This question arises because the registration of documents is usually made to guarantee a clear right and ownership of the property to the buyer. A sale agreement as such does not constitute a clear property of the property. In the case of Durgawati Devi/Union of India2, the Supreme Court ruled that the execution of the sale contract did not entrust ownership of the property and that the property would be transferred only by transportation authorization. A sale agreement is an agreement in which the seller promises to transfer the future ownership of the property to certain conditions. The developer is legally required to register the sale agreement under Section 13 of the Real Estate (Regulation development) Act 2016. If it does not do so, it will be punished with a penalty of up to 5% of the estimated cost of the real estate project set by the authority in accordance with section 61 of the law. However, if the advance paid at the time of execution of the sale contract is less than 10% of the cost of the dwelling, the developer is not required to register the sale agreement in accordance with the measure of the law.13 Section 13, paragraph 1 of the RERA Act 2016 states that “the project proponent may not accept more than 10% of the cost of the dwelling, land or building, as it may amount in this case in the form of an advance or a person`s application fee without first entering into a written sales agreement with that person and registering the agreement for sale under current legislation.” Overall, while the law can be directed towards protecting the interests of purchasers, it has as much decision-making power in favour of the purchaser as if ambiguities arise from unregistered sales contracts. With an increase in cases of fraud in the real estate market, it is advisable to pay a little higher fees for all buyers and get the sales agreement registered, instead of saving on registration fees just to lose the total advance due to fraud. Applying the provisions of Section 88 of the RERA Act 2016, we can verify, in the analysis of the provisions of both provisions, that section 17, paragraph 2(v) of the Registration Act 1908 denies the RERA Act 2016. Therefore, under section 89 of the RERA Act 2016, the provisions of the Registration Act 1908 are not taken into account when registering the sales contract.
. Different types of transactions were carried out by The owners of Maharashtra with flat n buyers. H. with a variety of documentation. The authorities were confronted with a particular situation in which these various documents were presented to them by the complainant buyers as evidence of an agreement with the owners. These agreements and documents were established by the complainants as a basis for claiming interest or punishing failing contractors, in accordance with Section 18 of the RERA.