Section 13 of the Act prohibits a developer from accepting by a buyer an amount greater than 10% of the cost of the property without performing an ATS and without registering such an ATS. Article 13 does not, however, specify under which law – i.e. the Registration Act, the TPA or the Law itself – is subject to such registration. It appears that Article 13, in the absence of an express provision, amends Articles 54 TPA and 17 of the Registration Act, which do not provide for the compulsory registration of ATS. A contract of sale is a promise in the future that the property will be transferred to the rightful owner, while the deed of sale is the actual transfer of ownership to the buyer. 1. The sales contract shall not be subject to registration. However, the deed of sale requires mandatory registration. Sir since the correct stamp duty, if, after the decision paid in 2018, there will be no problem, because the title is clear. See the order of the authority and further the document can only be registered within 4 months of signing, so that only the fee is paid, is not registered, therefore sbi refused better if first owner of an available confirmation certificate can be signed, otherwise there will be no problem as such. You can continue since the stamp duty is paid for the first agreement.
In the absence of such a provision, there is uncertainty as to the validity and application of these unregistered ATS, which are now legally required to be compulsorily registered. Parliament must respond to this ambiguity with an appropriate amendment to the law. In the absence of a law, developers have the right to defend themselves if they act on the basis of an unregistered ATS, that the content of such an ATS cannot be read for evidential purposes in accordance with Article 49 of the Registration Act. In strict terms, Article 49 deals only with the non-registration of documents that must be registered either in accordance with Article 17 of the Registration Act or in the TPA. Section 13 of the Act is not explicitly stated in section 49. However, it is argued that the purpose of the compulsory registration of a document is to impose a consequence for its refusal to register and that, in this context, the consequence of the non-registration provided for in Article 13 of the Law will be that provided for in Article 49 of the Registration Act. when the allottes are confronted for infringement, that the Allottees can not rely on such a document (ATS not registered) and request its application for lack of registration. In the absence of a provision in the law, it may be difficult to legally refute such a defence. . The Transfer of Ownership Act of 1881 has been amended, with the result that no objection to the provision of goods underpers performance is to maintenance if the sale agreement – i. is not open to the buyer`s agreement to set up a defence under section 53-A of the Transfer of Ownership Act (TPA). Indian Stamp Act, which predicted that 90% of stamp duty had to be paid with respect to the sale agreement, holding ownership.
. Harminder Singh Saran, to which the applicant is not a party and therefore cannot draw adverse conclusions on the basis of that report in her case; (ix) on the basis of a document from i. is visible on the first page of the sales agreement. He had drawn our attention to the last paragraph of the agreement, which mentions that the second party has given its consent. The sales agreement is not registered, the same is synonymous with zero & nullity….