Validity Of Unregistered Sale Agreement In Tamilnadu

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. Section 49 of the Registration Act 1908 deals with the effect and validity of an unregured document to be recorded. It states that the subordination to section 49 provides for a departure from the above rule, providing that an unregistered document, which affects the property and which must otherwise be registered either by the registration law or by the TPA, may be concluded as proof of a contract in a lawsuit for a specified benefit or as proof of a guarantee. Transaction. The Supreme Court in KB Saha-Sons (P) Ltd/Development Consultant Ltd [(2008) 8 CSC 564] found that a mandatory document, if not registered, can only be considered in a court action for a given benefit as evidence of a contract performed between two parties and that this unregord document cannot be considered as proof of the content of the contract. Therefore, if a document is inadmissible as proof of non-registration, none of its provisions can be admitted as evidence. Under the provision of Section 53A, the purchaser is entitled to object to any attempt by the cedant to disturb the purchaser`s legitimate property under the sale agreement, and his position as plaintiff or defendant should not make any difference. The purchaser can only use the shield as a defendant and not as a complainant, he would overcome the spirit of section 53A himself, for it will be possible for an overpowered expropriating the purchaser, even against the parties to the contract, and forcing him to be tried as a plaintiff. 1. I hope that you have already registered your balance of sale, if these conditions are met, the buyer acquires the overall right of the property, even without reservation of contract or ownership, and the seller cannot claim any rights other than the rights expressly mentioned in the contract.

You must check your seller`s data and confirm if there has been a sales contract between him and the buyer. A real estate sale agreement that provides for the sale on terms agreed between the parties (sales contract or ATS) does not in itself create any interest in the property or a charge. Section 54 of the Property Transfer Act, 1882 (TPA), defines the sale as a transfer of ownership at a price and provides that the sale of land worth more than 100 INR (cent) can only be done by a registered instrument. It should be noted that section 54 does not provide for the mandatory registration of the deed of sale, that is, the instrument used for the sale of real estate, but does not require the registration of the ATS.