Legal Question in Criminal Law in India

notice under specific perfomance

whether it's mandatory to give legal notice before filing a suit under specific performance act.if it's yes what is the option left to the buyer If the seller tries to sell the property to some other party urgently in an unregistered agreement of sale when there is no time left?


Asked on 3/29/08, 1:12 am

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: notice under specific perfomance

It is not mandatory to give notice before filing a suit under specific performance act

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Answered on 3/29/08, 11:35 am

Re: notice under specific perfomance

Yes,notice is must.Lodge a police complaint and then file suit for injunction.

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Answered on 3/29/08, 1:06 pm
Parmanand Sharma Sharma

Re: notice under specific perfomance

Notice before filing the case is not necessery

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Answered on 3/29/08, 10:44 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: notice under specific perfomance

Notice is not mandatory. If sufficient knowledge of refusal of one of the parties to the contract can be proved, one can file a suit without any notice.

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Answered on 3/29/08, 1:41 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: notice under specific perfomance

Notice is not mandatory in this case you may file a suit under specific perfomance act.

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Answered on 3/29/08, 8:08 am


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