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  • Privity and Frustration in Allotment Agreements

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    Mahimna Kandpal
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    The document discusses an Allotment Cum Development Agreement between Mr. Singh and SCPL that was frustrated upon Mr. Singh's death. As the property under the agreement had yet to be developed, there was no existing property that could pass to Mr. Singh's heir, Shyam, by right of succession. Additionally, the agreement did not contain any clause addressing the rights of legal heirs in possible scenarios.

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    Moot Research.docx

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    The document discusses an Allotment Cum Development Agreement between Mr. Singh and SCPL that was frustrated upon Mr. Singh's death. As the property under the agreement had yet to be developed, there was no existing property that could pass to Mr. Singh's heir, Shyam, by right of succession. Additionally, the agreement did not contain any clause addressing the rights of legal heirs in possible scenarios.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    2 views1 page

    Privity and Frustration in Allotment Agreements

    Uploaded by

    Mahimna Kandpal
    The document discusses an Allotment Cum Development Agreement between Mr. Singh and SCPL that was frustrated upon Mr. Singh's death. As the property under the agreement had yet to be developed, there was no existing property that could pass to Mr. Singh's heir, Shyam, by right of succession. Additionally, the agreement did not contain any clause addressing the rights of legal heirs in possible scenarios.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    a. The Allotment Cum Development Agreement was between Mr.

    Singh and
    SCPL and stands frustrated upon death of Mr. Singh;

    Privity of Contract
    Section 2(d) - exceptions have to be declined- case laws that shows that privity of contract does
    exist.

    Frustration of Contract
    Section 56

    b. The property under the agreement is yet to be developed and hence there is no
    property in existence at this point of time. In such a scenario, Shyam cannot claim
    succession of the property as a matter of right.

    c. No clause of the allotment cum development agreement mentioned about the rights
    of legal heir in any possible scenario.

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