8) If the buyer refuses to accept the termination of the registered sales contract, you can sue for a special benefit with the direct buyer in order to pay the balance 3. Buyer A cannot be prevented from going to court, but if he files a lawsuit for certain services, he will have to prove that he was ready and willing to respect the agreement, but the seller has been withdrawn. 1) An unreged sale agreement cannot be admitted as evidence, as sections 17, 49 and 53A of the transfer of a heritage deed come into play and the courts cannot admit the document as evidence. It is concluded that, on the basis of the above Hon`ble Courts, the unregord sale agreement was legitimized, since it could be admissible in a lawsuit for a defined benefit and be admissible in the evidence relating to Section 49 of the Registration Act. The non-registered sale agreement can form the basis of the legal action of a defined benefit and serve as evidence of the contractual agreement or partial performance of a contract. Section 53A should normally be used as a defence and not as a weapon when a defendant has the right to protect his property from the bearer or from his heir or his legal representative. In addition, an ATS does not require mandatory registration under Section 17 of the Registration Act, 1908 (Registration Act) as well. This can be inferred from the fact that the list of instruments requiring mandatory registration under Section 17 does not contain ATS. In all cases, paragraph 17, paragraph 2, excludes certain documents, including an ATS, from the applicability of sections 17(1) a) and 17 (1) b). An ATS is excluded as a document class in accordance with section 17(2) (v). In addition, the explanatory note in Section 17 also states that a document that establishes or commissions a contract for the sale of real estate is not considered to have a registration obligation or is never required. Section 49 of the Registration Act is new and for the first time imposes legislative sanctions on the just doctrine of partial delivery.
This part of the law is widely accepted in its own right that a legal action for a given benefit may be for sale on the basis of an unregord agreement and may be admissible as evidence. The Section 49 document, which was an unreged document, could be included as evidence of a contract in a lawsuit for a given benefit. Hon`ble Justice Badar Durrez Ahmed and Hon`ble Justice Siddharth Mridul approved the conclusion of Section 49 of the Registration Act of the Learned Single Judge, in which the unregord sales agreement could be obtained in evidence by Vinod Kumar-Anr. against Ajit Singh. 5) You can pay a legal mention for the termination of the contract on the buyer`s failure to pay the balance and refund Rs 1 Lakh. In the absence of such a provision, there is ambiguity as to the validity and application of these unregistered ATSes, which are now legally required to be forcibly registered. Parliament must respond to the aforementioned ambiguity with an appropriate amendment to the law. Alternatively, the national governments concerned could address the issue in the internal regulation. In the absence of a law, developers are well within their rights to defend themselves if, on the basis of an unregistered ATS, that the content of such an ATS cannot be read for the purposes of evidence, according to Section 49 of the Registration Act.
Strictly speaking, Section 49 refers only to the non-registration of documents that are required to be registered mandatorly, either under Section 17 of the Registration Act or TPA.