-Registrar under the
State Government at which all the persons executing and
claiming under the document desire the same to be registered.
12. PERSONS WHO CAN PRESENT THE DOCUMENTS
FOR REGISTRATION.
Section 32 specifies the persons who can present documents for
registration at the proper registration office. Such persons are as
follows:
Some person executing or claiming under the same, or in the case of
copy of a decree or order, claiming under the decree or order or;
The representative of assign of such person, or
The agent of such person, representative or assign, duly authorised
by power of attorney executed and authenticated in the manner of
provided under Section 33.
Under Section 33 of the Registration Act, a Special Power of Attorney
is required.
A general power of Attorney will not do.
Section 33 requires that power of attorney, in order to be recognized
as giving authority to the agent to get document registered, should
be executed before and than authenticated by the Registrar within
whose district or sub-district the principal resides.
13. WHETHER REGISTRAR HAS POWER TO
REFUSE REGISTRATION
YES
If the executants has no title to the property .
If document is presented four months after its
execution
If the document is presented by minor.
If the property is not situated within his sub-
district.
Registration cannot be refused on the ground of
undervaluation of stamp duty.
14. WHETHER REGISTRAR KEEPS ANY BOOK TO
RECORD THESE TRANSACTIONS
YES
Registrar Maintains 5 Books. They are:-
1. Book – I : Register of Non-Testamentary documents
relating to immovable property.
2. Book – II : Record of reasons for refusing to register.
3. Book – III : Register of wills and authorities to adopt.
4. Book – IV : Miscellaneous register.
5. Book – V : Deposits of Wills.
15. IS THE REGISTRATION OF WILL OPTIONAL? EXPLAIN THE
MANNER IN WHICH IT MAY BE PRESENTED FOR
REGISTRATION.
As provided in Section 18 of the Registration Act, 1908 registration
of will is optional.
As provided in Section 40 of the Registration Act, 1908 the testor or
after his death any person claiming as executor or otherwise under
will, may present it to any Registrar and Sub-Registrar for
registration.
Any testor may either personally or by duly authorized agent,
deposit with any Registrar his will in a sealed cover superscribed
with the name of the testator and that of the agent, if any, and with a
statement of the nature of the document.
On receiving such documents, the Registrar on being satisfied shall
transcribe in his Registrar Book No. 5, the superscription and shall
note the date, time, month etc. of such receipt and shall then place
and retain the sealed cover in his fire-proof box.
However, the testor may withdraw it by applying for the same and
the Registrar shall deliver it accordingly.
16. REGISTRATION OF DOCUMENTS RELATES BACK TO
THE DATE OF THEIR EXECUTION.
Section 47 of the Registration Act, 1908 provides that 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. This means registration of a document relates
back to the date of its execution.
In K.J. Nathan v. S.V. Maruthi Rai, AIR 1965 SC 430, the
Supreme Court laid down that as between two registered
documents, the date of execution determines the priority. Of
the two registered documents, executed by same persons in
respect of the same property to two different persons at two
different times, the one which is executed first gets priority
over the other, although the former deed is registered
subsequently to the later one.
In effect section 47 means that a document operates the date
of execution [as between the parties].
Case Law : Gurubux Singh Vs. Kartar Singh [2002] 2 SSC
611.
17. EFFECT OF NON-REGISTRATION OF DOCUMENTS
REQUIRED TO BE REGISTERED
Section 49 of the Registration Act, 1908 provides that no document required
by Section 17 or by any provision of the Transfer of Property Act, 1882 to be
registered shall:
affect any immovable property comprised therein; or
confer any power to adopt; or
be received as evidence of any transaction affecting such property or
conferring such power unless it has been registered.
Section 49 is mandatory, and a document which is required to be registered
cannot be received in evidence as affecting immovable property.
An unregistered document which comes within Section 17 cannot be used in
any legal proceeding to bring out indirectly the effect which it would have if
registered.
However, as provided in provisio to the Section 49, an unregistered
document affecting immovable property and required by this Act or the
Transfer of Property Act, 1882 to be registered may be received as evidence
of a contract in a suit for specific performance or as evidence of any
collateral transaction not to be effective by registered instrument.
18. WHAT ARE THE CASES IN WHICH A COMPULSORILY REGISTRABLE
DOCUMENT CAN BE USED IN EVIDENCE, EVEN IF IT HAS NOT BEEN
REGISTERED?
A compulsory registrable document can be used in
evidence, even if it has not been registered in the following
cases:.
When a part of the compromise related to the property
which was beyond the subject matter of the suit, had been
incorporated in the compromise decree and not being a
part of the operative portion thereof did not require
registration.
The combined effect of section 53A of the transfer of
property act is that an incomplete been of transfer, though
not registered or even attested, is regard, as a contract in
writing if signed by the transferor or his agent.
An unregistered document affecting immoveable property,
required to be registered, may be received in evidence of a
contact in the suit for the specific performance or as
evidence of part – performance of a contract.