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rajesh (self)     14 April 2013

Agreement , contract expert , please help

Dear experts please advise your suggestion regarding below matter.

 A and B makes an agreement. Time is mentioned and promises are written as well . B transfer the agreement to C , without notifying     A    before the time.  A         remained silence because of his family problem and remained in the possession and couldn't protest within the time agreed between A and B.

  Now one of the family member of A    has filed a suit for cancelation of agreement after a long lapse of time.   

 C also filed a suit for eviction and injuction .

 

Is there any relief for A  which may help in Indian Contract Act .

Advise very much appreciated.

Thanks



 8 Replies

Advocate Sastry (Advocate)     14 April 2013

What is the object of the agreenent... Give full details..

rajesh (self)     14 April 2013

Object is immovable property.

 A and B agrees together that if A pays money to B within the fixed time 5 years, he will return the papers to A. Just after 3 and half years B transfered the paper to C without telling A, whereas B agreed with A that he won't sell or transfer the paper to anyone within given time.

 Now A knew about this when the action was done already but could not protest within 5 years, moreover more than 10 years passed away .

 What can happen in favor of A.

 Any judgement in favor of A ?

Advocate Sastry (Advocate)     15 April 2013

OK.. What are terms of the Agreement.. Was it a mortgage by conditional sale. ? If you send me scanned copy of the agreement I can guide you suitably.. Also tell me is it a real incident or any text book problem.

rajesh (self)     16 April 2013

Sir I have sent you a PM , please read that and reply.

 Thanks


(Guest)

@Querist,

 

Wrong question.An agreement cannot be transferred to a third party.

 

Limitation period expired.Therefore,special circumstances must be referred as to why 'A' took so long to reach the court for relief to get his case submitted.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


rajesh (self)     18 April 2013

@ newS _ Know

Thank you for your reply sir.  Can you please put up any definition, judgement, or ruling on that agreement can not be transfered to the third party.

 How can I proof that  ?

 Please put up any solid proof so that I can show it.

 Thanks


(Guest)

@Querist,

 

There is no need to prove the fact that an agreement itself is not transferrable. The definition of agreement as per 'Indian Contract Act 1872' says that "Every promise and every set of promises forming the considertation for each other is said to be an agreement.".The parties in an agreement must be principal in nature meaning the parties involved in an agreement are said to be principal and stranger to this agreement has no business to accept or offer to one of the parties involved in such agreement.

 

My previous reply in this thread is still valid for your query.Although breach of promise has taken place but since Limitation period expired,challenging it will need special circumstance for this dely to favor the decision in side A.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

uttamtibrewal@yahoo.com (Advocate)     29 June 2014

Sir ..

need to see the agreement copy so that better advice can be made 


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