Sec. 52 of transfer of property act as amended for maharashtra
sandeep jain
(Querist) 07 March 2012
This query is : Resolved
Dear friends,
Please provide me the format for registration of suit as provided under section 52 of Transfer of property Act ( Maha. amendment)
Deepak Nair
(Expert) 07 March 2012
Are you an advocate??
If not, then appoint a lawyer to do the needful for you.
ajay sethi
(Expert) 07 March 2012
no ready made drafts . contact a lawyer .
Nadeem Qureshi
(Expert) 07 March 2012
Dear Mr. Jain
I agree with Experts
Sankaranarayanan
(Expert) 07 March 2012
Then u find the kannon india website. Or other website
Shantilal Pandya
(Expert) 10 March 2012
subject to any state rule , get a certified copy of the plaint make an endorsement on the copy about pandancy of the suit in the form of a notice sign it and get it registered with the registry
sandeep jain
(Querist) 14 March 2012
I wants to file a suit for specific performance of contract against A who was the original ownner of suit property. A has sold out the suit property to B. So whether I need to claim a additional relief of cancellation of sale deed against B and under which provision. Pls suggest the answer with case law.
Shantilal Pandya
(Expert) 14 March 2012
you need not pray for cancellation of the sale deed , you have no legal status to ask for cancellation of the sale deed in which you are not a party , if you do that you will be made to pay for court fees on the entire amount of consideration, that too for non sustainable relief, you have to simply ask for a declaration that the sale deed does not bind you and that your rights are unaffected by the sale deed and for consequential relief for possession etc.
V R SHROFF
(Expert) 14 March 2012
u hv to pay full court fee, go for specific relief, for cancellation of b's deed, and go with ur sale deed.
Once Profile shows him as Advocate, asking him again is out of place.
Shantilal Pandya
(Expert) 19 March 2012
Respected Shroffji and all
The plaintiff is not a vendor it is the third party who has transferred the property, only parties to the contract are bound by the contract, third party has neither locus standi to enforce terms of the contract, nor he can file a suit for cancellation of the contract of transfer ,
entire contract would not bind him, a person who is not a party to the contract cannot sue to get it cancelled
how ever only remedy under the the facts stated is to file a suit to declare the plaintiff as not bound by the contract, and that his rights to the property are not affected. and for such a declaration court fee on value of the property transferred is NOT payable .
Regards .
