MY BLOG

In the realm of property transactions in India, particularly concerning immovable property, the distinction between an agreement to sell & a registered sale deed assumes paramount importance. An agreement to sell is often misconstrued as a document conferring ownership rights , yet judicial pronouncements by the Hon’ble Supreme Court of India and statutory provisions under the Transfer of Property Act, 1882, consistently emphasize that ownership of immovable property is transferred only through a duly registered sale deed.  An agreement to sell constitutes a contractual framework wherein a buyer expresses intent to acquire immovable property, & a seller often a developer undertakes to complete a project and transfer ownership by a specified date, contingent upon payment(schedule of payment).  Despite clause for possession or issuance of an allotment letter, this agreement lacks the legal efficacy to transfer ownership. Section 54 of the Transfer of Property Act, 1882, ...

The Indian stock market stands as a cornerstone of the nation's economic architecture, acting as a vital engine for capital formation and a crucial platform for investment. By providing a structured and regulated environment for the trading of securities, stock exchanges empower companies to raise essential capital for growth and innovation, while simultaneously offering investors diverse avenues for wealth creation. This intricate ecosystem is underpinned by a robust legal framework and facilitated by key institutions, primarily stock exchanges and depositories, each playing a distinct yet interconnected role in ensuring the efficient and transparent functioning of the market. As per the Securities Contracts (Regulation) Act, 1956 under Section 2(j) defines a “stock exchange” means—  (a) any body of individuals, whether incorporated or not, constituted before corporatisation and demutualisation under sections 4A and 4B, or  (b) a body corporate incorporated under the Companie...