I found that wrong flat number is mention in the deed
2 weeks ago
I purchased a property in 2009 and after 15 years, I found that wrong flat number is mention in the deed even that size of flat not exist in that floor, When I contacted to vendor for rectification, it seems he is not interested to rectification, I have paid all amount in his name during registry which is more than 9 lakhs mentioned in registry paper.
Now what option I have, I was the first owner of that flat from local builder,
following papers with me:
1-Registration deed/agreement paper/copy of cheque,
2-connection of electricity and water but the add is mentioned of the building name not floor,
3-Aadhar card/RC correct floor mention
4-stayed in that flat 7 years and still in possession of me.
5- copy of payment receipt of water department, vendor paid and correct add mentioned there after that transfers to me but now building add not mentioning the name of floor.
A.Dear Client,
When parties enter into a contract, they are obligated to fulfill their respective promises. If one party fails to uphold their obligations according to the contract terms, the aggrieved party can seek specific performance of the contract. Specific performance is a remedy provided by the court, compelling the completion of contractual obligations. Section 12 of the Specific Relief Act, 1963 addresses specific performance of part of a contract. According to Section 12(2), if a party is unable to perform the entire contract but only a small part of it remains unperformed, which can be compensated monetarily, the court may direct specific performance of the feasible portion and award compensation for the deficiency.
The limitation for filing a suit for specific performance is governed by Article 54 of the Limitation Act, 1963, which stipulates a three-year period from the date fixed for performance or from the date the plaintiff becomes aware of the defendant's refusal to perform, if no fixed date exists. When no specific date is set for performance, the court determines the date when the plaintiff was informed of the defendant's refusal.
In the given situation, if the vendor refuses to rectify the anomalies in the sale deed despite receiving a legal notice, the next step would be to file a civil suit for specific performance against the vendor in the Civil Court, seeking appropriate relief.
When parties enter into a contract, they are obligated to fulfill their respective promises. If one party fails to uphold their obligations according to the contract terms, the aggrieved party can seek specific performance of the contract. Specific performance is a remedy provided by the court, compelling the completion of contractual obligations. Section 12 of the Specific Relief Act, 1963 addresses specific performance of part of a contract. According to Section 12(2), if a party is unable to perform the entire contract but only a small part of it remains unperformed, which can be compensated monetarily, the court may direct specific performance of the feasible portion and award compensation for the deficiency.
The limitation for filing a suit for specific performance is governed by Article 54 of the Limitation Act, 1963, which stipulates a three-year period from the date fixed for performance or from the date the plaintiff becomes aware of the defendant's refusal to perform, if no fixed date exists. When no specific date is set for performance, the court determines the date when the plaintiff was informed of the defendant's refusal.
In the given situation, if the vendor refuses to rectify the anomalies in the sale deed despite receiving a legal notice, the next step would be to file a civil suit for specific performance against the vendor in the Civil Court, seeking appropriate relief.
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A.Dear Client,
The parties in a contract are bound to fulfill their reciprocal promises in the contract. When either of the parties does not fulfill its obligations as per the terms of the contract then the party to whom the breach is so caused shall sue for specific performance of a contract. It is an equitable relief given by the court in the form of an award for the completion of the performance of a contract. Sec 12 of the Specific Relief Act, 1963 deals with the specific performance of part of a contract. As per Sec.12(2) of the Act, (2) where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed be only a small proportion to the whole in value and admits of compensation in money, 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. The limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years 'from the date fixed for performance or if no such date is fixed, when the plaintiff has notice that the performance is refused by the defendant. When no time is fixed for performance, the court will have to determine the date on which the plaintiff had notice of refusal on the part of the defendant to perform the contract. So, in the given scenario, when the vendor is not interested in rectifying the anomalies in the sale deed, serving a legal notice to the vendor, you should file a civil suit for specific performance against the vendor before the Civil Court seeking appropriate relief in the matter. Reach out to an Advocate experienced in civil matters for guidance and steps
The parties in a contract are bound to fulfill their reciprocal promises in the contract. When either of the parties does not fulfill its obligations as per the terms of the contract then the party to whom the breach is so caused shall sue for specific performance of a contract. It is an equitable relief given by the court in the form of an award for the completion of the performance of a contract. Sec 12 of the Specific Relief Act, 1963 deals with the specific performance of part of a contract. As per Sec.12(2) of the Act, (2) where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed be only a small proportion to the whole in value and admits of compensation in money, 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. The limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years 'from the date fixed for performance or if no such date is fixed, when the plaintiff has notice that the performance is refused by the defendant. When no time is fixed for performance, the court will have to determine the date on which the plaintiff had notice of refusal on the part of the defendant to perform the contract. So, in the given scenario, when the vendor is not interested in rectifying the anomalies in the sale deed, serving a legal notice to the vendor, you should file a civil suit for specific performance against the vendor before the Civil Court seeking appropriate relief in the matter. Reach out to an Advocate experienced in civil matters for guidance and steps
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