SUBRATA BISWAS (ADVOCATE) 21 February 2018
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
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
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
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
R.Ramachandran (Advocate) 21 February 2018
What will you do if limitation expires for seeking specific performance?