The deed of sale is the most important legal document by which a seller transfers his right of ownership to the buyer who then acquires absolute ownership of the property. Section 13 of the Act prohibits a developer from accepting by a buyer an amount greater than 10% of the cost of the property without performing an ATS and without registering such an ATS. Article 13 does not, however, specify under which law – i.e. the Registration Act, the TPA or the Law itself – is subject to such registration. It appears that Article 13, in the absence of an express provision, amends Articles 54 TPA and 17 of the Registration Act, which do not provide for the compulsory registration of ATS. But if we analyze Sec 13(1) of the RERA Act 2016, which states that a sale agreement must be registered in accordance with applicable law, it means that a sales agreement will be registered in accordance with the provisions of the Registration Act 1908. The contract of sale may, or may not, lead to an actual sale of the property in question. Some stamp duty laws, such as the Maharashtra Stamp Act, provide for an agreement to sell real estate as an appropriate deed of transfer and are therefore subject to the same stamp duty as that applicable to the deed of transfer or deed of sale of real estate. Under these provisions, which require payment of stamp duty on a contract of sale, persons wrongly perceive a contract of sale as a deed of sale in due form. The Full Bench, composed of 5 Hon`ble judges, held in the case of Bhagwan Singh and Anr. v. Khuda Bakhsh and Anr. 1881 (III) ILR 397 that it is not possible to maintain an appeal for the introduction of a decree ordering the registration of documents without recourse to the provisions of section 73 of the Registration Act.
It is expressly established by Full Bench that the postponement of the application under section 73 of the Registration Act is a condition precedent for the commencement of such an action. Laws related to the registration of real estate transactions in India. Remember here that both parties must comply with the conditions set out in the sales contract. Any party that fails to comply with any of the conditions set out in the agreement may be brought before the courts if the other party so wishes. All parties concerned should also ensure that this document can be invoked as legal evidence before the courts of the law and that all those who have agreed to comply with the conditions are legally bound by it. Can a power of attorney sign a sales agreement? To understand the conflict between RERA and Registration Act, it is important to understand the difference between the sales agreement and a deed of sale.. . .