sanjeev kumar (cleark) 14 September 2015

Sale deed without posession

Hi friends, in my case of specific performance court has ordered execution of sale deed through court. But as posession was not mentioned in decree it is ordered that it will be decided later on after registration of sale deed. Now Jd has objected posession clause in draft sale deed. What to do now?.

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Adv. Digvijay R Singh (ADVOCATE-PRACTICING) 14 September 2015

either you should have prayed for possession in your suit which would have attracted court fees as per court fees act and now you have the option of fiing suit for possession based on title that will be of course to the law of limitation which is 12 years in case of suit for possession based on title...so get your title cleared by execution of sale deed... the JD cannot object of there being no possession clause as the decree is for execution of sale deed and it has to be executed...