Property Seller refuse to share Development charges paid-NOC certificate Property Seller refuse to share Development charges paid-NOC certificate

2 months ago

I was purchased a home, During registration it was a clause that "NOC should be submitted during property registration. But after registration, seller refused to share NOC certificate. Please Guide.

Anik

Responded 2 months ago

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A.Dear Client,

If one party to a contract suffers damages due to a breach by the other party, they can choose to file a suit for specific performance under Section 16(c) of the Specific Relief Act, 1963. This legal action compels the breaching party to fulfill their contractual obligations. Section 12(2) of the same Act allows the court, if a party is unable to perform the entire contract, to order specific performance for the part that can be fulfilled, along with monetary compensation for any deficiency.

Article 55 of the Limitation Act specifies that the time limit for filing such a suit is three years from the date of the cause of action. To initiate this process, it is advisable to engage with a qualified advocate. They can assist in serving a legal notice to the breaching party (seller, in this case) and subsequently filing a suit for specific performance before a competent Civil Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance under Section 16(c) of the Specific Relief Act, 1963, compelling him to perform his part of the contract. Under Section 12(2) of the Specific Relief Act, 1963, where a party to a contract is unable to perform the whole of his part of it, the court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency. According to Article 55 of the Limitation Act, the period for filing the suit is within 3 years from the date of cause of action. Reach out to an Advocate for serving a legal notice to the seller and for filing a suit for specific performance against him before a competent Civil Court.
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