The sales contract must be registered with the sub-registry after being signed by both the Allottee and the organizer. Therefore, we can say that the provisions of the RERA Act 2016 apply as a priority to the Registration Act 2016 only with respect to the sale agreement. 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. 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. A sale agreement is an agreement in which the seller promises to transfer the future ownership of the property to certain conditions.
If the sale agreement is inconclusive, does it raise another question as to the buyer`s ability to pursue the action in violation of the sales contract? This request was met under section 18 of the RERA Act, which states that the developer must compensate the purchaser if he was unable to complete the project and return possession of the property within the time frame set out in the sale agreement or sale agreement. If the developer does not do so, he can file a complaint with the RERA Authority3 and claim damages. If he is aggrieved by the AMF`s order, he can file an appeal with the Court of Appeal for Real Estate Regulation under Sec 44 of the RERA Act 2016. The agreement should cover the modalities of gradual development or mixed development, since the proponent may have given assurances that it will provide specific facilities and equipment that can be common to all phases and that can be integrated at the end of the overall development. Although the RERA Act of 2016 provides for a non-fruit clause in Section 89 and applies as a result of the same RERA 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? “After receiving the Certificate of Completion/Certificate of Occupancy/Final Letter of Authorization, the proponent proposes in writing to the competent authority the possession of the dwelling or the seal within the meaning of this agreement, which must be concluded within two months of the date of issuance of the certificate of completion/certificate of occupancy/the final letter of design authorization,” the document states. “We have requested an unsealed version of a notified agreement for sale in accordance with the standard agreement notified by the government. It is a farewell to unilateral and biased sales agreements. This will certainly make developers more accountable,” MS Shankar, secretary general of the People`s Collective Efforts Forum, told Moneycontrol. 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. . Even in the case of a project, the date set out in the agreement is delayed, except for reasons of force majeure, the owners cannot seek to increase prices.
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