Limitation period to file suit on unregistered sale deed
S. Lakshmanan
(Querist) 18 December 2017
This query is : Resolved
Please let me know the limitation period to file a performance suit on an unregistered sale agreement dated 05 10 2014 in coimbatore, tamilnadu
S. Lakshmanan
(Querist) 18 December 2017
The agrt is for 3 months period
Kumar Doab
(Expert) 18 December 2017
You have posted 3 months performance period.
Has the performance been refused also?
If yes, post date of refusal.
Kumar Doab
(Expert) 18 December 2017
Also confirm if the sale consideration as in agreement has been paid !
S. Lakshmanan
(Querist) 19 December 2017
Yes, the performance has been refused immediately after the expiry date of the agrmt and till date by the seller.
The sale agrmt amount is 22. 50 lakhs
Amount of adv is 3. 00 lakhs
Balance amount is 19. 50 lakhs
The seller is not accepting the bal amt till date, and
He has not return the adv amount so far.
Can i go for filing of performance suit now.
The limitation period remains upto which date.
Pl guide me, Sir
P. Venu
(Expert) 19 December 2017
The query lacks clarity. What is meant by unregistered sale deed?
Bhaskaran Advocate
(Expert) 19 December 2017
Article 54 of the Limitation Act says that the limitation for filing a suit for specific performance shall be three years. Limitation shall start running from the date of expiry of the time, if any, stipulated in the agreement. If no time is prescribed, from the date on which the purchaser gets notice that the performance is refused.
From the same, it is obvious that if any specific date is fixed as the date on or before which the sale transaction should be completed, then limitation for filing the suit for specific performance shall be three years from such date.
If there is a clause in the agreement prescribing a period within which the transaction is to be completed, then the LIMITATION for filing a suit for specific performance shall start running from the expiry of the said period.
Bhaskaran Advocate
(Expert) 19 December 2017
To clarify still in easy terms in your case you got notice of refusal so you can file Specific Performance suit within 3 years from the receipt of that notice.
Kumar Doab
(Expert) 19 December 2017
Same Query:
http://www.lawyersclubindia.com/experts/Limitation-period-to-file-suit-665886.asp
Kumar Doab
(Expert) 19 December 2017
You may sum up the responses by Mr. Bhartesh Goyal, Mr. Azhagananth, Mr. D.Bhaskaran in both threads.
Kumar Doab
(Expert) 19 December 2017
You may respond to points raised by Mr. P.Venu.
Bhaskaran Advocate
(Expert) 20 December 2017
P.Velu's query is with regard to the title of this post/doubts. The party has been negligent in posting this question as far as the title is concerned.
