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Parvez Ansari (None)     15 January 2015

Specific performance against a expired person or one dies in

I have 2 queries w.r.t immovable property?
Can one file specific performance case against a person who has expired ? or enforceable against heirs of the deceased w.r.t. to some property?

What if a defendant in specific performance case dies amidst of the case, can it be enforceable to his heirs?

 

 

Regards



Learning

 6 Replies

Jai Karan Nagwan (consultant)     15 January 2015

Will continue against LR

Anand Bali Adv. (Advocate Solicitor & Consultant)     15 January 2015

Yes ! It is like rights and liabilities go along with or flowers with thorn theory . Legal Representatives who are Legal heirs only will be taken within  the ambit of same case as defenders and will be liable for obeying any judgement order of the court.

Parvez Ansari (None)     15 January 2015

Thanks sir,

Best Regards

Biswanath Roy (Advocate)     18 January 2015

In reply to your first question my opinion is Suit for Specific Performance of Contract cannot be filed against a dead person. Secondly, if the contractual party dies  the obligation of contract automatically goes upon the legal heirs , asignees, executors and nominees if  it was categorically and expressly written  within the contract that the obligations referred to also enforceable to such persons (Ref : T. M. Balakrishna Mudalier vs. Satyanarayana Rao AIR 1993, SC 2449, Habiba Khatoon vs. Ubed ul Haque AIR 1997, SC 3236)

T. Kalaiselvan, Advocate (Advocate)     18 January 2015

the LRs may be impleaded as party to the proposed specific performance suit upon the death of the actual party to the contract. This applies to the death of the defendant who dies during the pendency of the suit.

Biswanath Roy (Advocate)     19 January 2015

Supreme Court cases as referred to in my post above is the final and conclusive position to this query. Further  comment contrary to, and/or directly or indirectly reversal to the verdict of the Hon,ble Supreme Court is bad.


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