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SUBRATA BISWAS (ADVOCATE)     21 February 2018

POWER OF ARBITRATOR TO CANCEL GIFT DEED MADE IN VIOLATION OF AGREEMENT

 1)Agreement to Sale with Arbitration clause entered.consideration money given. and possession is given to buyer.
2) Agreement to sale bars any kind of transfer by seller.
3) Afterwards Seller gifted that property to his family member.
4) Can arbitrator order seller to execute sale deed?
6) Can arbitrator order for cancellation of gift deed which was in violation of agreement to sale.
7) Can arbitrator order registrar to cancel gift deed?
8) What remedies available to buyer except those remedies.


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 9 Replies

R.Ramachandran (Advocate)     21 February 2018

1. Before asking such questions, first indicate whether you are buyer or seller.

2. What is the dispute for which Arbitrator needs to be appointed?

3. Whether any arbitrator has been appointed? And at whose instance?

4. Whether the buyer has approached the court for specific performance?

SUBRATA BISWAS (ADVOCATE)     21 February 2018

I am for buyer.I want award for a) Execution of sale deed b) Cancellation of subsequent gift deed

R.Ramachandran (Advocate)     21 February 2018

One more thing, whether the Agreement to Sell is a Registered one or not?

SUBRATA BISWAS (ADVOCATE)     21 February 2018

it is dated before 2001 and not registered

R.Ramachandran (Advocate)     21 February 2018

You are in a catch-22 situation.

Now what is the dispute for which you will be approaching the arbitrator?

Did you approach the Seller for execution of the Sale Deed?  Did he refuse?  When did he refuse?  Have you limitation to file for specific performance?

If you recognise the Gift Deed - then the question would be when did you come to know about the Gift Deed?  Whether you have limitation to seek its cancellation?

If you are in possession, did the donee approach you and tried to disturb you from your possession?

There are several questions which require answer before you could proceed any further.  Any misstep will harm you.

It is not simplicitor appointment of arbitrator and seeking relief.  If the arbitrator is not capable of passing certain orders, then just because there is an arbitration clause it does not mean one has to approach an arbitrator.

SUBRATA BISWAS (ADVOCATE)     21 February 2018

buyer approached to seller for registration but he refused.Limitation exist for specific relief.

Buyer recognized gift at the time of Arbitration.Limitation exist to file cancellation.


Donee tried to disturb possession.

R.Ramachandran (Advocate)     21 February 2018

If limitation to sue for specific performance exists, why don't you adopt that route?

SUBRATA BISWAS (ADVOCATE)     21 February 2018

Arbitration clause is Incorporated... both parties want Arbitration

R.Ramachandran (Advocate)     21 February 2018

What will you do if limitation expires for seeking specific performance?


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