specific performance
T.Srinivas
(Querist) 11 June 2010
This query is : Resolved
Respected experts,
one of my client entered in to sale agreement with owner for purchase vacant site, he has paid full amount, owner executed a sale agreement and notarised GPA in favour of my client on 1998,the same year govt as stopped revenue site registation, from the date of agreement my client is in possession and have built a single room, till date tax has not paid, now after a long period my client approached the owner to execute neccessary registered deed in favour of him, the owner is asking some money for registration, pls suggest me what is remedy available to my client.
B K Raghavendra Rao
(Expert) 11 June 2010
Notarised GPA would not work for transfer of property. Any transfer of property shall be only by a registered document. The owner remains to be the owner even today as there is no conveyance taken place in accordance with law. You client has only one remedy: He has to negotiate with the owner and get the sale deed executed as otherwise chances of his losing the money already paid is brighter.
Kiran Kumar
(Expert) 12 June 2010
better negotiate the matter mutually, otherwise the liability of the owner will remain limited to the extent of amount mentioned in agreement to sell subject to the provisions of limitation act.
civil litigation in such kind of disputes is simply time consuming exercise.
adv. rajeev ( rajoo )
(Expert) 12 June 2010
On the basis of the agreement of sale if suit is filed such suit will be dismissed on the ground of limitation. Within 3 years suit will have to be filed. So in my opinion it is better to follow the advise given by Kiran KUmar.
Uma parameswaran
(Expert) 13 June 2010
Better to make a settlement with the owner.
T.Srinivas
(Querist) 16 June 2010
Respected experts,
my client somehow got the electricity(power) in his name and he built a single room, he let out the same for lease, is there any chance to my client file a suit for possession.
