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Is It Mandatory To Register Agreement To Sell

With the introduction of these amendments, documents containing onerous transfer contracts, all lands, including the sale agreement within the meaning of Section 53A of the Property Property Act 1882, must be registered if they were executed on or after September 24, 2001. Stamp duty, equivalent to 90% of the transport right, due to the consideration provided in the document, must be paid in this act and the remainder of the 10% of the tax must be paid at the time of completion of the document. It would be in the interest of the executors to safeguard their property rights by registering these documents. The non-registration of these instruments may render these documents inadmissible in any office or jurisdiction for the performance of an action or application as evidence. We ask the executors of such instruments to refer to Communications 56 of 24 September for further clarification. A real estate sale agreement that provides for the sale on terms agreed between the parties (sales contract or ATS) does not in itself create any interest in the property or a charge. Section 54 of the Property Transfer Act, 1882 (TPA), defines the sale as a transfer of ownership at a price and provides that the sale of land worth more than 100 INR (cent) can only be done by a registered instrument. It should be noted that section 54 does not provide for the mandatory registration of the deed of sale, that is, the instrument used for the sale of real estate, but does not require the registration of the ATS. Legal experts say that if Section 17 of the Indian Registration Act (which requires the registration of documents such as the sales contract) had been in practice in real estate, thousands of real estate buyers would not have been victims of real estate fraud and misbehaviour. [Provided that an unregord document required by that Act or the Transfer of Ownership Act of 1882 (4 of 1882) may be obtained as evidence of a contract in a lawsuit for a chapter II defined benefit, if the Specific Relief Act, 1877 (3 of 1877), or as evidence of a security transaction that is not to be carried out with the registered deed.” Therefore, it should be concluded that the RERA Act 2016 on the Law of Registration in Power must be sold for the purposes of the agreement, because the sale agreement does not provide clear title, but can be implemented in court, in accordance with the provisions of the RERA Act 2016.

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. Remember here that both parties must respect the terms of the sale agreement. Any party that does not comply with any of the terms of the agreement could be brought to justice if the other party so wishes. All parties involved should also ensure that this document can be used as legal evidence before the court of law and that all those who have agreed to comply with the conditions are required to do so.

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