482 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(iii) What amounts to Possession ? The question remains unanswered. Is it actual possession ? or Is it symbolical possession ?
(iv) One view is that since delivery is prescribed for tangible property only what the Legislature intends is actual possession.
(v) The other view is that it is used in a wider and ordinary sense because in the great majority of cases, land is in the occupation of a tenant or the buyer and physical delivery is therefore immpossible.
(vi) The latter view is the generally accepted view, so that there is physical delivery, when the owner of property places the buyer in such relation to the land and its actual occupants as he himself occupies.
- Ownership when transferred
(i) Ownership passes upon delivery or registration.
(ii) With regard to registration, the following points should be noted:—
(a) Once registration is effected, the title relates back to the date of the execution.
(b) A Registered sale-deed will not be defeated by another deed executed later but registered earlier.
(c) The transfer will not be subject to lis pendens if the deed was executed before the suit but registered after the suit.
(d) Although it is true that property does not pass i. e. ownership is not transferred until Registration is effected, it is not true to say that property passes as soon as the instrument is registered, for the true test is the intention of the parties.
Section 55 (3)— To deliver title-deeds : —
Title-deeds are accessary to the estate. They pass with the conveyance without being named.
This includes all deeds relating to the property conveyed in possession as well as in power.
The liability to deliver title-deeds also includes the liability to bear the cost of obtaining them.
Counterparts leases and Kabulayets are deeds of title accessory to the estate.
The duty to deliver title-deeds is not dependent upon the completion of the conveyance. This duty does not arise until the price has been paid.
E XCEPTIONS :
(i) When the seller retains parts of the property comprised in the deeds, he may retain the deeds but is under an obligation for