Is the registration of contract for construction of apartment is compulsory?
Such arrangement confer the privileges of ownership without transfer of title in the building and are a common mode of acquiring flats particularly in multistoreyed constructions in big cities
in the case of Suraj Lamp & Industries Pvt Ltd v State of Haryana that immovable property can be legally and lawfully transferred or conveyed only by a registered deed of conveyance.
This unregistered document for construction of apartment does survive and is admissible evidence
Earlier, the industry practice was that in case of absence of the legal provision, an Agreement to Sale of an immovable property, which is executed between the individuals that may be developers or allotters, was not registered. Since there was no mandate by the law for registration, the Agreement to Sales also did not face the consequences, according to Section 49 of the Registration Act.
only in the year 2017 in RERA act it was insisted that all documents and and agreements will be forming part of disclosures for the purposes of registraion property
ERA Registration is necessary for promoters, builders and real estate agents to be able to sell, advertise, market, purchase or book housing properties. Furthermore, the entitled persons need to make an application in the prescribed form along with the supporting documents and fees
