execution of deed of agreement
sanjay deosaria
(Querist) 14 April 2010
This query is : Resolved
we entered into an agreement with the promoters in the year 2000 to buy a flat on a 10 rupee stamp paper. The promoters refused to execute the agreement. we approached the district magistrate and got the agreement adjudicated in the year 2008 and filed a case at the consumer court.Is adjudication a right procedure? Can the collector adjudicate the agreement for sale after 8 years?
R.R. KRISHNAA
(Expert) 14 April 2010
The agreement has been made during the year 2000 and you have filed the case in 2008. Your case is barred by limitation. Only courts can deal the issue and collector has no right to pass orders on execution of agreement.
Raj Kumar Makkad
(Expert) 14 April 2010
There is no hope in the given matter. Neither money can be recovered nor the agreement can be executed at such belated stage. Moreover the set procedure as required under Specific Performance Act has also not been followed so the entire excersie is a futile.
bhagwat patil
(Expert) 17 April 2010
now by the time the builder would have created third party interest by selling the the flat to innocent buyer.
