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Specific performance - land sale agreement

Querist : Anonymous (Querist) 03 November 2021 This query is : Resolved 
Hello Learned members,

Unregistered Agreement states
June 9th 2017
To Whom it May Concern
This is to certify that Mr.Amritha has expressed an interest to purchase a portion of land.
We are willing to sell the said land, free of encumbrances at the agreed price of Rs. 13.0 Lakhs
Mr Amritha will upon acknowledgement and agreement by signing of this letter deposit a non-refundable deposit of Rs 1.0Lakhs towards the purchase of the land, the balance of which is to be paid by on or before July 8th 2017, being the expiration date of this offer.
Signed by
Mother Son

I agree with the terms and conditions of this offer
Signed Mr Amritha June 20th 2017
Caveat placed on property June 26th 2017, suit filed for specific performance
Defense: This agreement was in the mother and son personal capacity and not as personal representatives of the estate.
Question: What will be the action of the court on the agreement?
P. Venu (Expert) 03 November 2021
The wording of the agreement as well as the tone and tenor of the posting suggests an academic question or moot court issue!
Dr J C Vashista (Expert) 04 November 2021
The agreement can not be enforced as it has already expired on 20.06.2017 besides the fact it is barred by limitation on 04.11.2021 (today)
Advocate Bhartesh goyal (Expert) 04 November 2021
In addition to opinion expressed by Dr, Vashistha,It seems from query that agreement is not duly stamped, if agreement lacks of stamp duty then it is not admissible in evidence.
Querist : Anonymous (Querist) 04 November 2021
Thank you Learned members
I agree with Advocate Bhartesh goyal For Dr J C Vashista, I thought a suit for specific performance can be filed a with art54 3 years for specific performance even if todays date is 4.11.2021, , P.Venu is both an academic question and a moot court issue. my issue is on the personal capacity vs personal representative.
If the Probate will states "vests in the personal representative of the said intestate"
Claimant has to prove willing and part performance
Can the contract be performed in personal capacity?
How will the court calculate loss on sale from the defendants as a caveat was placed?
P. Venu (Expert) 05 November 2021
The above posting confounds the facts as well the issue, if any. What is the relevance of probate? The original posting does not make mention of any Will!
Querist : Anonymous (Querist) 06 November 2021
Hello P.Venu
My error, the probate was added to justify the agreement as personal representatives instead of personal capacity. As no one main mention if the agreement could be done in a personal capacity.
P. Venu (Expert) 06 November 2021
What prevents you from posting the complete facts? This platform is meant for realtime queries, not riddles.


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