Specific performance act

This query is : Resolved 
 

(Querist)
17 September 2019

My father(as buyer) has entered into a sale agreement with say X for an immovable property in the year 2000 with a condition that the tenant in the said premises to be vacated by X. The sale agreement was registered in the Registration Office. My father died in 2013. Before his death, he has made over the agreement in my favour. The X has also died in 2014. The tenant has been vacated now. The legal heirs of the X is refusing to honour the sale agreement and demand for higher price now. Whether, I can sue the legal heirs of X to execute the sale under Specific Performance Act. Thanks to all Learned Experts for their opinion.


BAALASUBRAMANNYAMM (Expert)
18 September 2019

As per your version, a Sale Agreement was already registered by X in your father's name. And again you are saying that prior to your father's death, your father made an agreement in your favour. Now the legal heirs of X are demanding more amount. All these questions are not related to each other. So specify what is your doubt. You should clarify:
1. X registered Sale Deed or an Agreement of sale, in the name of your father. What document X has registered.
2. If it is an Agreement of Sale stands in the name of your father, he has no right to execute another agreement in your name by your father.
3. If a Sale Deed already registered by X in either your father's name or in your name, the legal heirs have no right to demand more money, now.

P. Venu (Expert)
18 September 2019

Facts posted suggests no cause for action.

sakthi (Querist)
19 September 2019

Learned Exprt Shri Balasubramniam, an Agreement of Sale was executed by my father with X. Before the death of my father, he has made an endorsement in the Agreement of Sale in my favour which was also registered. In the above circumstances, whether I can demand the legal heirs of the X to execute the Sale Deed in my favour on the terms of agreement executed by my deceased father and X. Please oblige. Thanks in anticipation.

SACHIN AGARWAL (Expert)
20 September 2019

Please specify that when the tenant vacated the said property

sakthi (Querist)
23 September 2019

I don't know the exact date of tenant vacation. It may be in the year 2015. I came to know the fact only in 2018. Please oblige.

Azhagananth (Expert)
02 October 2019

may i know all the terms in the Sale agreement.. especially, the period.. if possible please scan and update the agreement fully.

Dr J C Vashista (Expert)
03 October 2019

What did you do since the year 2014, if you were interested in purchase of the property under agreement?
Show the document of "agreement to sell" to a local prudent lawyer for proper analyses, guidance and proceeding.

sakthi (Querist)
08 October 2019

Much obliged by the replies of the Learned Experts.



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