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sanjeev kumar (cleark)     26 March 2010

Specific Performance of agreement

Sir,

I have filed a suit for specific performance and I am plaintiff. Sale deed was to be executed on passing of court decree in his favor of her father will. Party refuses before passing of decree. My source of money was loan from employer for purchase of property.

Will that amounts to be sufficient proof of source of funds. Loan was not applied as title document in favor of seller was to prepared after court decree.

Regards   



Learning

 5 Replies

Suryanarayana Tangirala (Advocate)     26 March 2010

You neednot show the entire consideration amount with you to prove your readiness and willingness the intention/demand asking your vendor to come forward for exection is enough,you are not clear as you have appiled forhome  loan or if it if approved?i understand suit is already filed if not give proper input to your lawyer and he will take care of this issue/plea

NewDefendant (None)     27 March 2010

Sanjeev, think it depends on the terms of  your Agreement. If you have complied with all the terms of the Agreement and it was the vendor that abandoned the Agreement whilst you were ready and willing then you stand a good chance.

Was the sale deed to be executed after the vendor got a decree of the will in her favour? If the decree was not granted then how can the sale deed be  executed?

sanjeev kumar (cleark)     29 March 2010

Yes, Sale deed was to be executed after court decree. Seller refuses in written citing his personal circumstances as reason of delay but latter on filing of suit raised the question of readiness and willingness.

I was having two sources. 1. FD of complete sale amount required. 2. An employer loan of complete sale consideration though not applied because of lack of title document.

Apprehending his refusal, i bought an adjoin property before his official refusal but loan is still not utilized.

Now I am afraid if seller comes to know I bought another plot than how court can influence by seller with this issue and how to prepare my defense.  Case is in witness stage. My lawyer does not consider it a important point but I think it is.

 

MANISH SONI (LAWYER)     29 March 2010

helo sanjeev first of all never never say anything about your lawyer. . . .its a bad practise  . . . .newz  regarding ur case target date was yet to come and buyer refused before that so there is no occassion for you to show ready and willing and moreover after his refusal ur are immidiately filling suit for specific performance that is sufficient to show ready and willingness and theres a  direct t judgment of Justice Mahesh Grover on this. . 

sanjeev kumar (cleark)     30 March 2010

Dear Mr. Manish,

 I respect my lawyer and have firm belief in him and only want to have a second opinion in the matter.

Thanks for the reply. Can you more elaborate the case as I am unable to find it.

Regards

 


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