Sobha Sentosa Ruling: Agreement Registration, the Four-Month Bar and Email Consent

Two buyers at Sobha Sentosa in Bengaluru had paid 9.81 percent of their flat's price under a 2022-23 agreement for sale. They wanted the agreement registered, and they objected to changes the developer made after booking: French windows in two bedrooms replaced by double-partition ventilator windows, and the removal of a "Super Tree" and a gazebo. K-RERA ordered the agreement registered within 30 days. The Karnataka Real Estate Appellate Tribunal has now set that direction aside.

The short answer. In the Tribunal's order in Appeals K-REAT 81 and 102 of 2025, the bench held that, in view of the statutory bar in Section 23 of the Registration Act, 1908, "the Promoter cannot compel the Sub-Registrar to register an Agreement to Sell, if it is presented beyond the period prescribed", and that an agreement for sale does not by itself create title, so registration served no purpose where the developer was ready to execute a sale deed. It also accepted email consents from more than two-thirds of the project's 533 allottees for the design changes. The trade-off: buyers get a registered sale deed at the end, but lose the early protection of a registered agreement and the ability to undo changes a statutory majority approved.

What did the Tribunal decide in the Sobha Sentosa appeals?

It allowed the developer's appeal and dismissed the buyers'. As reported by LiveLaw, the bench of Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N. set aside K-RERA's direction to execute and register the agreement for sale, and dismissed the buyers' appeal seeking further reliefs, including rectification of the windows.

The order reproduces Section 23 of the Registration Act, which says that, subject to Sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented to the proper office within four months from the date of its execution. On that basis, the Tribunal held that the developer could not compel the Sub-Registrar to register an agreement presented beyond that period.

The Tribunal also reasoned that an agreement for sale is an executory contract that does not by itself create any right, title or interest in the property, and that it is the registered sale deed that transfers title. Where the promoter is ready and willing to execute a registered sale deed, it said, insisting on registering the earlier agreement serves no substantive purpose.

The order grounds this in settled law. It says the position is evident from Section 54 of the Transfer of Property Act and has been affirmed by the Supreme Court in Suraj Lamp and Industries versus State of Haryana. It also notes that the buyers did not claim possession had been delivered when the agreement was executed, so the Transfer of Property Act did not stand in the way of the developer declining to register the agreement.

Why did the 9.81 percent payment matter?

Because RERA's registration duty is tied to a ten per cent threshold. Section 13(1) of the Real Estate (Regulation and Development) Act, 2016 says a promoter shall not accept a sum more than ten per cent of the cost of the apartment as an advance or application fee without first entering into a written agreement for sale and registering it.

The order notes that the buyers had paid only 9.81 percent of the cost of the apartment, and holds that a direction compelling registration on that basis could not be sustained as it was contrary to Section 13. In other words, the RERA trigger for a registered agreement had not been crossed when the dispute arose.

For buyers, this is the practical lesson. Know where your payments stand against the ten per cent line, and ask for the agreement to be executed and registered before you cross it. Our guide on token amounts and RERA's ten per cent rule explains how the threshold works at booking.

Can emails count as consent to plan changes?

In this case, yes. LiveLaw reports that the Tribunal held authenticated emails can constitute written consent under Section 14(2)(ii) of RERA. The order records that the project comprised 533 allottees, that the material on record indicated the promoter had obtained the consent of more than the requisite two-thirds before implementing the modifications, and that only 30 allottees had complained.

Section 14(2)(ii) of the Act requires the previous written consent of at least two-thirds of the allottees, other than the promoter, for alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or common areas. The order adds that the fact that a few individual allottees disputed giving consent did not, by itself, invalidate the consent of the statutory majority.

If you disagree with a proposed change, say so in writing and keep the reply. If you agree only on conditions, such as a price adjustment or an alternative feature, put the conditions in the same email. A one-line acknowledgement may later be read as consent; a clear position is harder to misread. Ask the developer to tell you how it is counting consents and whether your reply has been recorded as a yes or a no.

That has a direct implication for every buyer. Emails from your developer asking for feedback or approval on design changes may later be treated as a consent exercise. Read them carefully, reply clearly, and keep copies of what you said.

What should Bengaluru buyers do about agreement registration?

Get the agreement executed and presented on time, and track the dates yourself. The Tribunal's reasoning turned on a four-month window from execution and on a payment that sat just under ten per cent.

1. Note the date your agreement for sale is executed, since the Registration Act's four-month window runs from that date.
2. Ask the developer to present the agreement for registration promptly and get the registration details in writing.
3. Track your cumulative payments against ten per cent of the flat's cost before you pay more.
4. Do not cross the ten per cent mark until the agreement is executed and registered.
5. Read every developer email about design or amenity changes and reply in writing with your position.
6. Raise every relief you want before K-RERA in your original complaint, since new reliefs may not be heard on appeal.
7. Keep a file of the brochure, sanctioned plan and specifications you were shown at booking.

Our explainer on the agreement for sale versus the sale deed sets out what each document does for a buyer.

Why can't new reliefs be added on appeal?

Because the Tribunal reviews what was decided below. LiveLaw reports that the Tribunal held that reliefs not raised before K-RERA cannot be introduced for the first time on appeal, and it found no ground to interfere with K-RERA's refusal of the remaining reliefs.

For buyers preparing a complaint, the lesson is to think through the whole dispute before filing. If you want registration, delay interest, rectification of defects and compensation, say so at the start and support each with documents. An appeal is a poor place to discover a missing claim.

Group complaints help here too. The 30 Sentosa complainants had a common grievance; a single, carefully drafted complaint listing every relief, with shared evidence, is easier to defend at each stage than many partial ones.

What does this ruling mean for your final sale deed?

It points the focus to the sale deed. The Tribunal said it is the registered sale deed that transfers title, and that the promoter here was ready and willing to execute one. A buyer who loses the argument over registering the agreement still gets title through the deed.

That makes the deed's contents important. Check that it records the carpet area, specifications and common areas you were promised, and compare them with your agreement and the sanctioned plan before you sign. If changes were approved by a two-thirds majority, ask for the record of that consent so you understand what you are now buying.

The changes in dispute here were specific: French windows in two bedrooms replaced by double-partition ventilator windows, and a Super Tree and gazebo removed from the plan. Small as they sound, these are the kind of features buyers often choose a project for. Photograph the model flat and keep the brochure pages that show such features, because they are your record of what was offered.

Finally, remember that the Tribunal decided this case on its facts: a payment below ten per cent, an agreement presented outside the four-month window and a documented majority consent. A buyer whose facts differ on any of these points may be in a different position.

Frequently asked questions

Can a Bengaluru buyer force registration of an old agreement for sale?

Not where it is presented outside the Registration Act's time limit, according to the Tribunal's order in the Sobha Sentosa appeals. It held that, given Section 23 of the Registration Act, the promoter cannot compel the Sub-Registrar to register an agreement presented beyond four months from execution.

Why did the 9.81 percent payment matter in the Sobha case?

Section 13(1) of the RERA Act requires a registered agreement for sale before a promoter accepts more than ten per cent of the cost. The Tribunal noted the buyers had paid only 9.81 percent and held that compelling registration on that basis was contrary to Section 13.

Can email replies count as consent to design changes?

In the Sobha Sentosa case, the Tribunal accepted authenticated emails as written consent under Section 14(2)(ii) of the RERA Act and found that more than two-thirds of the project's 533 allottees had consented, while only 30 allottees had complained, as recorded in its order.

Can a buyer raise new reliefs in a RERA appeal?

The Tribunal held in the Sobha Sentosa appeals that reliefs not raised before K-RERA cannot be introduced for the first time on appeal, as reported by LiveLaw. Buyers should list every relief they want, with supporting documents, in their original complaint to the Authority.

Last updated 2026-10-22. PropNewz Team.