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. The Supreme Court of India in 2012, in the case of Suraj Lamp – Industries (P) Ltd (2) v. State of Haryana, while considering the validity of the sale of real estate by proxy, stated: „Locked-in property can only be transferred by a transport file (deed of sale), duly stamped and registered, as required by law. We therefore assert that goods can only be transferred/transported legally and legally through a registered transport obligation. A deed of sale is a legal document that proves that the seller transferred absolute ownership of the property to the buyer. Through this document, the rights and interests of the property are acquired by the new owner. A deed of sale generally consists of the following information: „Any sales contract that is not a registered promotion (sales characteristics) would fall short of the requirements of paragraphs 54 and 55 of the Transfer of Ownership Act and would not confer ownership or transfer any right of dissemination to a property (with the exception of the limited right granted under Section 53A of the Transfer of Property Act).“ Signing a purchase agreement becomes important given several factors. First, it is legal proof that the buyer and seller enter into an agreement on the basis of which the future approach will be decided in the event of a dispute.
Also, if you apply for a home loan, the bank would not accept your application until you sign a sales contract. Remember here that both parties must respect the terms of the sale agreement. Any party that does not comply with any of the terms of the agreement could be brought to justice if the other party so wishes. All parties involved should also ensure that this document can be used as legal evidence before the court of law and that all those who have agreed to comply with the conditions are required to do so. 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. There are 4 types of indexes created by the registration division and the categories by document type are as follows.
The sale contract may or may not lead to an effective sale of the property in question.