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. Section 13 of the Act is not explicitly in Section 49. However, it is doubtful that the purpose behind the forced registration of a document is to impose a consequence for its non-registration, and that, in this context, the consequence of non-registration under section 13 of the Act are those of Section 49 of the Registration Act. Therefore, developers, when faced with an infringement by the Allottees, can rule that Allottees cannot rely on such a document (UNregistered ATS) and request the application of the article because of the lack of registration. In the absence of a provision of the law, it may be difficult to rebut such a legal defence. The SA/GPA/WILL transaction does not provide title and does not generate interest in a property. 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. A special power of attorney confers on a person called “Attorney” a number of limited rights to act in the name of principle to discharge his or her legal obligations; whereas a general power confers on the Attorney General a wider range of rights. 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. Finally, in the event of a mandate, power should be granted only to a person of trust and in exceptional cases in relation to the existing legislation. Always keep in mind that developers always tend to protect their own interests and hinder the seller`s interest, so that the seller should sometimes be informed of his rights and take the help of a lawyer when executing a deed of sale. In Section 17, (1), 2 V) of the Registration Act 1908 states that “any document that is not included in the subsection (1A) is itself established, declared, subpoenaed, restricted or removes rights, titles or interests in the value of one hundred rupees or real property, but only the creation of a right which, when executed, creates such a right, title or participation, is declared, surrendered or cancelled. A sale agreement protects the interests of both parties and clearly constitutes the conditions under which the seller intends to sell the property and those under which the buyer intends to acquire it.