The Supreme Court of India in 2012, in the case of Suraj Lamp – Industries (P) Ltd (2) v. State of Haryana, while considering the validity of the sale of real estate by proxy, stated: “Locked-in property can only be transferred by a transport file (deed of sale), duly stamped and registered, as required by law. We therefore assert that goods can only be transferred/transported legally and legally through a registered transport obligation. In fact, the deed of sale mainly mentions the transfer of ownership and rights. Therefore, the other terms of sale mentioned in the sales agreement are also mentioned. Therefore, the sales number can be written briefly. Signing a purchase agreement becomes important given several factors. First, it is legal proof that the buyer and seller enter into an agreement on the basis of which the future approach will be decided in the event of a dispute. Also, if you apply for a home loan, the bank would not accept your application until you sign a sales contract. 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. By analyzing the provision, we can understand that the document listed in it is an agreement for sale. Moreover, the fact that the agreement on the sale as such falls within the category of Article 17, paragraph 2, of the Registration Act as a non-binding document. The verdict read: “If all sales contracts are forcibly registered, this will lead to a long way to discourage the production and circulation of dirty money in real estate and to undervalue documents for stamp duty purposes. It will also discourage the growth of the country mafias and muscular men who dominate the real estate scene in different parts of the country. 2) You can mention in the regd sales contract the period, in which the balance must be paid and the deed of sale of regd the legal experts say that Section 17 of the Indian Registration Act (which is mandatory the registration of documents such as the sales contract) in practice in real estate, thousands of buyers of real estate would not have been the victim of real estate fraud and bad conduct. 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. The sale contract may or may not lead to an effective sale of the property in question. Some stamp tax laws, such as the Maharashtra Stamp Act, consider that an agreement to sell a property on the same basis as a proper transport record, as well as a proper transport record, are subject to the same stamp duty as the one in force for the proper sale of a property.