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. Real estate laws and numerous Supreme Court rulings have required the registration of the sales contract, namely, the contractor-buyer agreement, but some developers have managed to find loopholes in the legal provisions and home buyers operated throughout the NCR. This absolute rule is subject to the exception of Section 53A of the Transfer of Ownership Act. Section 53A provides that the seller has no right to disturb the purchaser`s possession if the purchaser has entered into possession of the property that is the subject of the transfer, while fully acquiring its portion of the contractual obligation. It should be noted that Section 53A provides the proposed purchaser with a shield against the seller and prevents the seller from disrupting the purchaser`s property, but it does not cured the buyer`s property. The property`s ownership remains in the hands of the seller. A purchase agreement is an agreement to sell a property in the future. This agreement sets out the conditions under which the property in question is transferred. If an unregant sale agreement, which accompanies the surrender of the property for the benefit of a possessed person, can be presented as proof of the agreement and if an appeal for a given benefit would be based on an unregant sale agreement: 1) there is no damage when an agreement is registered for sale. Or despite the legal provisions, many buyers complain that even if they want to register their sales contract, most developers are not interested. In such a situation, legal experts say, national governments should take strict measures, as they must also lose revenue.
This question arises because the registration of documents is usually made to guarantee a clear right and ownership of the property to the buyer. A sale agreement as such does not constitute a clear property of the property. In the case of Durgawati Devi/Union of India2, the Supreme Court ruled that the execution of the sale contract did not entrust ownership of the property and that the property would be transferred only by transportation authorization. Therefore, we can say that the provisions of the RERA Act 2016 apply as a priority to the Registration Act 2016 only with respect to the sale agreement.