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. 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. Therefore, it should be concluded that the RERA Act 2016 on the Law of Registration in Power must be sold for the purposes of the agreement, because the sale agreement does not provide clear title, but can be implemented in court, in accordance with the provisions of the RERA Act 2016. Although the RERA Act of 2016 provides for a non-fruit clause in Section 89 and applies as a result of the same RERA through the Registration Act 1908. On the other hand, it also raises another question as to whether a sale agreement creates a right, title or interest in the property? Applying the provisions of Section 88 of the RERA Act 2016, we can verify, in the analysis of the provisions of both provisions, that section 17, paragraph 2(v) of the Registration Act 1908 denies the RERA Act 2016.
Therefore, under section 89 of the RERA Act 2016, the provisions of the Registration Act 1908 are not taken into account when registering the sales contract. . Article 13, section 1 of the RERA Act 2016 states that “the project proponent may not accept an amount of 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 payment or a fee of application of a person without first entering into a written sales agreement with that person and registering the agreement in question under legislation in force for sale.” 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. By analyzing the provision, we can understand that the document listed in it is an agreement for sale. Moreover, the fact that the agreement on the sale as such falls within the category of Article 17, paragraph 2, of the Registration Act as a non-binding document. However, the analysis of Section 13, paragraph 1 of the RERA Act 2016 states that a sale agreement must be registered under existing law for the time being, which means that a sale agreement is registered in accordance with the provisions of the Registration Act 1908. 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.