Specific Performance
Chetan
(Querist) 07 March 2010
This query is : Resolved
That my client get an earnest note executed in his favour about the house property in 1981
but the seller on several request did not execute the sale deed therefore my client send an notice and remain present on a day which was mentioned in the notice but the seller didn't came
That til today the property is in possession of my client and let out it to several person upto today
That the seller have 3 sons out of which 1 son on December 2009 approach to the Gram Panchayt and made application not to mutate the property in the name of my client, the officer of Panchayt published a public notice and my client raise the objection
Qurstion :- under above circumstance what shall i have to be done / advised
1) Whetehr I can force the legal heirs of deceased to execute the sale deed in favour of my client.
1) What suit shall I file ?
Pls reply urgently with citations
B K Raghavendra Rao
(Expert) 07 March 2010
1. You cannot force them to execute the sale deed as they had not executed you any agreement for sale.
2. You may file a money recovery suit.
Parveen Kr. Aggarwal
(Expert) 07 March 2010
Agreement to sell does not confer title and merely grants a right to have document of title. The document of title can only be obtained within time-limit prescribed under the law. The limitation period for institution of suit for specific performance of agreement is three years.
If your client has acted lethargically and slept over his rights, his failure to get the agreement enforced within the limitation period, his remedy is barred by limitation. As such, the legal heirs of sellers cannot be compelled to execute the sale deed in favour of your client.
Raj Kumar Makkad
(Expert) 07 March 2010
If the period of 3 years from the date of the registered sale-deed fixed by your client (on which he had appeared before registrar) has not expired then file a suit for specific performance against the legal heirs of deceased seller and through court get the registered sale-deed executed otherwise your possession shall become illegal and even you cannot recover your money deposited with the seller.
N.K.Assumi
(Expert) 08 March 2010
Agreed with the members views.
MANISH SONI
(Expert) 08 March 2010
since 28 years have elapsed u can neither ask for specific performance nor for refund . . . and the only plea with which u are left is that of adverse possession that also u can take in their suit not in our and that too will a tough task because u came in possession under an agreement to sell . . . . .so tough job . . . . .
