ravisharma 18 February 2017

Specific performance

I have purchased a property 5 years back in rajasthan. That time me and seller did an agreement on 100rs stamp stating that he has received full payment and will register land in my name within two months. But soon after he was arrested in several criminal cases and is in jail till date. I am planning to file suit for specific performance against him. My queries are:- 1. Can an unregistered agreement be ground for specific performance. 2. Can a suit for specific performance can be decided ex party or if the culprit is in jail?

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 18 February 2017

1. Yes, an unregistered agreement can be a ground for specific performance.

2. A suit can be filed against a convict in jail. And why exparty? A convict can appear in the court through his advocate and defend himself.

SACHIN AGARWAL (ADVOCATE) 18 February 2017

I think suit for specific performance cannot be filed on the basis of unregistered Agreement to Sale in Rajsthan. Please check with some local lawyer.

Kumar Doab (FIN) 18 February 2017

Is the seller willing to register!

Examine the following prespective;

PART VI : OF PRESENTING DOCUMENTS FOR REGISTRATION

33. Power-of-attorney recognisable for purposes of section 32

PROVIDED that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely-

(ii) persons who are in jail under civil or criminal process; and

PART VII : OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES

38. Persons exempt from appearance at registration office
(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or

(b) a person in jail under civil or criminal process

https://dolr.nic.in/acts&rules/registrationact(1908).htm