LE­GAL REME­DIES

HT Estates - - Front Page -

re­spon­si­bil­i­ties set out in the con­tract. To seek spe­cific per­for­mance of ATS, the buyer should not have de­faulted on or breached the con­tract him­self. For ex­am­ple, where the buyer him­self has breached the con­di­tion of mak­ing full and timely pay­ment of ad­vance sale price, the court may not grant the buyer re­lief of spe­cific per­for­mance in his favour. The buyer should also be able to demon­strate his con­tin­ued readi­ness and will­ing­ness to per­form his obli­ga­tions con­tained in the ATS.

Whether or not the ATS is re­quired to be reg­is­tered as per the In­dian Reg­is­tra­tion Act, 1908, is also a fac­tor that courts con­sider. Whether or not an ATS re­quires com­pul­sory reg­is­tra­tion de­pends on le­gal pro­vi­sions of the state in which the prop­erty is lo­cated. Not reg­is­ter­ing an ATS

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