No.
It shoiuld be fair in terms.
Regards
G.Rajaganapathy
High Court of Madras
Will there be any problem for buyer in under construction property agreement registration??
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Without verifying the title of the property one can not advise whether the sale agreement would give you valid titile or not.
Unless the buyer has serious apprehensions that the under construction property will not fructify into an actual construction then it should not be a problem.
1. It is perfectly legal to register Agreement, even if the property is under construction, without any exceptions. This is a regular norm for all under construction properties of Builder.
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If the building has got all the necessary approvals and registrations then there should be no such problems in registering the Agreement.
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- No, there will not be any problem for buyer in under construction property agreement registration .
- Further , registration of under construction flat is possible to avail home loan.
As per the Indian Registration Act, 1908, any agreement for transfer of any interest in an immovable property of value more than one hundred rupees, is required to be registered.
According to the Transfer of Property Act, an agreement for sale, whether with possession or without possession, is not a conveyance. Section 54 of the Transfer of Property Act enacts that the sale of an immovable property can be made, only by a registered instrument and an agreement for sale does not create any interest or charge on its subject matter.
Any contract of sale (agreement to sell), which is not a registered deed of conveyance (deed of sale), would fall short of the requirements of Sections 54 and 55 of the Transfer of Property Act and will not confer any title, nor transfer any interest in an immovable property (except to the limited right granted under Section 53A of the Transfer of Property Act).”
Signing an agreement for sale becomes important in light of several factors. First, this is a legal proof of the buyer and seller entering into an agreement, based on which the future course of action would be decided, in case of a dispute. Also, if you are applying for a home loan, the bank would not accept your application till you sign an agreement for sale.
Recall here that both parties will have to abide by the conditions laid in the agreement to sale. Any party flouting any of the terms, as prescribed in the agreement, might be dragged to court, if the other party so wishes. All parties concerned should also be mindful of the fact that this document can be cited as a legal proof in the court of the law and all those who have agreed to abide by the terms are obliged to do so legally.
No there is no problem, it is better and beneficial for the buyer if the agreement will be registered
Registry can be done for house(under construction) on the basis of valuation of the house and guideline of plot.