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Then, you should respond to any correspondence that somehow indicates that an agreement has not been reached in the absence of executed documents. The AIH District Court relied heavily on the fact that counsel for the defendant company did not respond to counsel`s assertion that the agreement was final. It is a common building rule that silence is equal approval. A simple statement by his lawyer that nothing is legally binding until he is executed and extradited could have prevented AIH from being forced to comply with the terms of the share purchase agreement. It could also have protected the AIH Board from great embarrassment, a serious customer relationship problem and a probable right to fault. The sale contract may or may not lead to an effective sale of the property in question. Some stamp tax laws, such as the Maharashtra Stamp Act, consider that an agreement to sell a property on the same basis as a proper transport record, as well as a proper transport record, are subject to the same stamp duty as the one in force for the proper sale of a property. Under these provisions, which require the payment of stamp duty on a sales contract, a sale agreement is wrongly considered a good act of sale. Under the Indian Registration Act of 1908, any interest transfer agreement must be registered on property worth more than 100 rupees. Therefore, if you purchased a property for sale as part of an agreement without a good state of sale, you will not receive any right or interest in the property that would be transferred under the sale contract. In the future, a sale agreement is to be promised that the property will be transferred to the rightful owner, while the value of the sale is the actual transfer of the buyer`s property. Although the signing of the sale agreement does not mean that the sale has been completed, it is a decisive step in that direction. For this reason, buyers must be fully aware of the terms and conditions set out in the agreement.
“Any sales contract that is not a registered promotion (nature of sale) would fall short of the provisions of section 54 and 55 of the Transfer of Ownership Act and would not confer ownership and would not transfer any right to purchase property (except for the limited right granted under Section 53A of the Transfer of Ownership Act).” A contract would have been executed once both parties had fulfilled their obligations. In the case of a real estate contract, this step is taken. Pending the change of payment and title, the contract can only be executed “enforceable.”