Sale Agreement Unregistered

3. In brief facts of the case are that the notator is an individual who had sold a promotion file for the apartment of 26 and 27/12/2011. As part of a sale agreement executed on 16.09.2011 and taking into account rule 30 lakes, Rs. 1 lake, the auditor received the money from the expert in the form of advance/serious money when the purchase agreement was reached and the auditor acquired a new dwelling on 04.10.2010. AO has accepted the registration date of the property sold as a transfer date and since the acquisition of the new property on 04.10.2010, therefore, AO has decided that, since the new property was not acquired within one year of the date of the transfer of the former asset, AO has denied the benefit of appreciating section 54 of the Act. Annoyed, the notator filed an appeal with the Ld. CIT (A), which confirmed the AO`s complaint, and the notator is therefore before us. … the judgment in Gurbachan Singh (supra) was quashed, which reads: “a) a legal action for a defined benefit on an unregord contract/contract for the sale … Contract to the extent that, even if it is not registered, it can form the basis of legal action for a specified benefit and be invoked as evidence of the agreement or partial performance of a contract… Rejecting the applicant`s and respondent`s complaint was admitted and the appeal was ordered. Applicant-defendant party has filed a complaint for the specific statement and benefit they… 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.

In this case, the dwelling house was transferred by the registered expert on 27.12.2011. The balance of the sale was executed as part of a sale agreement executed on 16.09.2011 and from the total amount of the sale of Rs. 30 lakes. Rs. 1 lake was received by the expert in the form of an advance/earnest money (check of 16.09.2011, although cashed on 21.11.2011). Thus, we find that if the agreement was reached for sale, a new residential dwelling had been acquired by the expert on 04.10.2010 within one year of the date of the agreement to sell the former asset. In accordance with Section 2, paragraph 47, of the Act, which defines the term “transfer” from an asset, it can be established that when a right to the property is extinguished by a transfer agreement, the asset can be considered transferred. Family, acquaintances or strangers. A written agreement should be recently upheld by the Supreme Court of a court order authorizing the applicant to obtain evidence of an insufficiently stamped unregord arrangement of the sale in his complaint for the recovery of the serious money paid by him at the time of the execution of the agreement for the sale. The clauses of a sales contract are important because they will deduce anything that leads to success. …

However, in accordance with Section 17, paragraph 1, point a), of the Registration Act of 1908, this allegation is unrescribed, since an unregistered sales agreement … Arguing that an unregant agreement for sale may not be a basis for legal action for certain services, but with the utmost respect and humility towards the judge alone scholarly, I can not… as the basis for a legal action to obtain a certain benefit. An unreged sales agreement can only be used if the… 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.