In cases where you have acquired and taken possession of a property under a sale agreement, the title to the land will still remain with the developer, unless a sales record has been subsequently executed and registered under the Indian Registration Act. Thus, it is clear that a security in a property can only be transferred by a deed of sale. In the absence of a deed of sale duly stamped and registered, no right, property or interest for a property, the buyer of the property. 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. A purchase agreement is an agreement to sell a property in the future. This agreement sets out the conditions under which the property in question is transferred. The Transfer of Ownership Act of 1882, which governs the purchase and transfer of real estate, defines the sale contract or a sales contract as under: This absolute rule is subject to the exception of Section 53A of the Transfer of Ownership Act. Section 53A provides that when the purchaser has entered possession of the property, the purpose of the transfer is the property. , while fully complying with its share of the contractual obligation, the seller is not allowed to disturb the possession thus granted to the buyer. 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. A sale immediately indicates the transfer of the property. This is done by a deed of sale, while a sales agreement indicates a future transfer. The risks associated with the sale are transferred immediately, while they remain with the seller in the event of a sale agreement. A sale is a contract executed, while the sale agreement is a will contract. A sale agreement can generally be defined as an agreement listing the terms of a possible sales contract, as well as the counterparties and payment details offered. When selling the property, this is one of the important documents, because the deed of sale is based on it. It allows the sales process smoothly by explaining step by step. This helps to improve understanding between the parties and their specific roles in sales. Under the Indian Registration Act of 1908, any interest transfer agreement must be registered on property worth more than 100 rupees.
Therefore, if you purchased a property for sale as part of an agreement without a good state of sale, you will not receive any right or interest in the property that would be transferred under the sale contract.