On 31 October 2020, a 40-year-old man was arrested by Noida police for deceiving a bank of 2 Crores by forging debt and using loans. On the same day, the judge of the main meetings of Madurai, G Ilangovan, granted two sub-registries arrested by the Sanddigul Criminal Police Office, an early bail, on charges of recording documents without prior verification. According to the police, they registered the deed of sale without checking the certificate of charge, as well as the original documents, parental documents, death certificate, etc. „The amount paid as stamp duty for the registration of the purchase agreement is adjustable. This provision will work in favour of home buyers, as the general conditions are binding on the developer,“ explains Manoj Gaur. In addition, an ATS does not require mandatory registration under Section 17 of the Registration Act, 1908 (Registration Act) as well. This can be inferred from the fact that the list of instruments requiring mandatory registration under Section 17 does not contain ATS. In all cases, paragraph 17, paragraph 2, excludes certain documents, including an ATS, from the applicability of sections 17(1) a) and 17 (1) b). An ATS is excluded as a document class in accordance with section 17(2) (v). In addition, the explanatory note in Section 17 also states that a document that establishes or commissions a contract for the sale of real estate is not considered to have a registration obligation or is never required. A sale agreement does not require mandatory registration under the 1908 Registration Act, as is apparent from: b) because of his company`s commitment as a real estate developer to suspend or revoke registration under this Act or for any other reason, it is liable, upon request, to the Allottees if the Allottee wishes to withdraw from the project.
, without prejudice to other remedies available to return the amount he received for this dwelling, this land, the building, with interest that are required in this name, including compensation in the manner provided by this Act: Section 49 of the Registration Act provides that the documents that must be registered be in accordance with Section 17 , either under the DT ACCORD, unless they are registered i. concern all the land it contains; or laws relating to the registration of real estate transactions in India. If the project does not start now, the risk to the buyer will be minimized, as he can stop the project and continue after having to give up the 10 percent and registration fee. Therefore, the failure to register a document that must be legally registered has serious and serious consequences, since the party requesting its execution may not be able to rely on the document to prove its contents. The procedure may therefore deprive the part of the explicit application of the contract. In the future, a sale agreement is to be promised that the property will be transferred to the rightful owner, while the value of the sale is the actual transfer of the buyer`s property. As a result, an unregistered letter of award is treated as a binding contract between the home purchaser and the owner. Moreover, the provisions of the MOFA have not been repealed and must therefore be read with the provisions of RERA, if these provisions are not in contradiction with RERA. 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.