Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adv. Subhadeep Saha (Lawyer.)     04 June 2011

Transfer of immovable property.

In my case, my client & his deceased brother's family(consisting of brother's widow, one unmarried adult son & 3 married daughters) get their joint property partitioned last year. The property so partitioned consists of a house property, a plot & a pond. As per the partition deed my client got half of the pond & brother's family got rest half. Now both the parties wanted to sell the pond jointly as no purchaser was interested to purchase half of the pond. So they contracted with one person to sell the pond together. Accordingly agreement to sale was made 2 months ago & 1 lac rs. was paid as advance by the vendee. Now when everything is ready to finally convey the pond to the vendee, vendee has already purchased stamp worth 60000/- rs and deed has also been drafted , 1 of the 3 married daughters of the deceased brother of my client is denying to execute the sale deed of the pond. . She is demanding 5 lacs rs. cash or her share in the house property, otherwise she will not sign.Whereas at the time of signing agreement to sale she never raised such demands. Now except her, all the remaining vendors want to sell the pond to the vendee. What is the remedy available to my client if they want to convey the pond to the vendee as agreed? Can the vendee obtain a decree of specific performance against the vendors to convey the pond?



Learning

 2 Replies

Advocate M.Bhadra   04 June 2011

Buyer may file a suit for Specific Performance of Contract or  others vendors may proceed to execute a Deed leaving the portion of the said dayghter,though the property is in undivided nature.

SACHIN AGARWAL (ADVOCATE)     13 June 2011

The interested vendors may execute the sale deed and the vendee can file a suit for Specific Performance against the other vendors.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register