Is Registration Of Agreement To Sale Is Compulsory

This question arises because the registration of documents is usually made to guarantee a clear right and ownership of the property to the buyer. A sale agreement as such does not constitute a clear property of the property. In the case of Durgawati Devi/Union of India2, the Supreme Court ruled that the execution of the sale contract did not entrust ownership of the property and that the property would be transferred only by transportation authorization. In the absence of contrary legislation, an ATS has not been registered in accordance with industry practice with respect to real estate exported both between individuals and between developers and Allottees. As the law did not provide for registration, ATS was also not exposed to the consequences of section 49 of the Registration Act. Therefore, the courts and especially consumers for has, used to make these unregistered ATS effective. By analyzing the provision, we can understand that the document listed in it is an agreement for sale. Moreover, the fact that the agreement on the sale as such falls within the category of Article 17, paragraph 2, of the Registration Act as a non-binding document. Section 13, paragraph 1 of the RERA Act 2016 states that “the project proponent may not accept more than 10% of the cost of the dwelling, land or building, as it may amount in this case in the form of an advance or a person`s application fee without first entering into a written sales agreement with that person and registering the agreement for sale under current legislation.” The disadvantage of not registering a sales contract was particularly highlighted by the Court of Justice in its decision in TG Ashok Kumar vs Govindammal (2010). A purchase agreement is an agreement to sell a property in the future. This agreement sets out the conditions under which the property in question is transferred. The Transfer of Ownership Act of 1882, which governs matters relating to the purchase and transfer of real estate, defines the sales contract or sales contract as under: A sales contract is an agreement on the future sale of a property. This agreement sets out the conditions under which the property in question is transferred.

What the sales contract creates is the buyer`s right to acquire the property in question in 1996, 1996. Similarly, the seller obtains the right to obtain the buyer`s consideration in accordance with his part of the terms and conditions. The question is whether an unregant agreement on the sale acquired through the measure or executed for the benefit of a person in possession, i.e. an agreement providing for a partial benefit, a recourse to a sale agreement pursuant to Article 53A tPA, can be obtained as proof of the agreement and whether a legal action for a specified benefit would be based on such an unregant sale agreement. The purpose of Section 53A of the TPA gives the defendant the right to protect his property from the vector. It is also available against those who assert their rights under its care, such as heirs, rights holders and final agents. This section should be used in an orderly manner as a defence and not as a weapon of attack. In addition, a sales agreement does not require mandatory registration under Section 17 of the Registration Act, 1908 (Registration Act).

Laws relating to the registration of real estate transactions in India.