When we analyze the provision, we can understand that the document contained therein is a sales agreement. It is also stated that the sales agreement as such falls within the category of Article 17(2) of the Law on registration as a non-mandatory document. A sales agreement is an instrument in which the seller promises to transfer the property to a buyer if there are certain conditions, but does not create the buyer`s ownership of the property. To understand the conflict between RERA and Registration Act, it is important to understand the difference between the sales agreement and a sales document. This question arises because the registration of documents is usually carried out in order to guarantee the buyer a clear right and ownership over the property. A sales agreement as such does not clearly determine the ownership of the property. In Durgawati Devi v Union of India2, the Supreme Court ruled that the performance of the contract of sale does not transfer ownership/title to the property and ownership/ownership is only transferred by a transfer instrument. Applying the provisions of section 88 of the RERA Act 2016, we can see, by analyzing the provisions of the two Decrees, that Sec 17 (2) (v) of the Registration Act 1908 denies the RERA Act 2016. In accordance with section 89 of the RERA Act 2016, the provisions of the Registration Act 1908 are therefore not taken into account for the purposes of registering the sales agreement. . Section 13(1) of the RERA Act 2016 provides that "a developer may not accept a sum exceeding 10% of the costs of the accommodation, land or building, as may be the case, as an advance payment or registration fee from a person without a prior written agreement to sell with that person and registering the agreement in question for sale. However, in practice, buyers perform the sales contract as a preventive measure, although they are aware that it does not create title to a property.
A deed of sale is considered an authentic deed and also creates a clear title to the property, since it is a document that must be identifiable in accordance with Sec 17(1) of the Registration Act 1908. However, in accordance with section 13 of the RERA Act 20161, a contract of sale must be registered. However, this is not the case with the Registration Act 1908. Therefore, the validity of the sales agreement always becomes an unresolved conflict. But if we analyze Sec 13(1) of the RERA Act 2016, which states that a sale agreement must be registered in accordance with applicable law, it means that a sales agreement will be registered in accordance with the provisions of the Registration Act 1908.