Yes you can file the EP before the said court
Minor property
Minors property permission granted by court to sell in favour of PARTICULAR NAME OF PROPOSED PURCHASER. Order properly complied by purchaser including deposited the sale price in favour of minor into the treasury court account and then it was transferred to bank account. Letter was also issued by court to concerned Registrar office to execute sale. But now guardian/father not come for execute sale deed. Can proposed purchaser file E.P. before court to execute sale. What relief to proposed purchaser?. Give your opinion with citation sir. Thank you sir.
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
issue legal notice to seller to execute sale deed
2) if he declines file suit for specific performance to direct guardian to execute sale deed in your favour
Purpose of court permission to sell minor property is limited to secure interest of minor which is filed on behalf of minor, leave granted by court is not directory but permissive. If father denying sale, have to file suit of specific performance agasint him.
Seems you have an answer.
File Execution Petition .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
file a suit for specific performance of contract
The purchaser has to file EP to execute the order of the court.
Yes, the intending purchaser may file the EP at the same court for execution of its decree.
you can issue legal notice and demand for specific performance .
Dear Sir,
It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court for the execution of any decree or order.
An application for execution must be filed within three years of the date of the final decree, and in the case of subsequent applications, within three years of the date of the final order passed on a previous application made in accordance with law to the proper Court for execution
Sir the proposed purchaser after deposit of amount and since there is agreement has to file for specific performance of the agreement and seek order of court to register the property in favour of purchaser.
You can file EP before court or contempt of court that not to follow court order.
Yes purchaser can file execution petition before court for registration of property.
Court will appoint local commissioner for registration of property on name of purchaser without father of minor.
The aggrieved party can initiate proper legal action on this.
The guardian who has filed the petition seeking permission of court to sell the property having minor interest and after having completed all formalities if the petitioner is not showing any interest then the buyer can file a suit for specific relief seeking court direction to the guardian to execute the registered sale deed, failing which the court can execute the registered sale deed directly.
- Since, the court has passed order of sell in favour of a particular purchaser , and further the purchaser has already deposited the consideratoin amount , but the guardian is not coming to execute the same, hence by this way the guardian of the minor is not complying the said direction of the court.
- You should file a contempt petition against the guardian/father of the minor for disobeying the direction of court.
- In case, the guardian/father not appear before the Court , then Court will pass an order of exection of transfer documents through its process server.
- But , before filing the petition , you should inform the same after issuing a legal notice to the seller/guardian.
