Legal Question in Real Estate Law in India
Specific Performance of Contract under Property Law
i have purchased a property in 1964 by executing an Agreement for Sale. I have paid the total consideration to the Vendor whereas the Vendor has put me in possession. However, i have not sought the sale deed from the Vendor. Now if i want to seek conveyance do i have to seek specific performacne of the contract? Will the Vendor take the defence and refuse the execution by claiming that it is hit by the law of limitation though he has performed his part of the contract by giving me the possession? Can i get a relief under the principles of law of equity
4 Answers from Attorneys
Re: Specific Performance of Contract under Property Law
If you are in possession since 1964 as owner, you may claim ownership also by adverse possession. The vendor may refuse to register the sale deed and you may file a civil suit for declaration of your title.
Re: Specific Performance of Contract under Property Law
Limitation aspect needs to be checked with all the facts and circumstances. Thereupon, one may decide whether to go for specific performance or a suit declaring title by prescription.
Re: Specific Performance of Contract under Property Law
Hello.
Good Afternoon!
Yes you have to seek conveyance from Specific Perfomance of the contract.
You may consult a local lawyer and initiate proceedings.
In case of need please contact personally alongwith the details.
OR
For further query please mail.
Re: Specific Performance of Contract under Property Law
Sir,
As mentioned by you above you are in possession of the said property since 1964 i.e. more than 12 years, which is required as per law for getting ownership of any private property.
As per law, if you have a peaceful possession of a private property and there has been no hinderence then you can prove your ownership.
For seeking conveyance first you can sell off this property to any of your family member and thereafter you can get a sale deed in his/ her favour.
KINDLY NOTE THAT THIS IS JUST A POSSIBILITY FOR EXACT ANSWER YOU WOULD NEED TO GET BACK WITH ALL THE DETAILS.
Revert back in case of any details requisite in addition.
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