Specific performance liability. reg:
Prakash
(Querist) 30 May 2023
This query is : Resolved
Specific performance of contract entered into in 2009, the registration delayed by the seller and in the meanwhile the seller died, can the recipient as per the agreement can sue the legal heirs of the deceased seller ?
Prakash
(Querist) 31 May 2023
Agreement made in 2008 & 2009, wherein it’s clearly said that the legal heirs are bound to carry forward the obligations. The seller in the agreement has died and it’s almost 15 years now the sale transaction is not done by the seller in the agreement. Whether limitation act provisions will prevent the buyer to sue the legal heirs of the seller seeking special performance ?
Advocate Bhartesh goyal
(Expert) 31 May 2023
Whether buyer has paid entire sale consideration to seller or not, please clarify?
Prakash
(Querist) 31 May 2023
Not fully; the seller was not ready to accept the same as he wanted to delay the proceedings inordinately giving lame excuses one or the other.
Advocate Bhartesh goyal
(Expert) 31 May 2023
Art 54 of limitation Act provides that suit for specific performance can be filed within three years from the date of contract or if date is fixed to perform the contract then suit can be filed within three years after expiry of such date.In your case there is no fixed date to perform the contract so limitation starts from the date of contract 2009 and expires on 2012 now buyer is estopped to file suit for specific performance and will be time barred.
Prakash
(Querist) 31 May 2023
This is what I’m concerned about, please be informed that this query was not limited to any single answer and advice on remote prospects if any are solicited.
P. Venu
(Expert) 02 June 2023
Yes, the facts posted suggest a civil action to be barred by limitation.
N.K.Assumi
(Expert) 02 June 2023
Tremendous changes have been introduced in the SRA Amendment Act 2018. However, in your case the cause of action arose in 2009, and time is the essence of contract which is not mention in your query, and on the basis of available facts I agree with the view of learned expert Advocate Bhartesh Goyal, with windows period of three years.
Prakash
(Querist) 02 June 2023
In such event, what will be the fate of the consideration given by the buyer and acknowledged by the seller forthwith ? As a gesture of admission of the facts, the legal heirs of the then seller has filed caveat as well against the buyer.
N.K.Assumi
(Expert) 02 June 2023
Part payment made by the purchaser but vendor intentionally refused to register the contract, and legal heirs bound by the contract. Now, caveat filed by the legal heirs in what matter and in connection with what and where?
Prakash
(Querist) 02 June 2023
Caveat is filed under apprehension of the buyer filing suit for specific performance.
N.K.Assumi
(Expert) 03 June 2023
Very good, let the caveat preemptor serve your purpose.
T. Kalaiselvan, Advocate
(Expert) 03 June 2023
Yes it appears to eb a caveat emptor issue.
caveat emptor is the lack of a warranty or guarantee for an item purchased "as is" from a private seller. In this case, the buyer takes full responsibility for any issues that may arise with the product and there is no guarantee from the seller that it will meet their expectations.
Since the issue is badly barred by limitation, if the legal heirs of the deceased vendor agree on a compromise note, the buyer can utilise the opportunity.
