Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Agreement to sell immovable property

Wednesday, December 08, 2010
Agreement to sell immovable property

Agreement to sell immovable property — Indian Contract Act, 1872, Sections 31 and 32 — Obtaining No Objection Certificate (NOC) from the authority concerned, clearance of NOC from Income Tax Department or any other State/Central authority, securing title deeds after clearing certain loans are incidental and implied covenant on the part of the vendors to do the needful to give effect to the agreement — Such events cannot be termed as uncertain events so as to make the agreement a contingent contract.

Monday, August 21, 2006
Agreement to sell immovable property

Agreement to sell immovable property — Entered in the year 1971 — Title of owner was not clear at the time of agreement — Title perfected on 16.3.1985 — Owner vide letter dated 16.3.1985, assured the purchaser that the agreement would be honoured — Limitation to file suit for specific performance, held, will begin from 16.3.1985.

Agreement to sell immovable property

Agreement to sell immovable property — Suit for specific performance — Held, in a suit for specific performance of contract in respect of any immovable property, time would ordinarily not be the essence of the contract.

Agreement to sell immovable property

Agreement to sell immovable property — Performance of a contract may be dependent upon several factors including grant of permission by the statutory authority in appropriate cases — If a certain statutory formality is required to be complied with or permission is required to be obtained, a deed of sale cannot be registered till the said requirements are complied with — In a given situation, the vendor may not be permitted to take advantage of his own wrong in not taking steps for complying the statutory provisions and then to raise a plea of limitation. 

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