The Transfer of Property Act, 1882
Section 54 and
The Registration Act, 1908
Section 49
When the legislator alters the rights of parties by taking away or conferring any right of action– It is now well settled that when the legislator alters the rights of parties by taking away or conferring any right of action, its enactments, unless in express terms they apply to pending actions, do not affect them1. It is the general rule of the common law that the statute changing the law ought not, unless the intention appears with reasonably certainty to be understood as applied to facts, or events that have already occurred in such a way as to confer or impose or otherwise effect rights or liabilities which the law had defined with references to past events.
It is true that in terms of section 54 of the Transfer of Property Act, 1882, the transfer of immoveable property of the value of hundred rupees and upwards can be made only by registered instrument, whereas in terms of section 49 of the Registration Act, 1908, a document, which is required to be registered under the said Act, can operate to create any right, title or interest in any immoveable property, only if it is so registered. However, section 47 of the Registration Act, clearly lays down that a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. ...Muhammad Mansha =VS= Industrial Development Bank of Pakistan, [10 LM (SC) 25] ....View Full Judgment