Specific Performance
Chetan
(Querist) 07 March 2010
This query is : Resolved
My client had entered into agreement of sale with X person in 1981. In that pwriod he got possession. the date was fixed for executing the sale deed in faour of my client.
On the fixed date the seller did not come and therefore my client made an affidavit through Registrar about his presence.
The seller died in 2007. Now the son of seller had made an application for the mutated the house in his name
(whereas since 1981 the property is in my possession and I had altered & made further construction)
What Shall I do ?
whether I call all the legal heirs of seller to execute the sale deed in my favour ?
Pls provide advise with case laws .......
Parveen Kr. Aggarwal
(Expert) 07 March 2010
As per Article 54 of the Schedule appended to the Limitation Act, 1963, a suit for specific performance of a contract can be filed within three years from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.
In your case, suit for specific performance of the agreement to sell is already time barred. So, your client cannot call all the legal heirs of seller to execute sale deed in his favour.
Y V Vishweshwar Rao
(Expert) 07 March 2010
It appeara the entire sale consideration is paid possession was delived in the year 1981 and he has been in possession for period of 27 years till the date of death of Vendor . You can demand the legal heirs to execute and Register the sale deed . You are entited to hold the proerty as purchaser and can get a decree for Injunction
File objections to the Mutation application of the legal heirs of the Vendros .You can also obtain injunction orders agaisnt the Muncipality and legal heirs of vendor not to mutate the property in the name of Lrs of Vendors .
Kumar Thadhani
(Expert) 07 March 2010
File mutataion application before Tahsildarand ask for injunction orders against the local board or muncipality and the legal heirs for not mutation of names.
niranjan
(Expert) 07 March 2010
I agree with Mr. Rao.When part performance is done, the seller cannot act otherwise.
B K Raghavendra Rao
(Expert) 07 March 2010
As the agreement to sell has been entered into with possession, the agreement should have been registered with the Sub-Registrar with stamp duty applicable for conveyance for the market value of the property. The sale deed has not been executed. Therefore, legal heirs of the deceased have their right and title over the property. Now, sale deed has to be executed if the property has to be transferred to the name of the purchaser.
Specific performance is the only answer. But it is time barred as Sri Parveen has pointed out. Your agreement to sell is defective as proper stamp duty is not paid.
You may issue a legal notice and hope for the best.
