Specific relief act and registration act
Anirban Gope
(Querist) 13 August 2013
This query is : Resolved
As one of the co-sharers is unwilling to perform and the other co-sharer, is willing to convey the title of his undivided share to me. Prior to that By a registered Agreement for sale both the co sharers agrees to sell. Now can I proceed with sale deed for 1/2 of share and get the sale deed registered. And thereafter Can I filed a suit for Specific performance of Contract aganist the other co shareas by virtue of the said registered agreement for sale.
Dr. Jyothi Vishwanath
(Expert) 13 August 2013
You file for specific performance now only making both of them party. First purchasing half share and later filing suit makes no sense.
Anirban Gope
(Querist) 13 August 2013
I dont want to file suit aganist the coowner , who willing to sell her portion. I just want to realease her and proceed aganist the other. Is it permissibile. I do not find any suitable anaswer.
prabhakar singh
(Expert) 13 August 2013
QUESTION:'Now can I proceed with sale deed for 1/2 of share and get the sale deed registered.'
ANSWER:YES!YOU CAN.
QUESTION: And thereafter Can I filed a suit for Specific performance of Contract against the other co sharer by virtue of the said registered agreement for sale.
ANSWER:YES!YOU CAN DO THAT ALSO.
Dr. Jyothi Vishwanath
(Expert) 13 August 2013
What type of property it is. Land or building. What is nature of rights of co-owners in that property.
Dr. Jyothi Vishwanath
(Expert) 13 August 2013
What manner they are co-owners?? are there shares in the property demarcated?
Anirban Gope
(Querist) 13 August 2013
Some times ago Mr. A is the owner. After the demise of Mr. A his two sons C & D became the owners. After that one E purchased the portion of C and thus E & D became the owners. both e & D entered registered agreement for sale with me. Now E denies to Sale. In the mean time D dies and his legal heirs step into his shoes. Now the legal heirs want to sell thier portion by virtue of the said Registered Agreement for sale.
Anirban Gope
(Querist) 13 August 2013
Dear Mr. Singh,
Please clarify
Dr. Jyothi Vishwanath
(Expert) 13 August 2013
Looking at the nature of their ownerships, you can buy share from one co-owner and file suit for specific performance against the other.
Anirban Gope
(Querist) 13 August 2013
Can you please refer any citation or specific provision regarding that
Dr. Jyothi Vishwanath
(Expert) 13 August 2013
Citation is required in weak cases. Your case is strong. So file the case and register half share if you want to enter legal battle in court.
prabhakar singh
(Expert) 13 August 2013
IT IS NOT A QUESTION OF CITATION.
IT IS SIMPLY A MATTER WHERE OUT OF TWO CO-SHARER ONE IS WILLING TO PERFORM AND THE OTHER IS DESIRING BREACH,AND PROPOSED BUYER IS WILLING TO PERFORM HIS PART WITH BOTH, THEN PROPOSED BUYER HAS CAUSE OF ACTION ONLY AGAINST PROPOSED SELLER REFUSING TO SALE AND
NOT AGAINST ONE WHO IS WILLING TO SALE.
IT IS CRYSTAL CLEAR ASPECT.
THE PROPOSED BUYER SHOULD SEND A NOTICE FIXING A DATE OF REGISTRATION CALLING HEIRS OF D AND E ON SUB REGISTRAR OFFICE.HEIRS OF D WOULD TURN UP AND WOULD EXECUTE THEIR SALE DEED AND GET IT REGISTERED.
NOW CAUSE OF ACTION AGAINST E TO SUE FOR SPECIFIC PERFORMANCE HAS ARISEN IN FAVOR OF
PROPOSED BUYER AND HE CAN VERY WELL SUE.
THERE IS NOTHING LIKE CONFUSION TO LOOK FOR ANY CITATION.
