REGARDING PROPERTY SALE AFTER ENTERING AGREEMENT
Bajwa K S
(Querist) 20 June 2009
This query is : Resolved
My wife along with five others had entered an agreement for purchase of a piece of land in december 2001.
the property consisted of three demarcated divisions.A,B and C.
A part of this property(A) was registered to the shareholders in feb 2002.
Subsequently two of the purchasing partners, puchased another part of the property(B) in their names without informing other parteners. the seller was probably informed that other partners of the sale agreement have no objections.
And susequently the third part of the property has been sold directly by the original seller to another outsider/ non party to the original agreement.
One of the shareholders of original agreement was ofcourse aware and has certified as legal sale at the time of registration of the property (C).
How can my wife claim the possession of illegally sold properties/demand our fare share. the documentry proof of advance paid in february 2002, xerox of demand drafts, against the properties B and C, is available with us.
Secondly against whom shall we file a suit. against the original holder of property OR the individual who had connived with the original seller in making further illegal sales.
sanjeev murthy desai
(Expert) 20 June 2009
File a case specific performance suit against the seller, and also make a parties of that other two partners who were purchased that properties and also make a party of that another outsider who purhchased that C Property.
Y V Vishweshwar Rao
(Expert) 21 June 2009
Suit for specific performance for enforcement of the Original sale agreemtn of 2002 in favour of all partners , suit against, all, includign all the parnters who colluded with the Seller and third party who purchased the proerty and also to claim damages against all the parties.
Bajwa K S
(Querist) 21 June 2009
Dear Mr Sanjeev Desai,
Thank u very much for necessary direction and guidance. My only querry is, Is there a time frame for filing such suits and if yes how can we go about the suit so that it is easily accepted by the courts.
regards
sanjeev murthy desai
(Expert) 22 June 2009
Dear Bajwa K. S
As per Article 54 of the Limitation act prescribes a three year limit for the filing suit for specific performance of a contract.
But you have to be verified that your agreement has any limitation to execute Sale Deed in favour of your wife and other parners otherwise its not possible to claim thorugh the specific performance.
