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Section 116

Priority of registration

of Land Code, 1958

State OrdinanceIn forceProvision 71 of 209
Section 116

⎯(1) Every instrument shall be registered in the order of time in which it is presented for registration and, in the case of an instrument drawn up, at the request of the parties concerned, by the

Registrar or any other officer in accordance with rules prescribed for the purpose, it shall be deemed to have been presented for registration when it has been signed by the parties, all fees and duties have been paid and all other matters have been completed by them to enable the registration to be effected.

(2)

In the case of instruments received by post, whether these have been prepared by a Government officer or not, they shall be deemed to have been presented for registration at the time the office closed for business on the day they were received properly drawn and attested and with all necessary matters relating thereto duly completed.

(3)

Instruments registered with respect to or affecting the same estate or interest shall, notwithstanding any express, implied or constructive notice, be entitled in priority the one over the other according to the date of registration and not according to the date of each instrument itself.

(4)

If two or more instruments executed by the same proprietor and purporting to transfer or encumber the same estate or interest in any land are presented to the Registrar for registration at the same time the person, if any, in possession of the issue document of title of the land shall have the better claim to registration.

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