Thus, after sending the cancellation notice to the invalid contract holder, you can log out of the agreement and look for a new buyer for your property. . The Court of Justice did not recognise partial enforcement in the light of the categorical findings concerning the validity of procedure 2 and the satisfactory proof of other conditions for granting the decree. Smt Parmatma Devi, first responder. 2. The facts are summarized: under a written purchase agreement of 7.9.1979, kanika Bose. Mukherjee, a qualified lawyer appearing for the complainant. With regard to the above-mentioned allegations, this appeal raises the following points: (i) If a contract of sale (Ext. 2. 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. according to any law currently in force”. What the sales contract creates is a right for the buyer to buy the property in question under certain conditions.
Likewise, the seller obtains the right to obtain the consideration of the buyer if his part of the general conditions of sale is respected. Under the Transfer of Ownership Act, a contract of sale, with or without ownership, is not a transfer. Section 54 of the Transfer of Ownership Act provides that the sale of immovable property may be made only by a registered instrument and that a contract of sale does not generate interest or charges for its property. Finally, in the event of the appointment of a power of attorney, the power of attorney should only be issued to a trusted person and in exceptional circumstances, in accordance with the legislation in force. It should always be borne in mind that developers always tend to protect their own interests and hinder the seller`s interest, so sometimes the seller needs to be aware of his rights and seek the help of a lawyer for the execution of a sales document. (6) The act of cancellation must be performed by both parties in respect of the registered contract. 1) It is necessary to read the sales agreement for consultation. . nor has it argued before us that the sales contract in its original version was not valid for any reason. Indeed, the position that the document did not require marginal witnesses for validity is accepted. Furthermore, as already stated, the High Court considers that the interpolation, which would have been carried out by the Covenantees in the purchase agreement, has not been examined from a legal point of view. As I said before, .
in the case of persons closely related to it, the court cannot easily accept the applicants` case with regard to the contract of sale; Therefore, they then considered two independent people as. the seller of the property in indirect sales, after receipt of the agreed consideration, provides ownership of the property and executes some or all of the following documents: (i) amendment to the Registration Act; 1908 by Amending Act 48 of 2001, with effect from 24.9.2001, imposing documents containing a contract for the transfer of remuneration (sales contracts, etc.) relating to immovable property within the meaning of section 53A of the Act; registered; and a sales contract is a contract to sell a property in the future. This agreement defines the conditions under which the property is transferred. The Transfer of Property Act 1882, which governs matters relating to the sale and transfer of immovable property, defines a contract of sale or a contract of sale as follows: Section 17(1A) of the Registration Act 1908 provides that “documents containing contracts of consideration shall contain any immovable property within the meaning of section 53A of the Transfer of Ownership Act, 1882, are registered if they were executed on or after the beginning of the Information Transfers and Export Act, 2001, and such documents are not registered on or after that date, then they have no effect for the purposes of said section 53A.” . . .