Specific performance
Neeraj
(Querist) 14 March 2015
This query is : Resolved
A flat belonged to husband & wife ,they had a son and daughter,the husband expired ,the mother lanned to sell the flat with son ,i paid them 15% of flat cost and the other was coming by loan after registration, later the mother said her daughter dosent want to sell the flat ,i found this cheating as they are planning to sell the flat for better price ,so i have put specific performance on them
i want to know how much chances i have of winning the case?
This was more of cheating as the adv regarding sale was on net 99 ac.. prop sight and only after paying the money i came to know through sources that they had sister and now the sister joined them to against me
Advocate Kappil Cchandna
(Expert) 14 March 2015
Sir,
In specific performance its generally the court discretion which is guided by the principles of hardship and equity...... But when you were aware that they cannot sell the property without their daughter why have you paid the money and entered into the contract ....
Second thing If they misrepresented you on anything you can file a case of cheating on them ....
Regards
Kapil Chandna Adv 9899011450
R.K Nanda 
(Expert) 14 March 2015
chances are remote.
For more legal advice on mobile go for pre-paid, Click to Talk, Option.
Rajendra K Goyal
(Expert) 14 March 2015
All depends upon terms of agreement and plea taken. Consult local lawyer.
Kumar Doab
(Expert) 14 March 2015
Was the legal heir ship/successors recited in agreement to sell.........?
Apparently the chances are low.
However the lawyer that has examined all docs related to the property, agreement to sell verbatim and suit filed by you.......can advise you the best.
