Therefore, we can say that the provisions of the RERA Act 2016 apply as a priority to the Registration Act 2016 only with respect to the sale agreement. 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. . Article 13, section 1 of the RERA Act 2016 states that “the project proponent may not accept an amount of 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 payment or a fee of application of a person without first entering into a written sales agreement with that person and registering the agreement in question under legislation in force for sale.” If the sale agreement is inconclusive, does it raise another question as to the buyer`s ability to pursue the action in violation of the sales contract? This request was met under section 18 of the RERA Act, which states that the developer must compensate the purchaser if he was unable to complete the project and return possession of the property within the time frame set out in the sale agreement or sale agreement. If the developer does not do so, he can file a complaint with the RERA Authority3 and claim damages. If he is aggrieved by the AMF`s order, he can file an appeal with the Court of Appeal for Real Estate Regulation under Sec 44 of the RERA Act 2016. However, the analysis of Section 13, paragraph 1 of the RERA Act 2016 states that a sale agreement must be registered under existing law for the time being, which means that a sale agreement is registered in accordance with the provisions of the Registration Act 1908. 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? A sale agreement is an agreement in which the seller promises to transfer the future ownership of the property to certain conditions. A sale agreement is an instrument by which the seller agrees to transfer the property to a buyer if certain conditions are required, but does not create the buyer`s property on the property. 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. 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.