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. 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. . 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. To understand the conflict between RERA and Registration Act, it is important to understand the difference between the sale agreement and a deed of 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. The Uttar Pradesh Real Estate Regulatory Authority (UP-Rera) has stated that a registered sales contract is required for a buyer to seek interest in the event of a delay in the issuance of the property by a developer. The regulator on Thursday ordered the owners to follow the new sales format agreement in the registration of documents with allottees.
A sale agreement is an agreement in which the seller promises to transfer the future ownership of the property to certain conditions. Ownership of all land should be clear and marketable, and it is said that it is done as such when executing the deed of sale. However, in practice, buyers make a sales contract as a precautionary measure, although they are aware that it does not create title to a property. A deed of sale is considered an authentic instrument and also establishes a clear title to the property, since it is a document subject to the obligation, pursuant to Section 17, paragraph 1, of the Registration Act 1908. However, section 13 of the RERA Act 20161 stipulates that a sales contract must be registered. Although this is not the case with the Registration Act 1908. Therefore, the validity of the sale agreement always becomes an unresolved conflict. A team from UP Rera held a meeting with representatives of 14 builders and discussed the problems they faced in ensuring the early delivery of housing to allottees. During the meeting, representatives of the owners were also informed of the new sales agreement. Therefore, it should be concluded that the RERA Act 2016 on the Law of Registration in Power must be sold for the purposes of the agreement, because the sale agreement does not provide clear title, but can be implemented in court, in accordance with the provisions 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. By analyzing the provision, we can understand that the document listed in it is an agreement for sale.