1. Well, when registering the sales contract, the physical presence of both parties is necessary. So I don`t know how he could have done that. In the absence of a legal provision to the contrary, an ATS has not been registered in accordance with the practice of the sector, with regard to real estate realized both between individuals and between developers and allottes. As the law does not require registration, ATSs was also not confronted with the consequences imposed by Article 49 of the Registration Act. As a result, the courts, and in particular consumers, have made these unregistered ATS effective. If these conditions are met, the buyer acquires the entire right to the property, even without registration of the contract or deed, and the seller may not assert any rights other than those expressly mentioned in the contract. 1) Ask the client to present a draft contract that you must sign For the registration of the deed of sale or the contract of sale, you must be physically present at the registry office, otherwise it can be considered an act of change of identity and considered invalid and illegal. A sales contract is a legal document that represents the conditions under which the sale of the property is made from the seller to the buyer. It also contains details of the consideration for which the property is sold. The agreement completes all the essential conditions and a schedule 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 real estate.
A contract for the sale of real estate, which provides that the sale takes place under the conditions agreed between the parties (agreement for the sale or ATS), does not in itself create any interest in the property or burden it. Section 54 of the Transfer of Property Act, 1882 (TPA) defines a sale as a transfer of ownership at a price and provides that, in the case of real estate with a value greater than 100 (cent), the sale may only be made through a registered instrument. It should be noted that, although section 54 provides for the mandatory registration of the instrument of sale, i.e. the instrument for the sale of immovable property, it does not require registration of the ATS. India and its metropolises are a booming real estate market. Anyone with a decent return wants to invest in an asset that ensures high returns. In general, the most important and important document with regard to the property is the contract of sale. Such a contract of sale must be registered at a particular seat of the city. Today we will discuss the validity of an unregistered sales contract and whether it is considered a valid document without registration.
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