2) Contact the seller and ask him to sign a confirmation certificate The deed of sale signed by the grandfather must be registered during his lifetime. You cannot now sign the registration documents on his behalf. Now, said registration can only be possible when the said property has been legally transferred to the legal heir and he registers it. 1) The registration of the deed of sale must be done with a maximum period of 8 months What the purchase contract creates is a right for the buyer to buy the property in question under certain conditions. Likewise, the seller receives the right to receive the consideration from the buyer in accordance with its part of the General Conditions. The Court held that section 17(1A) simply states that such an unregistered contract cannot be enforced for the purposes of section 53(A) of the Transfer of Ownership Act 1882. Subsection 17(1A) of the Registration Act, 1908 does not prohibit, either by certain words or intentionally, the filing of an action for particular performance on the basis of an unregistered contract of sale that records the delivery of the property or is made to a person to whom possession is provided and the reservations under section 49 of the Indian Registration Act. In 1908, all the arguments to the contrary began. The court held that (a) a specific performance action based on an unregistered contract/sales contract containing a clause that records the partial performance of the contract by delivery of possession or that has been performed with a person already in possession cannot be dismissed for failure to register the contract/agreement; (b) the reservation in section 49 of the Registration Act legitimizes such a contract to the extent that, even if it is not registered, it forms the basis of an action for a certain performance and may be invoked as evidence of the agreement or partial performance of a contract as evidence.
[8] As mentioned above, a sale agreement, if the seller of the property agrees and promises to transfer the right, title, interest and ownership to the buyer in the future with certain conditions. The limited issue of the decision before the Supreme Court was whether the action agreement, on the basis of which the facilitation of a particular service was claimed, could be obtained as evidence, since it is not a registered document. Another fact is that, while the action agreement was concluded on 9 July 2003, section 17(1A) of the Registration Act 1908, which requires the registration of a contract of sale, entered into force on 24 September 2001. You create a contract called a sales contract. All these things are the most important essential elements that the object must be legal, the consideration must be included and the conditions must be fulfilled in the future. On the other hand, section 49 of the Registration Act 1908 deals with the consequences of non-registration of documents that must be registered, which states: “No document required under section 17 [or under a provision of the Transfer of Ownership Act 1882] to be registered if a document or decree issued does not fall within the scope of the is subject to registration, the Registrar may submit this document for registration within four months, the fine not exceeding ten times the filing fee. (p. 25). The application shall be addressed to the Deputy Registrar, who shall forward it to the Clerk to whom he shall report.
If a document has been issued by either party outside India for registration after the specified deadline, this document must be presented to the registration agent for registration within four months of arrival in India. (iii) by the authorized representative of such a person, who has a duly authorized power of attorney before the competent authority in accordance with the law. From a simple reading of article 32, it is understandable that both parties to a deed of sale do not have to be present before the authority concerned in accordance with the law. And since the act of transfer did not fall within the exceptions set out in article 32, the Supreme Court ruled on the case without interfering with the Supreme Court`s decision, clarifying that article 32 does not require the presence of both parties to a deed of sale when it is handed over to the relevant authority for registration under the law. In accordance with article 23 of this Act, no document other than a testamentary document shall be admitted for registration unless it is submitted within four months of the date of their execution. If the document is issued by several persons at different times, this document must be submitted for registration and re-registration within four months of the date of each execution (§ 24). In the absence of a provision to the contrary in the law, an ATS relating to real estate carried out both between individuals and between developers and allies was not registered in accordance with industry practice. Since the law did not require registration, ATS was not faced with the consequences prescribed by article 49 of the Registration Act. Therefore, courts and consumer forums in particular have implemented such unregistered ATS. However, if he refuses to register – an action for concrete compensation for services – it is prescribed. A sale agreement is an agreement to sell a property in the future.
This agreement defines the conditions under which the property in question is transferred. The Transfer of Ownership Act of 1882, which regulates matters related to the sale and transfer of home ownership, defines the purchase contract or a purchase contract as follows: In accordance with section 32 of this Act, all documents to be registered under this Act shall be submitted to the competent registration authority by: Anyone who presents a document must affix their photo ID and fingerprints to the document, provided that this document is related to the transfer of ownership of real estate. The photos and fingerprints of the buyer and seller of the property must be mentioned in the document. In the absence of such a provision, there is uncertainty as to the validity and application of these unregistered ATS, which are now required by law to be compulsorily registered. Parliament must respond to the above ambiguity by means of an appropriate amendment to the law. Alternatively, the governments of the respective states could deal with the issue properly. In the absence of a law, promoters have the right to defend themselves in accordance with Article 49 of the Registration Act if they take action on the basis of an unregistered ATS against the fact that the content of such an ATS cannot be read for evidentiary purposes. Strictly speaking, article 49 deals only with the non-registration of documents.
which must be registered either in accordance with Article 17 of the Registration Act or in accordance with the TPA. Section 13 of the Act is not expressly included in section 49. However, it can be argued that the purpose of mandatory registration of a document is to prescribe a consequence for its non-registration and that, in this context, the consequence of non-registration under section 13 of the Act will be the consequences set out in section 49 of the Registration Act. As a result, when confronted with The Assignees for infringement, developers may take a position that the Allottees cannot rely on such a document (UNREGISTERED ATS) and request its application for failure to register. In the absence of a provision in the law, it may be difficult to legally rebut such a defence. Failure to register this deed of sale means that you do not have a clear market value on your property. [Provided that an unregistered document for immovable property required under this Act or the Transfer of Ownership Act 1882 (4 of 1882) can be obtained as evidence of a contract in an application for a specific benefit under Chapter II if the Specific Reparations Act 1877 (3 of 1877) can be obtained as evidence of a title transaction, which does not have to be carried out by means of a registered instrument. ».