Transfer of Rights of Litigated Property
sachin
(Querist) 16 May 2010
This query is : Resolved
Dear Friends,
The gist of the matter is as follows:
An agreement for sale was executed between A and B for transfer of landed property in Mumbai. Due to the non fulfillment of the terms of the Agreement for Sale by B the said Agreement was rescinded by A and also a suit was filed by A against B.
Now C wants to execute a Deed of Assignment with B, whereby C wants to assume the rights and responsibilities of B and litigate the matter on behalf of B by stepping into B shoes.
C is also willing to pay consideration vide the Deed of Assignment to take over the property from B, knowing fully well that the property is under Lis Pendence and can get the ownership only if the suit is won and the Hon'ble Court confers the property in favour of C.
Can the above agreement be executed and is it tenable in law.
Please advise,
Regards,
Sachin
