In the absence of such a provision, there is uncertainty as to the validity and application of these unregistered ATS, which are now legally required to be compulsorily registered. Parliament must respond to this ambiguity with an appropriate amendment to the law. In the absence of a law, developers have the right to defend themselves if they object, on the basis of an unregistered ATS, to the content of such an ATS not being read for evidential purposes, in accordance with Article 49 of the Registration Act. Strictly speaking, Article 49 deals only with the non-registration of documents. which must be registered compulsorily under Article 17 of the Registration Act or the TPA. Section 13 of the Act is not explicitly stated in section 49. However, it is argued that the purpose of the compulsory registration of a document is to impose a consequence for its refusal to register and that, in this context, the consequence of the non-registration provided for in Article 13 of the Law will be that provided for in Article 49 of the Registration Act. when the allottes are confronted for infringement, that the Allottees can not rely on such a document (ATS not registered) and request its application for lack of registration. In the absence of a provision in the law, it may be difficult to legally refute such a defence. 2) If, in accordance with the sales agreement, 4 months were given to pay and the buyer did not make the balance of Rs 19 Lakhs, you should have terminated the contract after the expiry of the 4-month period.

The question to be answered is whether an unregient purchase agreement, acquired by delivery of the property or performed for the benefit of a person in possession, i.e. an agreement which has a partial performance, a sales agreement within the meaning of Article 53A of the TPA, can be obtained as evidence of the agreement and whether legal action in favour of a given service on the basis of such a non-agreement registered is for sale. The purpose of Article 53A of the TPA gives the defendant the right to protect his property against contempt. It is also available to persons who assert rights under it, such as heirs, beneficiaries of the assignment and legal representatives[5]. This section should normally be used as a defense and not as an assault weapon. Under Article 53A, the transferee has the right to object to any attempt by the transferor to disrupt the legitimate ownership of the transferee under the contract of sale, and his position as an applicant or defendant should not make a difference. . . .

Categories: Allgemein