The sale contract may or may not lead to an effective sale of the property in question. Some stamp tax laws, such as the Maharashtra Stamp Act, consider that an agreement to sell a property on the same basis as a proper transport record, as well as a proper transport record, are subject to the same stamp duty as the one in force for the proper sale of a property. Under these provisions, which require the payment of stamp duty on a sales contract, a sale agreement is wrongly considered a good act of sale. He may not be able to enforce the sales contract unless the rents are wacky. The above definition shows that a purchase agreement contains a promise to transfer the property in question in the future under certain conditions. This agreement itself therefore does not create any rights or interests on the property for the proposed buyer. Sir with the sale, what kind of agreement was the same. present the document to the sub-registry lawyer in person. Sir, you must take legal action for certain benefits that give the property alternately to repay your money with interest. Three years is the restriction. Please give me rank 5 if you feel that my answers have also helped you – SUIT FOR SPECIFIC PERFORMANCE OF CONTRACTS Specific performance means fulfilling a promise made under a contract compliant with the contract. An action for compensation may be brought by any party, before a competent court, which has suffered a loss as a result of the other party`s non-compliance with the contract. Short equity can remedy certain benefits that are affected in the event of a breach of contract.
However, this cannot be sought as a right, as it is foreseen in the Satisfactory Assessment of the Tribunal. It is an alternative to the award of damages and is considered an appropriate remedy, often used in the form of requests for omission concerning confidential information or real estate. Section 16 (c) of the act instructed the applicant to prove, as evidence, that he had fulfilled his part of the contract or that he was prepared to perform his part of the contract. Clause (c) emphasizes the term “availability and will.” The most important condition on the part of the applicant is to sue for a special benefit. This clause provides that the person who aspires to a defined benefit must prove that he or she has met the essential conditions that he must meet or that he was willing and willing to meet the conditions set. In India, most specific performance combinations relate to the sale of real estate and, to some extent, to the transfer of shares. In a lawsuit for certain services, complainants must approach the court with clean hands. From the day of execution to the date of the decree, he must prove that he is ready and that he has always agreed to perform his part of the contract. This is the conclusion that the Tribunal should conclude in light of the applicant`s conduct before and after the application was filed.
The intention to make time the essential content of the treaty must be expressed in clear language. “In the case of the sale of real estate, time is never considered a contractual basis. The presumption is against time in the essence of the treaty. According to the law of equity for the rights of the parties to the specific performance of the real estate sale contract does not see the letter, but the content of the agreement. Where the contracting parties have indicated in the terms of a certain period of time, it is appropriate to ascertain whether the parties intended to conclude their transaction within a reasonable period of time. The expression of becoming an integral part of the treaty in a timely manner must be expressed in plain language. “With respect to the statute of limitations, the appeal for a defined benefit must be brought within a reasonable time, depending on the facts and circumstances of the case.