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Specific performance

(Querist) 06 June 2010 This query is : Resolved 
A entered into agreement of sale of agriculture land and had paid some advance to B and balance willing to pay with in two months after two months B unwilling to come forward for registration what is time to issue a notice and after that what is the time to file suit in the court
Arvind Singh Chauhan (Expert) 06 June 2010
Limitation is of 3 years from the date of cause of action.
Raj Kumar Makkad (Expert) 06 June 2010
If any particular date for registration has been got fixed then get marked your presence before registrar and then get the notice served and if the amount is still due to be paid in installments then also you may serve a notice immediately reminding B to collect the settled amount and provide its receipt and also remind him to come present on the particular date before registrar for the purpose of registration along-with entire relevant documents etc.

These notices should be got served immediately after coming to know about the intension of the opposite party otherwise there remain little chances in specific performance suit.
G. ARAVINTHAN (Expert) 06 June 2010
within any time of three years, notice may be sent and suit can be filed.

But before that limitation, you need to file a suit to avoid alienation of the property


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