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. . With regard to the rental of capital, this is a lease agreement in which the lessor agrees to transfer the ownership rights to the taker after the conclusion of the lease period. Capital or financing leasing is long-term and not reseable. Description: In the case of a capital lease, the lessor transfers the ownership rights of the asset to the taker at the end of the lease period. The rental agreement gives a bargai to the tenant This absolute rule is subject to the exception of Section 53A of the Law on the Transfer of Ownership. Section 53A provides that the seller has no right to disturb the purchaser`s possession if the purchaser has entered into possession of the property that is the subject of the transfer, while fully acquiring its portion of the contractual obligation. It should be noted that Section 53A provides the proposed purchaser with a shield against the seller and prevents the seller from disrupting the purchaser`s property, but it does not cured the buyer`s property.
The property`s ownership remains in the hands of the seller. 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. Under these provisions, which require the payment of stamp duty on a sales contract, a sale agreement is wrongly considered a good act of sale. In 2012, the Supreme Court upheld the devaluation of the practice of selling real estate by proxy, such as: Although the RERA Act 2016 provides for a no-fruit clause in page 89 and as a result of the same RERA is applicable through the Registration Act 1908. On the other hand, it also raises another question as to whether a sale agreement creates a right, title or interest in the property? Documents brought to the nonexistence to help buyers, people began to abuse these documents to trick people that it creates titles on the property. That is why many cases had been brought before the court. It should be noted that in many cases there is a long chain of sales agreements, GPA and WILL, just to create confusion for the buyer and conceal the principal owner of the property. A sale agreement is an agreement in which the seller promises to transfer the future ownership of the property to certain conditions.
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. Remember here that both parties must respect the terms of the sale agreement. Any party that does not comply with any of the terms of the agreement could be brought to justice if the other party so wishes. All parties involved should also ensure that this document can be used as legal evidence before the court of law and that all those who have agreed to comply with the conditions are required to do so. Many sales contracts do not do inspection.