Section 52 of the Transfer of Property Act, 1882 [“the Act”] embodies the doctrine of Lis Pendens which states that during the pendency in any court of any suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to… Continue reading Doctrine of Lis Pendens vis-à-vis Specific Performance
Tag: Specific performance
Admissibility of Unregistered Sale Deed in a Suit for Specific Performance
It is a settled position of law that an agreement to sell, of itself, does not transfer ownership rights or confer title upon someone with respect to an immovable property. Section 54 of the Transfer of Property Act, 1882 very categorically stipulates that a contract for sale, does not, of itself, create any interest in… Continue reading Admissibility of Unregistered Sale Deed in a Suit for Specific Performance
Essence of Time in cases of Immovable Property
In matters relating to immovable property, there is a general presumption that time is not the essence of contract i.e. there is no time limit per se within which the contract relating to an immovable property is to be performed. The aforesaid position of developed in the first half of the twentieth century when prices… Continue reading Essence of Time in cases of Immovable Property
Determinability of Contracts under Specific Relief Act, 1963
Section 14 of the Specific Relief Act, 1963 [“the Act”] sets out classes of contracts which are not specifically enforceable under the Act viz.- Where a party to the contract has obtained substituted performance of contract in accordance with the provisions of Section 20; A contract the performance of which involves the performance of a… Continue reading Determinability of Contracts under Specific Relief Act, 1963