LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I had en­tered into an agree­ment to sell in Jan­uary 2015 to pur­chase a plot. As per the agree­ment, the sale deed was sup­posed to be ex­e­cuted in my favour in July 2015. How­ever, the owner has been de­lay­ing the ex­e­cu­tion of sale deed in my favour on flimsy grounds. Is it too late for me to file a suit for spe­cific per­for­mance?

– Jayesh Mishra Un­der the Lim­i­ta­tion Act, 1963, the pe­riod of lim­i­ta­tion in a suit for spe­cific per­for­mance is three years. This pe­riod of three years will be cal­cu­lated de­pend­ing on whether the par­ties have spec­i­fied a date for per­for­mance of the con­tract in their agree­ments. As the agree­ment to sell in this case had fixed a date in July 2015 for ex­e­cu­tion of the sale deed in your favour, the pe­riod of lim­i­ta­tion of three years will also com­mence from July 2015. Thus, you may file a suit for spe­cific per­for­mance against the seller as cur­rently you are well within the lim­i­ta­tion pe­riod. My neigh­bour has blocked a sig­nif­i­cant por­tion of our com­mon cor­ri­dor in the build­ing, claim­ing it is for se­cu­rity rea­sons. Can he do so?

– Naveen Verma It is not per­mis­si­ble for any oc­cu­pant to un­law­fully re­serve any por­tion of an area de­mar­cated as com­mon ar­eas and fa­cil­i­ties for his/her per­sonal use. Gen­er­ally, cor­ri­dors are part of com­mon ar­eas and hence meant for com­mon use and en­joy­ment by all oc­cu­pants. I am stay­ing in a flat in Delhi that I have taken on lease for a pe­riod of five years. I have been re­sid­ing in the flat for six months now. Due to cer­tain un­avoid­able cir­cum­stances, the lease deed could not be reg­is­tered. Is it too late to get the reg­is­tra­tion of lease deed now?

– Ma­hesh Jain The time pe­riod for pre­sent­ing the lease deed for reg­is­tra­tion is four months from the date of its ex­e­cu­tion. As you have al­ready crossed the pre­scribed time pe­riod, you may still present the lease deed to the reg­is­trar for reg­is­tra­tion within four months from the ex­piry of the pre­scribed pe­riod. If the reg­is­trar is sat­is­fied with the rea­sons due to which the lease deed could not be pre­sented for reg­is­tra­tion within the pre­scribed peirod, then he may ac­cept the lease deed for reg­is­tra­tion on pay­ment of req­ui­site fee/fine.

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