specific performance of contract
Querist :
Anonymous
(Querist) 06 May 2011
This query is : Resolved
My client obtained a decree for specific performance of contract for the execution of a sale deed against the builder in the year 1993. at the time of filing the suit he had paid the entire sale consideration and he was put in possession of the flat.The parties also entered into an agreement of sale which evidences this. Unfortunately he did not file an Execution Petition for the execution of the decree till date. Now he wants to sell the flat but the buyers are asking him for the ownership documents. Can he sell the property based on the decree since there is no valid sale deed till date or is there any other course open to him to perfect his title. I will be deeply obliged if an answer is provided
Guest
(Expert) 07 May 2011
The limitation is three years from the arising of cause of action. The internal time for performance of contract is fixed in the agreement 3 or 4 months. But the sec 16 (c) of Specific relief act which play the important role in executing of specific performance of contract. If the purchaser is ready and willing to perform only entitled to get the agreement executed. otherwise he cannot enforce to execute the sale deed
An in your case after 17 years you don't take any step for execution petition.
Can he sell the property based on the decree since there is no valid sale deed till date?
yes,but if the other party i.e, builder oppose then you again come to the court.You have ownership doc. then its not a problem but if you dont then the decree is useless as its time barred.
