Legal Question in Real Estate Law in India
If an Agreement to sell is executed between a seller and buyer and no sale deed was executed within the limitation period of 3 years from the date of execution of Agreement to sell and a civil suit for specifc performance is filed after the expiry of limitation period of 3 years by the buyer in the Agreement to sell , does it hold any value ? Which section of Indian Penal Code favours the buyer since the period has been prescribed in Schedule to the Act as12 years for suits relating to possession of immovable property .
1 Answer from Attorneys
in case the suit is not accompanied with an application for condoning the delay in filing the same, the suit for specific performance may be dismissed due to limitation. 12 years limitation period is for seeking possession of immovable property and not for the suit for specific performance of an agreement.
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