Section 13, paragraph 1 of the RERA Act 2016 states that “the project proponent may not accept more than 10% of the cost of the dwelling, land or building, as it may amount in this case in the form of an advance or a person`s application fee without first entering into a written sales agreement with that person and registering the agreement for sale under current legislation.” A sale agreement is an agreement in which the seller promises to transfer the future ownership of the property to certain conditions. To answer this question, we must understand that real estate transactions in India are governed by the following regulations: It is therefore appropriate to conclude that the RERA Act 2016 Over-Rule Registration Act must be sold for the purposes of the agreement, because the sale agreement does not offer clear title, but it can be implemented in court in accordance with the provisions of RERA Act 2016. 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. 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 inclusion of this provision was a reason and the reason for this was that there were certain documents that did not make a major difference in terms of the law, title or interest in real estate, whether registered or not.
These documents were therefore included in the category covered in paragraph 17(2) because they were not mandatory. 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. 2. Order filed on October 4, 2019 according to SLP (C) 3479/2016 This question arises because the registration of documents is generally carried out to guarantee a clear right and ownership of the property to the buyer.