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Author Topic: Suit of Specific performance  (Read 398 times)

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Offline angle_chris

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Suit of Specific performance
« on: February 13, 2016, 02:25:12 AM »
Dear Sir, Please advise me on this case.

A person named Lakshmi has 4 children, 1 Son and three daughters. All of them are married and their kids are also getting Married.
This person Lakshmi is living with one of her daughters from last 13 years. She gifted all her remaining property, which she got as gift from her mother and aunt, to the daughter with whom she is living with, last year through a registered gift deed.

Her Son raised a litigation citing that his mom, Lakshmi sold him her entire property in 1991 for her daughters marriage. And he gave her money 4 Lakhs for the property but failed to get it registered. And he presented a 5 rupees stamp paper with signatures of Lakshmi and two other witnesses signed in 1991.

Lakshmi Denied signing that document in her knowledge through her lawyer.
Now Her son gave summons to Lakshmi and her daughter, filing a Suit of Specific performance.
Alleging that Lakshmi is not fulfilling her contract and her daughter is manipulating her mom.

Please advise how to approach this case from Lakshmi's point of view and what is the possible Outcome of this case.

Thank you.

Offline adv.amarnath

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Re: Suit of Specific performance
« Reply #1 on: February 15, 2016, 02:02:36 AM »
You should have state your status and how you are connected with Lakshmi. But this much I can say under free online advice that the boy has good case even he has produced unregistered agreement for sale. Now, Lakshmi should fight her case diligently and seriously with an additional defence of Readiness and Willingness on the part of the Plaintiff. There are several ground to dismiss the case which cannot be said under free online advice.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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