07. April 2021 · Write a comment · Categories: Uncategorized

A sale agreement is an instrument by which the seller agrees to transfer the property to a buyer if certain conditions are required, but does not create the buyer`s property on the property. Real estate can be transferred through different modes, for example. B by sale, mortgage, leasing, gift, exchange, etc. Under the Property Transfer Act 1882, Section 54 states that the sale is defined as the transfer of ownership of a property for a price paid or promised or partially promised or partially promised or partially promised. 2. The agreement on the sale fades into insignificance after the execution of the sale statement. The section 49 regime provides for a derogation from the above rule, providing that an unregistered document, which relates to the property and which must otherwise be registered either by the registration law or by the TPA, can be obtained as proof of a contract in an appeal for a specified benefit or as evidence of an incidental transaction. The Supreme Court in KB Saha-Sons (P) Ltd/Development Consultant Ltd [(2008) 8 CSC 564] found that a mandatory document, if not registered, can only be considered in a court action for a given benefit as evidence of a contract performed between two parties and that this unregord document cannot be considered as proof of the content of the contract. Therefore, if a document is inadmissible as proof of non-registration, none of its provisions can be admitted as evidence. “Transactions such as “GPA sales” or “SA/GPA/WILL transfers” do not provide title and do not have a recognized or valid type of real estate transfer. The courts do not treat these transactions as transactions concluded or concluded or as promotions, as they do not give title and do not arouse interest in real estate.

These transactions cannot be relied upon or used as a basis for transfers into community or performance documents. A buyer should always be aware of the words cited by the Indian agreement as well as the deed of sale, because he tends to protect his interest. The buyer should be aware of fraudulent sellers and always check. There have been many cases where the purchaser treats the letter of award as if the principal granted the rights to the property and in the eyes of the law, even after the payment of the entire amount is not the owner of the property mentioned.

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