Limitation for specific performance against legal heirs

sangameswar (Querist) 09 February 2018 This query is : Resolved
What is the Limitation period for Specific performance against legal heirs of the deceased owner(seller) w.r.t. to immovable property?. Please quote the law with case laws if any.Thank you.

Follow Query

Report Abuse

Advocate Bhartesh goyal (Expert) 09 February 2018
Three years limitation from the date of agreement ( oral or written ) or three years from deniel to execute the sale deed.

Ms.Usha Kapoor (Expert) 10 February 2018
3 years LIMITATION FROM THE DATE OF AGREEMENT oral or written For SPECIFIC PERFORMANCE OR 3 YEARS FROM DENIAL TO EXECUTE THE SALE DEED.

Ms.Usha Kapoor (Expert) 10 February 2018
3 YEARS LIMITATION FROM THE DATE OF AGREEMENT ORAL OR WRITTEN FOR SPECIFIC PERFORMANCE OR 3 YEARS FROM THE DATE OF DENIAL OF SALE DEED.

sangameswar (Querist) 10 February 2018
Is death of owner will be taken as date of denial. How Does death of owner affects limitation period?

Ms.Usha Kapoor (Expert) 10 February 2018
From the date of death of owner limitation starts to run if date of death of owner is taken as denial.

Guest (Expert) 10 February 2018
Academic query in the absence of appropriate background of the case. Actual denial by the legal heirs is a must.

Guest (Expert) 10 February 2018
Date of death of the owner has no relevance with the denial for specific performance, if the agreement was still valid on the date of his death and the owner had never denied for the performance on due date when alive. Denial of specific performance on the part of the legal heirs of the deceased owner can also not be assumed without knowing their intention to refuse specific performance within the agreed date.

Better discuss the case history of the case, including your efforts to get the performance enforced and result there of. No use of making any vague query without case history and other relevant background.