Under the provision of Section 53A, the purchaser is entitled to object to any attempt by the cedant to disturb the purchaser`s legitimate property under the sale agreement, and his position as plaintiff or defendant should not make any difference. The purchaser can only use the shield as a defendant and not as a complainant, he would overcome the spirit of section 53A himself, for it will be possible for an overpowered expropriating the purchaser, even against the parties to the contract, and forcing him to be tried as a plaintiff. 1) Since your grandfather acquired the land 25 years ago and you have some unregistered documents to that effect, and the parties (except the son) have died and if you are in possession of the property, you can claim ownership of the property by property. 2. If so, send the other party a letter of retraction informing them that the above agreement is voided for non-compliance with the terms, this absolute rule is subject to the exception provided for in Section 53A of the Transfer of Ownership Act. Section 53A provides that if the purchaser has entered into possession of the property that is the subject of the transfer, while he fully respects his part of the contractual obligation, the seller is not allowed to disturb the property thus granted to the buyer. It should be noted that Section 53A provides the proposed purchaser with a shield against the seller and prevents the seller from disrupting the purchaser`s property, but it does not cured the buyer`s property. The property`s ownership remains in the hands of the seller. The above definition shows that a purchase agreement contains a promise to transfer the property in question in the future under certain conditions. This agreement itself therefore does not create any rights or interests on the property for the proposed buyer. In addition, an ATS does not require mandatory registration under Section 17 of the Registration Act, 1908 (Registration Act) as well. This can be inferred from the fact that the list of instruments requiring mandatory registration under Section 17 does not contain ATS.
In all cases, paragraph 17, paragraph 2, excludes certain documents, including an ATS, from the applicability of sections 17(1) a) and 17 (1) b). An ATS is excluded as a document class in accordance with section 17(2) (v). In addition, the explanatory note in Section 17 also states that a document that establishes or commissions a contract for the sale of real estate is not considered to have a registration obligation or is never required. 3. If so, send him a letter in which they terminate the contract correctly, as suggested in my previous article, and restart your sales trip. Section 49 of the Registration Act provides that documents that must be registered under Section 17 or under the TPA cannot be registered unless they are not registered.