Response

Any person, related or not can be an witness to a document. Only parties to the agreement can not be a witness. A minor can be a witness to an agreement. A witness is a person who deposes as to his knowledge of facts in issue between the parties in a cause.

Section 17(2) (v) of the Registration Act 1908 states that “Any document other than the documents specified in sub-section(1A) not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest”.

Section 13(1) of Real Estate (Regulation and Development) Act 2016 states that “A promoter shall not accept a sum more than ten percent of the cost of the apartment, plot or building as, the case may be, as an advance payment or an application fee from a person without first entering into written agreement for sale with such person and register the said agreement for sale, under any law for the time being in force”. Sale deed on the other hand is an instrument which creates right, interest and ownership of the property to the buyer.

Reference: The Registration Act, 1908. Real Estate(Regulation and Development) Act, 2006.

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