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12.07.20 | Effect Of Unregistered Agreement To Sell

2. These unregistered documents may, however, be used as collateral evidence, as provided for in Section 49 of the Registration Act. A sales contract is a legal document that constitutes the conditions under which the sale of the property is made by the seller to the buyer. It also contains details of the consideration for which the property is sold. The agreement sets out all the essential conditions and a timetable for future payments that the buyer must make to the property. It is the most important document because it facilitates the entire flow and process of selling and transferring ownership. … In addition, claims that the petitioners reimburse Rs. 1 lake as serious money. Qualified lawyer for the petitioners further claims that, because the alleged agreement for sale is not registered enk…. Hon`ble Alok Singh, J.Learned lawyer for the petitioners says that the execution of the sale agreement is not refused, so no… Sections 467, 468 and 506 P.I.C are identified; He also argues that complainant No.

3 does not assert that he is and is prepared to enforce the deed of sale… In the absence of contrary legislation, an ATS has not been registered in accordance with industry practice with respect to real estate exported both between individuals and between developers and Allottees. As the law did not provide for registration, ATS was also not exposed to the consequences of section 49 of the Registration Act. Therefore, the courts and especially consumers for has, used to make these unregistered ATS effective. 7. Before we separate for the sake of completeness, we find that the sale agreement is an unregistered document and it may raise the question of whether the unregistered document is admissible as evidence in a court action for a defined benefit, given the provision of section 17, paragraph 1, point a), of the 1908 Registration Act. We draw attention to the fact that an unregant sales agreement is not intended to seek benefits from the partial benefit u/s. 53A of the Transfer of Ownership Act, 1882 for the amendment of Section 53A by Act 48 of 2001 effective to 24.09.2001, however, an unregistered sales contract may still provide a basis for an action for a defined benefit under section 49 of the Registration Act. In the case of S. Kadevi V. V.

R. Somasundaram 2013 (4) MPHT, particularly in paragraphs 11, 12 and 16 of the above decision, the Supreme Court of Hon`ble ruled – an ATS also does not require mandatory registration under Section 17 of the Registration Act, 1908 (Registration Act). This can be inferred from the fact that the list of instruments requiring mandatory registration under Section 17 does not contain ATS. In all cases, paragraph 17, paragraph 2, excludes certain documents, including an ATS, from the applicability of sections 17(1) a) and 17 (1) b). An ATS is excluded as a document class in accordance with section 17(2) (v).