Jayaditya reddy (NA) 17 July 2017
My agreement for sale end in 5 days from now. Owner not able to get the flat released from municipality mortgage. In the clause "if the vendee is deprived of whole or any part of account of any defect in vendor title the vendor shall indemnify and compensate the vendee against the same".Owner donot want to write the aggrement again. Can I claim the advance amount if agreement date expires? If yes how many days can I wait?
Advocate Bhartesh goyal (advocate) 17 July 2017
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 July 2017
Article 54: (Art. 113 of the Act of 1908):
The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.
Siddharth Srivastava (Advocate) 17 July 2017
If there is any date of performance then wait till expiry of such date otherwise claim your paid amount along with interest and damages immediately on expiration of term of agreement.
Ms.Usha Kapoor (CEO) 18 July 2017
Wait till time for performance of agreement expires.After that claim your advance + interest + damages from the violator of the agreement.
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