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In accordance with the Indian Registration Act of 1908, any agreement relating to the transfer of shares in immovable property with a value of more than one hundred rupees must be registered. Therefore, if you have purchased real estate as part of a purchase agreement without a correct deed of sale following, you will not get any right or interest in the property that would be transferred as part of the purchase agreement. In the absence of such a provision, there is uncertainty as to the validity and application of these unregistered ATS, which are now legally required to be compulsorily registered. Parliament must respond to this ambiguity with an appropriate amendment to the law. In the absence of a law, developers have the right to defend themselves if they object, on the basis of an unregistered ATS, to the content of such an ATS not being read for evidential purposes, in accordance with Article 49 of the Registration Act. Strictly speaking, Article 49 deals only with the non-registration of documents. which must be registered compulsorily under Article 17 of the Registration Act or the TPA. Section 13 of the Act is not explicitly stated in section 49. It can be argued, however, that the purpose behind the mandatory registration of a document is to impose a consequence on its refusal to register and that, in this context, the consequence of the non-registration provided for in article 13 of the Act will be that provided for in article 49 of the Registration Act.
As a result, developers can take a stand when faced with infringement allottes, that Allottees cannot rely on such a document (UNREGISTED ATS) and request its application due to lack of registration. In the absence of a provision in the law, it may be difficult to legally refute such a defence. The buyer had the right to register the property by declaration (if the seller was not available, on the Save Document page) or a concession (if the seller is available, both parties were present). But w. e. f. 22/12/2011, the deparment registar had the registration of such a declaration or attribution by its communication Ref No. . .