A.
Dear Client,
Your query lacks information to respond to it properly. An Agreement to sell does not confer title or ownership of immovable property from the seller to the buyer unless a deed of sale is registered in favour of the buyer by the seller. You did not disclose the date of the execution of the sale agreement between your father and the owner of the land. 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, then from the date the plaintiff has notice that the performance is refused. So, if the limitation period has not expired yet, your father can file a civil suit against the land owner for specific performance under Section 10 of the Specific Relief Act, 1963 before the Civil Court having jurisdiction over the suit property, claiming an order for specific performance of the said agreement along with compensation for damages caused for breach of contract or agreement. Consult with an Advocate for tailored advice and steps to navigate the issue in the right way.
Posted On 24-Apr-2025
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