This means that any agreement relating to the sale or sale of an unregistsed document is invalid and cannot be considered as valid evidence in court affecting such property. Nor does it give power over property or law. It is therefore of the utmost importance to register a sale agreement or deed of sale to conclude the transaction of sale or transfer of real estate. 3. Article 53-A has no connection with the registration of the contract of sale of the authentic instrument. The above definition makes it clear that a contract of sale contains a promise of future transfer of a property in question if certain conditions are met. This agreement itself therefore does not create any right or interest in the property for the proposed buyer. „Fixed assets may only be transferred by means of a deed of transfer (deed of sale) duly stamped and registered in accordance with the law. We therefore reiterate that fixed assets can only be transferred and transferred legally and legally by means of a registered deed of transfer. In the case of TG Ashok Kumar against Govindammal, it was found that „if all contracts of sale are forcibly registered, this will greatly contribute to the production and circulation of dirty money in real estate matters, as well as to the undervaluation of documents for stamp duty purposes. It will also discourage the growth of rural mafias and muscular men who dominate the real estate scene in different parts of the country. [1] Notary certified sales contracts are not enforceable in court in the event of a dispute in the future. A notarized agreement has the stamp (signed before me), seal and mark of a notary on the last page of the treaty.
To create a purchase and sale contract, first identify the buyer and seller by name and attach a description of the property for sale. Also, make sure that you explain what closing costs, such as loans or fees, are paid by the buyer and what fees are paid by the seller. Under the Transfer of Ownership Act, a contract of sale, with or without ownership, is not a transfer. Section 54 of the Transfer of Ownership Act provides that the sale of immovable property may be made only by a registered instrument and that a contract of sale does not generate interest or charges for its property. And what will happen if the seller refuses to execute the deed of sale after the registration of the sales contract, i.e. „BYANA“ with the notary, do I lose all the money and land? Section 49 of the Registration Act 1908 deals with the effect and validity of an unregreg registered document to be registered.