Shop
jatinkumar
(Querist) 15 September 2016
This query is : Resolved
Hello expert!
Land was in the name of father, father, mother, and 3 sons formed partnership to developed land, a building was constructed in 2005, thereafter partnership sold many flat and shop, one shop no.2 was sold by one partner rajesh to mr vasantbhai money was taken in form of cheque but no sale deed is prepare d in favour of purchaser till date, but possession is given. Thereafter one partner dev got retired from partnership by retirement cum reconstitution deed in 2011, by taking settlement share in form of 5 shop in the said building. Now Mr dev retired partner want the purchase shop no 2 whose sale deed is not made. Mr dev is ready to give market rate to mr vasant for purchasing the said shop no 2. Now problem is that,
Mr vasant and Partner except rajesh is ready to prepare sale deed , but rajesh is not ready to prepare sale in favour of dev retired partner , now what to do how dev can purchse the said shop pls give some suggestions
Raj Kumar Makkad
(Expert) 16 September 2016
The buyer should file a suit for specific performance of the contract in which all the partners present or past should be impleaded as defendants and should seek registration of sale-deed therefrom.
Rajendra K Goyal
(Expert) 17 September 2016
Buyer can file suit for specific performance.
jatinkumar
(Querist) 17 September 2016
Thanks! Experts
