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Supreme Court Judgement On Unregistered Agreement To Sale

In the absence of such a provision, there is ambiguity as to the validity and application of these unregistered ATSes, which are now legally required to be forcibly registered. Parliament must respond to the aforementioned ambiguity with an appropriate amendment to the law. Alternatively, the national governments concerned could address the issue in the internal regulation. In the absence of a law, developers are well within their rights to defend themselves if, on the basis of an unregistered ATS, that the content of such an ATS cannot be read for the purposes of evidence, according to Section 49 of the Registration Act. Strictly speaking, Section 49 refers only to the non-registration of documents that are required to be registered mandatorly, either under Section 17 of the Registration Act or TPA. Section 13 of the Act is not explicitly in Section 49. However, it is doubtful that the purpose behind the forced registration of a document is to impose a consequence for its non-registration, and that, in this context, the consequence of non-registration under section 13 of the Act are those of Section 49 of the Registration Act. Therefore, developers, when faced with an infringement by the Allottees, can rule that Allottees cannot rely on such a document (UNregistered ATS) and request the application of the article because of the lack of registration. In the absence of a provision of the law, it may be difficult to rebut such a legal defence. …

Lawyer or tenant, tenant or owner`s leader, but since the petitioner trusts the species in an unregant sales contract, which is controversial and subject… for an instruction to the distribution/holding company of the defendant company for the permanent link.3. The case of the petitioner is that an agreement has been put up for sale by the… petition.4. While this is the condition of the petitioner, the house was acquired by him as part of the sale agreement and is therefore entitled to an electrical connection which… To qualify for paragraph 54 of the Act, it is necessary to acquire a house/new estate within one year or two years after the transfer of the apartment building for which the long-term capital gain was realized.

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