Property law
Querist :
Anonymous
(Querist) 18 November 2011
This query is : Resolved
i entered into an ATS in respect to the rights of the property to be allotted to seller . Now the property has been allotted to seller . The seller refused to transfer the said property in my favour . i filed arbitration case as per ATS . I took an order u/s-17 of the Arbitration act against seller for maintaining status quo . Now It has come to my knowldge that te seller has already( before my ATS ) entered into an ATS with some other person and has now even transfered the said property to that buyer . Now what are the remedies available to ma as per law .
Devajyoti Barman
(Expert) 18 November 2011
If you are a bona fide purchaser without notice , you are well within your rights to exercise your legal options.
Continue arbitration proceedings where the tribunal is equipped to pass any award including adequate compensation.
Querist :
Anonymous
(Querist) 18 November 2011
BARMAN SIR,
AM I ENTITLED FOR SPECIFIC PERFORMANCE OR NOT .
prabhakar singh
(Expert) 21 November 2011
author : Anonymous!
You can sue for specific performance but if the other side who had ATS preceding you proves in court that you had due notice of his ATS before entering into yours then NOT the decree of specific performance but of only damages shall be granted against the real owner.
Querist :
Anonymous
(Querist) 22 November 2011
SIR,
I WAS NOT AWARE OF THE EARLIER SALE . MY ADVOCATE HAS ADVISED THAT SINCE I AM THE SECOND BUYER AND THE SELLER HAS TRANSFERED THE PROPERTY TO THE FIRST BUYER I CAN CLAIM SPECIFIC PERFORMANCE BUT FROM THE COURT I CAN ONLY GET THE DAMAGES NOT THE SPECIFIC PERFORMANCE . KINDLY GUIDE ME
Querist :
Anonymous
(Querist) 22 November 2011
SIR ,
IF I WILL ONLY GET THE COMPENSATION I WILL THEN OPT FOR SETTLEMENT INSTEAD OF STUCKING MY MONEY FOR A LONG TIME IN LEGAL DISPUTE .
