Specific performance
lalit
(Querist) 28 August 2011
This query is : Resolved
X enters into an (UNREGISTERED)agreement for sale of a flat with Y,with consideration as Rs.100000/-.
later X executes a deed of conveyance but does not register the same,WHICH BEARS NO REFERENCE OF THE agreement for sale, in favor of Y,showing consideration as 60000/-.
X destroys the original agreement for sale.
Y files a suit for specific performance for registration and possession,relying on the executed deed.
can X produce the xerox copy of the (unregistered)agreement for sale, WHICH IS NOT REFERRED IN THE DEED, and claim balance 40000/-.
can Y claim that the agreement for sale was invalid, or the deed of coveyance was the final valid document, or the agreement was mutually cancelled, or the deed of conveyance is an independent document which does not carry any burden or reference of the agreement for sale.
girish shringi
(Expert) 28 August 2011
Once if sale deed is executed by both the parties its a valid evidence for sale.One can claim specific performance on it.
lalit
(Querist) 28 August 2011
sir, the honble court has awarded interim injunction to Yplaintiff-- restraing Xdefendant from creating any 3rd party rights,for suit filed under spec. per. for regn and possession.
shll X submit xerox copy of agreement for sale showing value as 100000 and contesting unregistered sale deed value of 60000/- as evidence--however original agreement for sale has been destroyed.
X says he is willing to register only if balance 40000are paid to him.
girish shringi
(Expert) 06 September 2011
Compromise in the situation.
Usually litigation are taking too much time in India.
