astay (student) 12 January 2013
if "A" agrees to sale a property called "x" ,with "B" for a certain consideration,, and recived it fully but afterward refused to sale the same and to execute the sale deed.and "A" gifts the same property to his son,,
B filed the suit for cancellation of gift deed and specific performance of of the sale agreement...
what are the basis on which court can give the relief to B and what does the law says on it???
Advocate M.Bhadra 12 January 2013
Court may passed an order in favour of B,direct to A to execute a Deed of Sale and also damages and litigation cost,but B should have to file a case in Consumer Forum for speedy disposal of the case,proceeding under Civil Court may take lengthy process.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 January 2013
You need not have asked for the declaration as to the invalidity of the gift deed, you could have sought specific performance directly from the son. As per S.19 of the SRA such decree can be granted against person deriving interest from the original vendor.
I differ with Ld.Adv above when he says you can go to the Consumer Court, this seems to be a private contractual matter, the jurisdiction of consumer court is not attracted. It is not a case of builder/dealer/commercial entity committing deficiency of service.
Good Luck !
Bharat Chugh
astay (student) 14 January 2013
thnx... adv bharat chugh,, yeah in consumer courts it is not related as jurisdictional lack.. as it is a matter of contracual nature...i m given the assignment to find law in my favor "B" ,,, i m searching laws . what stand should be taken if i have already filed the suit for cancellation of gift deed and specific performance???
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