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The Specific Relief Act, 1963
10 months ago
I had entered into an agreement with a builder to purchase a plot wherein builder will get the land registered in my name within 1 year. But builder is now telling due to partition problem in farmer's family he is not able to get the land registered in builder's name and subsequently get it registered in my name. He is telling me that the court hearing of next round is near with the legal heirs giving consent to a prescribed partition.
Land records show that land is legal and without any litigation except for partition. But the way things are proceeding it might take another 6 months but the 3 year period of the Specific Relief Act is expiring in 5 months.
So what legal steps can i take at this point to get the land registered in my name. and also i would like to know that The Specific Relief Act limitation of 3 years is calculated as per date the agreement is entered or the expiration of the agreement.
A.Dear Client,
In the given situation, a line of your query is hereby reproduced which states "Land records show that land is legal and without any litigation except for partition". So when a land record shows no decree or deed of partition of the land, it cannot be transferred or registered either in favour of the Builder or the Buyer. Based on such a status of the encumbrance of land, when an agreement or contract is executed between the parties, the Buyer cannot invoke the remedies available under the Specific Relief Act, 1963 to compel the Builder to register the disputed property in f/o. Buyer. Moreover, without being the owner of the land on the date of the agreement, Builder cannot enter into an agreement to sale of the said land to the Buyer who is held primarily responsible for deficiency in searching for the status of land as on the date of the agreement. Moreover, a builder got no role to play in the sale and purchase of the property between the land owner and the buyer until and unless an agreement for the development of land is executed between the Buyer and the Builder/Developer.
In view of the above lacunes and deficiencies involved in the matter, you should serve a legal notice to the Builder and file suit for specific performance against the Builder under Specific Relief Act as soon as possible before it is barred by limitation. You may also file a criminal suit against the Builder for cheating and abetment of fact u/s.420 and 107 IPC. Reach out to an Advocate ASAP for proper guidance and steps.
In the given situation, a line of your query is hereby reproduced which states "Land records show that land is legal and without any litigation except for partition". So when a land record shows no decree or deed of partition of the land, it cannot be transferred or registered either in favour of the Builder or the Buyer. Based on such a status of the encumbrance of land, when an agreement or contract is executed between the parties, the Buyer cannot invoke the remedies available under the Specific Relief Act, 1963 to compel the Builder to register the disputed property in f/o. Buyer. Moreover, without being the owner of the land on the date of the agreement, Builder cannot enter into an agreement to sale of the said land to the Buyer who is held primarily responsible for deficiency in searching for the status of land as on the date of the agreement. Moreover, a builder got no role to play in the sale and purchase of the property between the land owner and the buyer until and unless an agreement for the development of land is executed between the Buyer and the Builder/Developer.
In view of the above lacunes and deficiencies involved in the matter, you should serve a legal notice to the Builder and file suit for specific performance against the Builder under Specific Relief Act as soon as possible before it is barred by limitation. You may also file a criminal suit against the Builder for cheating and abetment of fact u/s.420 and 107 IPC. Reach out to an Advocate ASAP for proper guidance and steps.
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A.Dear client,
In your case, where the builder has not been able to fulfill their obligation to get the land registered in your name within the agreed-upon timeframe, you may consider the following legal steps:
Review the Agreement: Carefully review the agreement you entered into with the builder. Understand the specific terms and conditions related to the registration of the land in your name, any contingencies or force majeure clauses, and the consequences of non-performance.
Communicate with the Builder: Initiate a written communication with the builder, expressing your concerns and reminding them of their obligation under the agreement. Request updates on the progress of the partition problem and the anticipated timeline for resolution.
Seek Mediation: Consider proposing mediation to the builder as a means of resolving the dispute amicably. Mediation involves a neutral third party who can help facilitate negotiations and reach a mutually acceptable solution.
Consult a Lawyer: Engage a lawyer who specializes in property and real estate laws to review your case and provide you with specific legal advice. They can assess the details of your agreement, evaluate the impact of the Specific Relief Act, and guide you on the best course of action.
File a Lawsuit: If all other avenues fail, you may consider filing a lawsuit against the builder for specific performance. This legal action seeks a court order requiring the builder to fulfill their obligations under the agreement, which in this case would be getting the land registered in your name. Your lawyer can guide you through the process and represent your interests in court.
Regarding the limitation period under the Specific Relief Act, it is generally calculated from the date of the breach of the agreement or non-performance by the builder, rather than the expiration of the agreement itself
In your case, where the builder has not been able to fulfill their obligation to get the land registered in your name within the agreed-upon timeframe, you may consider the following legal steps:
Review the Agreement: Carefully review the agreement you entered into with the builder. Understand the specific terms and conditions related to the registration of the land in your name, any contingencies or force majeure clauses, and the consequences of non-performance.
Communicate with the Builder: Initiate a written communication with the builder, expressing your concerns and reminding them of their obligation under the agreement. Request updates on the progress of the partition problem and the anticipated timeline for resolution.
Seek Mediation: Consider proposing mediation to the builder as a means of resolving the dispute amicably. Mediation involves a neutral third party who can help facilitate negotiations and reach a mutually acceptable solution.
Consult a Lawyer: Engage a lawyer who specializes in property and real estate laws to review your case and provide you with specific legal advice. They can assess the details of your agreement, evaluate the impact of the Specific Relief Act, and guide you on the best course of action.
File a Lawsuit: If all other avenues fail, you may consider filing a lawsuit against the builder for specific performance. This legal action seeks a court order requiring the builder to fulfill their obligations under the agreement, which in this case would be getting the land registered in your name. Your lawyer can guide you through the process and represent your interests in court.
Regarding the limitation period under the Specific Relief Act, it is generally calculated from the date of the breach of the agreement or non-performance by the builder, rather than the expiration of the agreement itself
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