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“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 cases where you have purchased and taken possession of real estate under a contract of sale, title to the property remains in the hands of the developer, unless a certificate of sale has been executed a posteriori and registered under the Indian Registration Act. Thus, it is clear that a title to immovable property can only be transferred by a deed of sale. In the absence of a duly stamped and registered deed of sale, the buyer of the property does not have the right, title or interest in a property. The parties to the contract execute a deed of sale of immovable property when all the conditions set out in the contract of sale are met. The deed of sale is a legal document confirming the transfer of ownership from the seller to the buyer. According to the Indian Registration Act of 1908, the sale of real estate worth more than a hundred rupees requires registration. Therefore, if a buyer buys a good under a purchase contract, but does not follow it with the execution of a deed of sale, he/she is not entitled to the property. In contrast, a sales contract is an enforceable contract. The possibility of future transmission is mentioned. The risks, in the case of a purchase agreement, remain in the hands of the seller until the execution of the deed of sale. In addition to the limited right granted to buyers under section 53A, any sale that does not comply with the provisions of paragraphs 54 and 55 of the “Transfer of Ownership Act” does not transfer title and does not transfer shares in the property to the buyer.
In each process of selling and buying real estate, we start the transaction with a sale agreement that can also be called a memorandum for sale. It is a document that includes the conditions agreed and decided between the parties and is mandatory for the parties concerned as soon as the change of currency has taken place. It always precedes the execution of a certificate of sale and is registered in some countries in India .B. Maharashtra. It is therefore a promise to complete the entire transaction as stated in the sale agreement and has legal untouchability. The sale of a property allows an immediate transfer of ownership. A certificate of sale facilitates transmission. The act refers to a contract concluded. In the event of the seller`s failure to sell or hand over the property to the buyer, the buyer obtains a right to certain services in accordance with the provisions of the Specific Relief Act 1963. A similar right is available to the seller under the contract to obtain a specific service from the buyer. This absolute rule is subject to the exception provided for in Section 53A of the Transfer of Ownership Act. Section 53A provides that the seller has no right to disturb the ownership thus granted to the buyer, which is the subject of the transfer, while fully aerating to its part of the obligation of the contract.
It should be noted that Article 53A offers the proposed buyer protection against the contemptuous and pours out the contemptuous of the buyer`s troublesome property, but it does not heal the buyer`s ownership of the property. Ownership of the property remains in the hands of the seller. The contract of sale and the deed of sale are two of these important documents. The distinction between these two documents is not known to all and are both considered synonymous. Signing a sales contract becomes important given several factors. First, it is legal proof of the conclusion of an agreement between the buyer and the seller on the basis of which, in the event of a dispute, the future action will be decided. Even if you apply for a home loan, the bank would not accept your application until you sign a sales contract. . .