Applying the provisions of section 88 of the RERA Act 2016, we can see, by analyzing the provisions of the two Decrees, that Sec 17 (2) (v) of the Registration Act 1908 denies the RERA Act 2016. In accordance with section 89 of the RERA Act 2016, the provisions of the Registration Act 1908 are therefore not taken into account for the purposes of registering the sales agreement. . This question arises because the registration of documents is usually carried out in order to guarantee the buyer a clear right and ownership over the property. A sales agreement as such does not clearly determine the ownership of the property. In Durgawati Devi v Union of India2, the Supreme Court ruled that the performance of the contract of sale does not transfer ownership/title to the property and ownership/ownership is only transferred by a transfer instrument. If the sales contract is unfounded, another question arises as to whether the buyer can remedy it in the event of a breach of the sales agreement. This received a response under Article 18 of the RERA Act, which states that the developer must compensate the buyer if he was unable to complete the project and hand over the property within the deadlines set in the sale or purchase agreement. If the developer does not do so, they can file a complaint with the RERA Authority3 and claim compensation. If it is breached by the Authority`s order, it may appeal to the Real Estate Regulatory Appellate Tribunal, in accordance with section 44 of the RERA Act 2016. In addition, an ATS does not require mandatory registration in accordance with section 17 of the Registration Act, 1908 (Registration Act). This can be inferred from the fact that the list of instruments subject to registration in accordance with Article 17 does not contain an ATS. In any event, Article 17(2) excludes certain documents, including an ATS, from the applicability of Article 17(1)(a) and Article 17(1)(b).
An ATS is excluded as a class of documents pursuant to Article 17(2) v. In addition, the Explanatory Note to Section 17 also provides that a document that is provided or used to conclude a contract for the sale of immovable property is not considered to be subject to registration or has never been necessary. It must therefore be concluded that the RERA Act 2016 classified the Registration Act for the purposes of the sale agreement, given that the sale agreement does not contain a clear title, but can be applied in court in accordance with the provisions of the RERA Act 2016. A contract for the sale of real estate, which provides that the sale takes place under the conditions agreed between the parties (agreement for the sale or ATS), does not in itself create any interest in the property or burden it. Section 54 of the Transfer of Property Act, 1882 (TPA) defines a sale as a transfer of ownership at a price and provides that, in the case of real estate with a value greater than 100 (cent), the sale may only be made through a registered instrument. . . .