Supreme Court Judgement On Agreement To Sell

It has therefore been established that, although the defendant is not relied upon and is not relied upon by the defendant for the defence, the court itself, on the illegality that appears on the evidence, will take note of it and reject the action ex turpi causa non oritur actio. It has been said that no dirty hand will touch the pure well of justice. In addition, it has been found that, where parties participate in illegal agreements or other transactions, the courts of the legal order that follow the rule of law with respect to the parties to the common crime will not intervene to grant any discharge by acting according to the maxim in pari delicto potior is conditio defendetis and possidentis. it recently decided that the deadline for the award of a dwelling unit to a home buyer must be taken into account from the date of the construction-buyer contract and not from the date of registration of the project under the Real Estate (Regulation and Development) Act 2016. The court also ordered the rera authorities to order the payment of compensation by the contractor, in accordance with the sales contract whose unsealability was upheld by this decision. „Any sales contract that is not a registered promotion (nature of sale) would fall short of the provisions of section 54 and 55 of the Transfer of Ownership Act and would not confer ownership and would not transfer any right to purchase property (except for the limited right granted under Section 53A of the Transfer of Ownership Act).” The deed of sale is the most important legal document by which a seller transfers his right of ownership to the buyer, who then acquires the absolute ownership of the property. What the sales contract creates is the buyer`s right to acquire the property in question in 1996, 1996. Similarly, the seller obtains the right to obtain the buyer`s consideration in accordance with his part of the terms and conditions. In cases where you have acquired and taken possession of a property under a sale agreement, the title to the land will still remain with the developer, unless a sales record has been subsequently executed and registered under the Indian Registration Act. Thus, it is clear that a security in a property can only be transferred by a deed of sale.

In the absence of a deed of sale duly stamped and registered, no right, property or interest for a property, the buyer of the property. In the future, a sale agreement is to be promised that the property will be transferred to the rightful owner, while the value of the sale is the actual transfer of the buyer`s property.