Is It Mandatory To Register Sale Agreement

Although the RERA Act of 2016 provides for a non-fruit clause in Section 89 and applies as a result of the same RERA through the Registration Act 1908. On the other hand, it also raises another question as to whether a sale agreement creates a right, title or interest in the property? 4) If you get an agreement from the lawyer to a contract, you would be sure 3) as soon as the regular deed of sale is completed, the sales contract has no value. Sharma subsequently refused to comply with the agreement on the grounds that no final, legal and binding sales contract had been registered by the parties and that the existing agreement could not be obtained as proof of the alleged contract. That an unregant sale agreement, which accompanies the surrender of the property for the benefit of a person in possession, can be obtained as proof of the agreement and that an appeal for a given benefit would be based on an unregant sale agreement: under the law on the transfer of ownership, a contract of sale, with or without possession, is not a transfer. Section 54 of the Transfer of Ownership Act provides that the sale of a property can only be done by a registered instrument and that a sale agreement does not create interest or fees for its property. 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. Ownership of all land should be clear and marketable, and it is said that it is done as such when executing the deed of sale. However, in practice, buyers make a sales contract as a precautionary measure, although they are aware that it does not create title to a property. A deed of sale is considered an authentic instrument and also establishes a clear title to the property, since it is a document subject to the obligation, pursuant to Section 17, paragraph 1, of the Registration Act 1908. However, section 13 of the RERA Act 20161 stipulates that a sales contract must be registered.

Although this is not the case with the Registration Act 1908. Therefore, the validity of the sale agreement always becomes an unresolved conflict. Any transaction related to the sale of real estate must only be understood by a registered document. 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. Applying the provisions of Section 88 of the RERA Act 2016, we can verify, in the analysis of the provisions of both provisions, that section 17, paragraph 2(v) of the Registration Act 1908 denies the RERA Act 2016. Therefore, under section 89 of the RERA Act 2016, the provisions of the Registration Act 1908 are not taken into account when registering the sales contract. . 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. If you have specifically mentioned or set the deadline, i.e.

above and the other, this contact is made with the deadline set by the contract. To understand the conflict between RERA and Registration Act, it is important to understand the difference between the sale agreement and a deed of sale. 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. Therefore, the failure to register a document that must be legally registered has serious and serious consequences, since the party requesting its execution may not be able to rely on the document to prove its contents.

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