| I entered into a sale agreement for a property in Kanpur, but the seller is now refusing to complete the transaction. Can I seek a court order compelling them to honour the agreement? |
Yes — and for buyers who have paid significant advances and signed agreements only to have sellers back out, a suit for specific performance is often the most powerful remedy available. Under Section 10 of the Specific Relief Act 1963, a court can compel a party who has refused to perform a contract for the sale of immovable property to actually complete the sale — not merely pay damages — and Kanpur's civil courts exercise this power regularly in property matters.
The legal position was strengthened by the 2018 amendment to the Specific Relief Act, which changed the nature of specific performance from discretionary to near-mandatory. Before 2018, courts could refuse specific performance even in deserving cases and award damages instead. After the amendment, specific performance of a contract for immovable property is now the rule rather than the exception — the court is expected to enforce the agreement unless there are specific compelling reasons not to. This change significantly improves the position of buyers in Kanpur who have paid advances and find sellers trying to back out because property prices have risen since the agreement was signed.
To succeed in a specific performance suit in Kanpur, you need: a valid, registered or at least written agreement to sell (an unregistered agreement is admissible for certain purposes though not for establishing title); evidence that you performed or were willing and able to perform your part of the agreement — particularly the payment of the balance consideration; and compliance with the limitation period, which is three years from the date fixed for performance, or from the date of refusal if no specific date was fixed. Filing an interim injunction along with the specific performance suit, restraining the seller from transferring the property to a third party while the case is pending, is essential — without it, the seller may create a third-party purchaser who complicates your claim. The civil and property lawyers at the Kanpur panel of Aapka Legal Advice can file the suit, the injunction application, and manage the case through the Kanpur civil courts efficiently.
