Overview
The gap between an agreement to sell and a registered sale deed is where deals go wrong: sellers back out when prices rise, refuse to register after taking most of the money, or sign deeds that misdescribe the property. The buyer's weapon is specific performance — since the 2018 amendment to the Specific Relief Act, courts must ordinarily enforce the contract, not just refund the advance. On the other side, deeds obtained by fraud, misrepresentation, or without authority are cancelled through the civil court. Registration formalities — stamp duty shortfalls, registrar refusals, lost documents — have their own remedies.
Key Provisions — Specific Relief Act + Registration Act, 1963 / 1908
- Specific performance is now the rule, not the exception (SRA 2018 amendment) — a seller cannot simply refund and walk away.
- The buyer must show readiness and willingness — proof of funds and conduct matter as much as the agreement.
- Cancellation of instruments (SRA Section 31) undoes deeds obtained by fraud, coercion, or without title.
- Limitation: specific performance suits within 3 years of the refusal/fixed date — delay is fatal.
What You Can Get
How We Handle It
Agreement Audit
Your agreement, payments, and conduct assessed for a specific-performance case.
Notice
A performance demand fixing a registration date — creating the record the suit needs.
Suit & Lis Pendens
Specific performance suit with injunction; the pending case binds any later buyer.
Decree & Registration
Court-ordered execution of the sale deed — by the seller or the court itself.
Frequently Asked Questions
The seller returned my advance by transfer and says the deal is off — is it?
Not if you didn't accept it as cancellation. Refusing the refund and suing for specific performance can still get you the property; respond quickly and in writing.
The seller sold to someone else despite our agreement — what now?
A later buyer with notice of your agreement takes subject to your rights. Suit for specific performance impleading both, with cancellation of the later deed.
Legal Connect connects you with independent property-law advocates; we are not a law firm and this page is general information, not legal advice. For urgent encroachment or dispossession situations, call +91 22 6555 3444.