Prakash 30 May 2023

Liability in specific performance

Specific performance of contract entered into in 2009, the registration delayed by the seller and in the meanwhile the seller died, can the recipient as per the agreement can sue the legal heirs of the deceased seller ?

Reply Follow

Quick Summary

This discussion explores whether a buyer can pursue specific performance of a contract when the seller dies before registration, and the registration was delayed. The consensus is that if the agreement explicitly includes legal heirs, then a lawsuit for specific performance can indeed be filed against them. The question of whether the limitation period applies in such circumstances is also raised.

2 Replies

Real Soul.... (LEGAL) 31 May 2023

if there is agreement to sell and the Agreement states that the seller shall include its agents, legal heirs etc then yes, you can sue them for specific performanace. Just file the suit for specific performance against the legal heirs of the deceased.