specific performance
mahesan
(Querist) 13 August 2014
This query is : Resolved
Sale agreement date 15.7.2013.
period one year.
legal notice issued on 17.07.2014.agreement holder have valid under law. What remedy to agreement holder against land owner?
mahesan
(Querist) 13 August 2014
Agreement holder have Valid case ? His suit is maintainable before court?
Rajendra K Goyal
(Expert) 14 August 2014
State facts and the query clearly. Notice issued for what? and what type of case maintainable?
ajay sethi
(Expert) 14 August 2014
state detailed facts of your case .
R.K Nanda
(Expert) 14 August 2014
submit full facts.
mahesan
(Querist) 15 August 2014
A entered agreement with B. Agreement period one year from 15.07.2013. A not executed sale deed to B within time. B issued legal.notice 17.07.2014, after agreement time for execution of sale deed. What remedy for B after expiry of sgreement period
Biswanath Roy
(Expert) 15 August 2014
If the agreement provides that within such time the vendor shall execute a sale deed to B but fails to do that then either B can claim refund of his advance money paid to A. and can close the deal but if B wants to purchase the subject property from A he can demand draft deed of conveyance from A within a stipulated time even in that event if A is reluctant to execute sale deed to B he can file a suit for specific performance of contract in the civil court.
T. Kalaiselvan, Advocate
(Expert) 19 August 2014
Presuming A as the vendor and B the purchaser, though A has to execute the sale deed, it is the duty of B to inform A about his ready and willingness to perform his part of contract demanding A to execute the sale deed by receiving the balance of sale consideration amount. this intimation should have been given by B to A atleast one week before the contract period expires.
If there is no forfeiture clause and 'Time is essence of contract' clause are not endorsed in the agreement, B can seek specific performance of contract through a civil suit or for specific reliefs.
