Agreement To Sell As Per Rera

Agreement To Sell As Per Rera

In accordance with Section 54 of the Transfer of Ownership Act of 1882, the transfer of ownership of physical real estate worth one hundred rupees or more can only be done by a registered instrument. This means that the registration of the sales certificate is mandatory. However, since there is no “transfer of ownership” through a sale agreement, it is not required to register it under the Transfer of Ownership Act of 1882. The Notice of the Regulation – Development Act 2016 implicitly amended Section 17 of the Registration Act, 1908 and Section 54 of the Property Transfer Act, 1882. Any developer who wishes to promote, market, reserve or sell a property must register the project in accordance with Section 3 of the Act. This provision applies not only to future projects, but also to ongoing projects for which construction began before May 1, 2017. But in this case too, the buyer should encourage the developer to register the purchase agreement. The objective is to ensure that the proponents of the project, when acted on the basis of an unregistered sale agreement, are not in a position to charge the defence so that unregistered sales contracts cannot be relied upon for the purpose of obtaining evidence pursuant to Section 49 of the Registration Act 1908. While this section deals only with the non-registration of documents requiring mandatory registration under Section 17 (1) of the same act, it can be argued that the purpose of registering an instrument is the mandatory possibility of imposing a penalty for non-registration, which in this case would be the one prescribed in section 49 of the act. In order to prevent pollsters from adopting this view and to prevent the application of the rights conferred by the unregord sales contract, the purchaser should register the purchase document. 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. A sales agreement does not require mandatory registration under the 1908 Registration Act, such as: To understand the conflict between RERA and Registration Act, it is important to understand the difference between the sales agreement and a sales party. In light of the above, it should also be noted that the Maharashtra Real Estate Appellate Tribunal of Naim Kamruddin Shaikh vs. JVPD properties Pvt Ltd has decided that a registered agreement is not mandatory for obtaining corrective measures under the Real Estate Act in 2016. The Authority rejected the argument that the term “in accordance with the terms of the sale agreement” of Section 18 and Section 19 of the Act makes the existence of a formally registered sales agreement as a precondition for the exercise of remedies under these sections.


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