October 20, 2014

Basic Property Law : Agreement to Sell - if seller refuses to sell, court can direct him to sell property as per agreement

This powers of Court are under Specific Performance Act.

If a seller has signed an agreement to sell with you, accepted part payment, and then changes his mind without just reason, then court can direct him to sell property to you as per terms of agreement and can also direct him to execute a sale deed in your favour.

This are discretionary powers. If court sees that there are some just reasons for not ordering sell in your favour, it can direct seller to refund your part payment with interest.

These type of cases are called Suits for Specific Performance of Agreements.

Haresh Raichura.
20/10/14