Can a Court Cancel ...
 
Notifications
Clear all

Can a Court Cancel Fraudulent Property Transfers?

2 Posts
2 Users
0 Reactions
12 Views
Posts: 1
Topic starter
(@sakshi singh)
Joined: 4 days ago
[#159]

Property was transferred using forged documents. What is the process for declaring such transfers invalid?


1 Reply
Posts: 80
(@advocate-mudit-pratap)
Member
Joined: 4 weeks ago

 

 Snippet Answer (50 words)

Yes. A registered agreement to sell can be specifically enforced in India under the Specific Relief Act, 1963. Since the 2018 amendment, specific performance is no longer merely discretionary — courts must enforce it unless a specific statutory exception applies, provided the buyer proves readiness and willingness to perform their obligations under the agreement.

Quick Answer Box

  • Yes — specific performance is available, and since the 2018 amendment to the Specific Relief Act, it is the default remedy the court must grant, not an exceptional one left entirely to judicial discretion.
  • Registration itself doesn't create the right to specific performance — an unregistered agreement to sell can also be specifically enforced in appropriate cases; registration primarily affects stamp duty compliance, evidentiary strength, and constructive notice to third parties.
  • The buyer must prove "readiness and willingness" under Section 16(c) — a continuous, genuine ability and intention to perform their own obligations (typically paying the balance sale consideration) throughout the litigation.
  • Time is not usually "of the essence" in contracts for sale of immovable property in India, unless the agreement expressly and specifically says so.
  • The 2018 amendment applies prospectively only — agreements executed before October 1, 2018 are governed by the older, discretionary standard, per the Supreme Court's ruling in Katta Sujatha Reddy v. Siddamsetty Infra Projects.

Key Takeaways

  • Specific performance compels the seller to actually complete the sale, rather than merely paying damages — a critical distinction for buyers who want the specific property, not compensation.
  • Post-2018, courts are statutorily bound to grant specific performance except in narrowly defined circumstances, marking a fundamental shift from the pre-2018 discretionary regime.
  • The buyer's continuous readiness and willingness to perform — usually demonstrated through conduct, correspondence, and the ability to pay — is the single most contested and decisive issue in most specific performance suits.
  • Partial performance is possible under Section 12 where the seller cannot convey the entire agreed property, with an appropriate reduction in consideration.
  • A suit for specific performance must generally be filed within three years of the date fixed for performance, or when the plaintiff has notice of refusal.
  • Whether the agreement was registered or unregistered is rarely decisive by itself; what matters most is proving a valid, enforceable contract and the buyer's genuine readiness and willingness.

Table of Contents

  1. What the Law Says
  2. Relevant Legal Provisions
  3. Relevant Sections of Law
  4. Latest Legal Position
  5. Supreme Court Judgments
  6. High Court Judgments
  7. Court Procedure
  8. Jurisdiction
  9. Documents Required
  10. Evidence Required
  11. Timeline
  12. Costs Involved
  13. Common Defences
  14. Common Mistakes
  15. Risks and Limitations
  16. Practical Legal Advice
  17. Litigation Strategy
  18. Alternative Remedies
  19. Step-by-Step Action Plan
  20. Frequently Asked Questions

1. What the Law Says

An agreement to sell immovable property creates a contract — a promise that the seller will transfer the property to the buyer once agreed conditions (usually payment of the balance consideration) are met. When a seller breaches that promise, the buyer has two broad options: sue for monetary damages, or sue for specific performance, compelling the seller to actually go through with the sale. For most property buyers, damages are a poor substitute — no amount of money perfectly replaces a specific parcel of land or a particular home the buyer had chosen for its location, character, or sentimental value. This is precisely why specific performance exists as a distinct legal remedy in Indian law.

For decades, Indian courts treated specific performance as a discretionary, equitable remedy — available, but never guaranteed, even where a valid contract and a clear breach were proved. The Specific Relief (Amendment) Act, 2018 fundamentally changed this landscape. It converted specific performance from an exceptional remedy into the rule: courts are now statutorily required to enforce a contract specifically, subject only to the limited exceptions set out in Sections 11(2), 14, and 16 of the Specific Relief Act. This is a major shift, and it means that today, a buyer with a valid agreement to sell — registered or not — starts from a considerably stronger legal position than before October 2018.

What you should do next: Establish the date your agreement to sell was executed before doing anything else — this single fact determines whether the pre-2018 discretionary standard or the post-2018 rule-based entitlement governs your case, and the difference between the two regimes is substantial.

2. Relevant Legal Provisions

  • Section 10, Specific Relief Act, 1963 (as substituted by the 2018 Amendment Act) — provides that specific performance of a contract "shall be enforced" by the court, subject to the provisions of Sections 11(2), 14, and 16 — a mandatory formulation replacing the earlier discretionary language.
  • Section 12, Specific Relief Act, 1963 — allows the court to direct specific performance of so much of a contract as can actually be performed, with an appropriate reduction in consideration, where the seller cannot convey the entire agreed property (for example, due to a defect in part of the title).
  • Section 14, Specific Relief Act, 1963 — sets out contracts not specifically enforceable, including those dependent on personal qualifications or that are, by nature, determinable.
  • Section 16, Specific Relief Act, 1963 — the critical "readiness and willingness" provision: specific performance cannot be granted in favour of a person who has not performed, or is not ready and willing to perform, the essential terms of the contract that are to be performed by them.
  • Section 20, Specific Relief Act, 1963 (as amended in 2018) — governs the power to grant substituted performance, allowing an aggrieved party, in certain circumstances, to get the contract performed through a third party and recover costs from the party in breach, as an alternative to a court-ordered specific performance suit.
  • Section 22, Specific Relief Act, 1963 — allows the buyer, in a suit for specific performance, to also seek possession, partition, and refund of earnest money in the same proceeding, avoiding the need for multiple suits.

What you should do next: Read your agreement to sell carefully alongside Section 16(c) — identify exactly what your own obligations were (payment schedule, any conditions precedent) and assess honestly whether you have genuinely fulfilled or remain ready and willing to fulfil each of them, since this will be the central battleground of any suit.

3. Relevant Sections of Law

  • Registration Act, 1908 — Section 17 makes registration compulsory for certain categories of documents affecting immovable property above a threshold value, though an agreement to sell (as distinct from a sale deed itself) is not always compulsorily registrable in every state, and its enforceability as a contract doesn't strictly depend on registration.
  • Indian Stamp Act, 1899 (and state stamp legislation) — governs the stamp duty payable on agreements to sell, and an insufficiently stamped document can face admissibility hurdles in court until the deficient duty and penalty are paid.
  • Indian Contract Act, 1872 — supplies the general contract-law foundation (offer, acceptance, consideration, capacity) that must be established before any question of specific performance arises.
  • Transfer of Property Act, 1882 — Section 54 — clarifies that a contract for sale of immovable property does not, by itself, create any interest in or charge on the property; it merely creates a personal right for the buyer to obtain a proper conveyance, which is precisely the right specific performance enforces.
  • Limitation Act, 1963 — Article 54 — prescribes the limitation period for a suit for specific performance: three years from the date fixed for performance, or, if no such date is fixed, from when the plaintiff has notice that performance is refused.

What you should do next: Confirm whether your agreement to sell was adequately stamped at the time of execution — an unstamped or under-stamped document can create an avoidable procedural obstacle at the very outset of litigation, even where the underlying contractual right is strong.

4. Latest Legal Position

The Specific Relief (Amendment) Act, 2018 remains the defining development in this area, converting specific performance from a discretionary remedy into the rule-based, near-mandatory relief it is today, subject only to the limited statutory exceptions. This reflects a deliberate legislative policy shift toward improving contract enforceability in India and discouraging deliberate breach by sellers who might otherwise calculate that paying damages is cheaper than honouring the sale.

A crucial and now well-settled clarification concerns the amendment's temporal reach: the Supreme Court has confirmed, in Katta Sujatha Reddy v. Siddamsetty Infra Projects (P) Ltd., that the 2018 amendment operates prospectively — it does not apply to contracts or suits arising from agreements executed before October 1, 2018. This means two buyers with materially similar breach scenarios can face genuinely different legal standards depending solely on when their respective agreements were signed, and courts have continued to apply this prospective-only rule consistently in more recent decisions.

Courts continue to treat the "readiness and willingness" requirement under Section 16(c) as the practical center of gravity in most specific performance litigation, regardless of which version of the Act applies — this requirement was not removed or diluted by the 2018 amendment, and remains the primary factual battleground on which these suits are actually won or lost. Courts have also continued to affirm the settled principle that, in ordinary contracts for the sale of immovable property, time is not treated as being "of the essence" unless the contract expressly and specifically makes it so — a mere stipulation of a date for completion, without more, does not automatically entitle the seller to walk away from the deal if that date passes.

What you should do next: If your agreement was executed before October 1, 2018, have your advocate specifically confirm this and frame your case (or your defence) around the pre-amendment discretionary standard, since arguing the wrong legal regime can materially weaken an otherwise strong position.

5. Supreme Court Judgments

In Katta Sujatha Reddy v. Siddamsetty Infra Projects (P) Ltd., the Supreme Court held that the 2018 Amendment to the Specific Relief Act is substantive, not merely procedural, in nature, and therefore cannot apply retrospectively to contracts or suits instituted before the amendment came into force on October 1, 2018 — a ruling later reaffirmed after review, with the Court clarifying that the pre-amendment discretionary standard continues to govern such earlier transactions.

In B. Santoshamma v. D. Sarala, decided in 2020, the Supreme Court addressed a sale agreement where the seller had subsequently created third-party interests over part of the suit property in an apparent attempt to frustrate the contract. The Court held that Section 12 of the Specific Relief Act must be construed liberally and purposively to empower courts to direct specific performance of whatever part of the contract remains performable, holding that a contractee who deliberately frustrates a contract through their own wrongful acts cannot escape liability by arguing the entire contract can no longer be enforced.

In Ferrodous Estates (Pvt) Ltd v. P. Gopirathnam, the Supreme Court held that a suit for specific performance filed within the limitation period cannot be dismissed solely on the ground of delay or laches in the litigation process itself, except where the contract expressly makes time of the essence and the delay is attributable to the plaintiff's own default — reinforcing that a buyer who has genuinely been ready and willing throughout should not be penalized merely because litigation, through no fault of their own, takes years to resolve.

In Gaddipati Divija v. Pathuri Samrajyam, the Supreme Court reiterated the Section 16(c) readiness-and-willingness requirement in detail, holding that the plaintiff must both aver and prove continuous readiness and willingness, and confirmed again that time is ordinarily not of the essence in contracts for sale of immovable property.

What you should do next: If the seller in your case has sold or encumbered part of the property to a third party in an apparent attempt to frustrate your agreement, raise B. Santoshamma specifically — courts have shown real willingness to grant partial specific performance precisely to prevent this kind of deliberate frustration.

6. High Court Judgments

High Courts across India have applied the readiness-and-willingness standard with close factual scrutiny, examining the plaintiff's conduct throughout the relationship — not merely at the time of filing the suit — including whether the plaintiff had the financial capacity to pay the balance consideration, whether they made genuine efforts to tender payment, and whether any delay on their part was adequately explained.

Courts have also consistently addressed the registration and stamping status of agreements to sell in specific performance suits, generally holding that an agreement's evidentiary strength and admissibility can be affected by inadequate stamping, but that this is a curable procedural defect (through payment of deficient duty and penalty) rather than a bar to the underlying contractual right — meaning an unregistered or under-stamped agreement is not, by itself, unenforceable, though it may complicate and delay the litigation.

High Courts have also examined the interplay between a specific performance suit and Section 22 of the Specific Relief Act, holding that where a buyer seeks possession, partition, or refund of earnest money along with specific performance, all such reliefs should ordinarily be sought together in the same suit rather than through separate, sequential proceedings, both to avoid a multiplicity of litigation and to prevent later reliefs from being time-barred.

What you should do next: If your suit will also require you to seek possession or a refund of earnest money as an alternative relief, ensure your plaint pleads all of these together under Section 22 from the outset, rather than planning to pursue them as a separate suit later.

7. Court Procedure

  1. File a civil suit for specific performance, pleading the existence of a valid agreement to sell, the seller's breach, and — critically — your continuous readiness and willingness to perform your own obligations under Section 16(c).
  2. Seek interim relief where necessary, such as an injunction restraining the seller from selling or encumbering the property to third parties while the suit is pending.
  3. The seller files a written statement, typically raising defences around the contract's validity, the plaintiff's alleged lack of readiness and willingness, or time being of the essence.
  4. Issues are framed, and both parties lead evidence — the agreement itself, correspondence, proof of financial capacity, witness testimony regarding conduct and any tender of payment.
  5. Judgment — if specific performance is granted, the seller is directed to execute the sale deed; if the seller fails to comply, the court itself can execute the conveyance through a court officer under Order 21 CPC execution machinery.
  6. Where partial performance is appropriate under Section 12, the decree specifies the performable portion and any reduction in consideration.

What you should do next: Assemble and organize your proof of readiness and willingness — bank statements, correspondence proposing payment, any formal legal notice you sent — before filing, since this evidence, gathered contemporaneously, is far more persuasive than testimony reconstructed after the fact.

8. Jurisdiction

  • Territorial jurisdiction: the suit must generally be filed where the property is situated, or where the contract was made or was to be performed, per Section 16 and 20 of the CPC.
  • Pecuniary jurisdiction: determined by the value of the suit, typically calculated based on the sale consideration or, in some states, the property's market value.
  • Special/designated courts: the 2018 amendment introduced designated special courts for specific performance suits relating to contracts of national, state, or infrastructure importance, though most ordinary residential and agricultural property disputes continue before regular civil courts.

What you should do next: Confirm both the correct territorial forum and whether any state-specific special court designation applies to your category of contract before filing.

9. Documents Required

  • The original or certified copy of the agreement to sell (registered or unregistered)
  • Proof of any payments already made under the agreement (receipts, bank transfer records)
  • Correspondence with the seller, including any legal notice sent regarding readiness to perform or regarding the seller's breach
  • Proof of financial capacity to pay the balance consideration (bank statements, loan sanction letters)
  • Title documents of the property, to the extent available
  • Vakalatnama and court-fee payment proof

What you should do next: If you haven't already sent a formal legal notice to the seller documenting your readiness to perform and calling upon them to complete the sale, do so promptly through an advocate — this creates a clear, contemporaneous evidentiary record central to your Section 16(c) case.

10. Evidence Required

  • Proof of a valid, binding contract — the agreement itself, properly proved as to execution and, where relevant, adequately stamped.
  • Proof of the seller's breach — refusal to execute the sale deed, sale or encumbrance to a third party, or failure to fulfil conditions the seller had undertaken.
  • Proof of continuous readiness and willingness — this is the evidentiary core of the case, and should be built from contemporaneous conduct: bank balances at relevant times, correspondence proposing to pay, witnesses to any tender of payment.
  • Proof of the property's value and any relevant changes since the agreement, particularly where partial performance under Section 12 is sought.

What you should do next: Build a clear, dated timeline of every step you took to perform your obligations under the agreement — this timeline, more than any single document, is what will ultimately persuade the court of your genuine readiness and willingness.

11. Timeline

  • Limitation to file: three years from the date fixed for performance, or from when the plaintiff has notice of the seller's refusal to perform, under Article 54 of the Limitation Act, 1963.
  • Trial disposal: the 2018 amendment introduced a statutory target of 12 months for disposal of specific performance suits from the date of receipt of summons by the defendant, extendable by a further 6 months with recorded reasons — though in practice, many suits still take considerably longer given trial court workloads.
  • Execution of the decree, if the seller still refuses to comply, can add further months through the Order 21 CPC execution process, including court-directed execution of the sale deed where necessary.

What you should do next: Do not delay filing simply because settlement discussions with the seller are ongoing — the three-year limitation period runs regardless, and filing in time preserves your position even while informal resolution is still being explored.

12. Costs Involved

  • Court fee, calculated based on the sale consideration or, in some states, on the property's value — often a significant sum in high-value property transactions.
  • Advocate's fees for drafting, filing, and conducting what can be a multi-year, evidence-intensive suit.
  • Costs of any interim injunction application sought to protect the property from further alienation during the litigation.
  • Potential costs awarded against a party whose claim or defence is found to be without merit.

What you should do next: Given that court fees on specific performance suits are often calculated on the property's value, budget for this substantial upfront cost early, and discuss with your advocate whether staged payment arrangements are possible.

13. Common Defences

  • Lack of readiness and willingness — arguing the plaintiff never had, or lost, the genuine capacity or intention to complete the purchase.
  • Time was of the essence, and the plaintiff failed to perform by the stipulated date, where the contract expressly and specifically provides for this consequence.
  • No valid, concluded contract — arguing the agreement was merely a preliminary understanding, or was never properly executed or adequately stamped.
  • Fraud, misrepresentation, or undue influence in obtaining the agreement.
  • Change of circumstances rendering specific performance inequitable — though post-2018, this defence has a narrower scope than it did under the earlier discretionary regime.

What you should do next: Anticipate the "readiness and willingness" defence specifically, since it is the most commonly and successfully raised objection — ensure your evidence on this point is airtight before filing, not assembled reactively after the defence is raised.

14. Common Mistakes

  1. Failing to plead and prove continuous readiness and willingness with specific, dated evidence, relying instead on general assertions.
  2. Delaying the suit beyond the three-year limitation period while pursuing informal negotiations.
  3. Misunderstanding the 2018 amendment's prospective-only application and arguing the wrong legal standard for a pre-2018 agreement.
  4. Not seeking an interim injunction to prevent the seller from encumbering or selling the property to a third party while the suit is pending.
  5. Overlooking Section 22 and failing to seek possession, partition, or refund of earnest money together with specific performance in the same suit.
  6. Assuming registration alone guarantees enforceability while neglecting to properly prove the contract's terms and the seller's specific breach.
  7. Ignoring stamp duty deficiencies, which can create avoidable admissibility hurdles at trial.

What you should do next: Before filing, have your advocate specifically review your agreement's stamping and registration status, your documented readiness-and-willingness evidence, and the applicable limitation deadline — these three checks alone resolve the majority of avoidable errors in specific performance litigation.

15. Risks and Limitations

  • The readiness-and-willingness standard is genuinely demanding — even a plaintiff with a valid contract can lose if this element is not convincingly proved.
  • Litigation delay remains a practical reality despite the 2018 amendment's 12-month target, and property values, family circumstances, and the parties' relationship can all shift meaningfully during a prolonged suit.
  • Third-party rights can complicate relief — where the seller has sold to a bona fide third-party purchaser for value without notice, specific performance against the original property may become unavailable, leaving damages as the only practical remedy.
  • Cost exposure given ad valorem court fees on high-value property transactions.
  • Even a favourable decree may require enforcement action if the seller continues to resist compliance, adding further time and cost.

What you should do next: Have a candid conversation with your advocate about whether the seller has already dealt with the property in ways that might defeat specific performance (sale to a bona fide third party), so your expectations and strategy — including a potential fallback claim for damages — are realistic from the outset.

16. Practical Legal Advice

  • Send a clear, dated legal notice to the seller at the first sign of reluctance or delay, explicitly stating your readiness and willingness to perform and calling upon them to complete the sale.
  • Maintain and preserve financial capacity evidence throughout — bank statements, loan approvals — since your position at multiple points in time, not just at filing, may be scrutinized.
  • Act quickly to seek an interim injunction if there is any risk the seller might sell or encumber the property to a third party.
  • Do not assume registration alone protects you — focus equally on proving the contract's terms and your own performance.
  • File within the three-year limitation period, even if settlement discussions are ongoing, to preserve your legal position.

What you should do next: If you currently hold a valid agreement to sell and the seller is showing signs of reluctance, consult an advocate today about sending a formal legal notice and, if warranted, seeking an interim injunction before the property changes hands.

17. Litigation Strategy

  • Build your readiness-and-willingness evidence as the centerpiece of your case, not a secondary element — this is where most specific performance suits are actually decided.
  • Seek interim protective relief early, particularly where there is any risk the seller will attempt to defeat the suit by creating third-party interests, drawing on the B. Santoshamma principle if partial frustration has already occurred.
  • Confirm the correct legal regime (pre- or post-2018 amendment) at the outset and frame every subsequent argument consistently with it.
  • Plead all connected reliefs together under Section 22 — possession, partition, refund of earnest money — to avoid a fragmented, multi-suit approach.
  • Prepare for a long timeline despite the statutory 12-month target, and build your overall strategy, including any parallel settlement discussions, around realistic expectations.

What you should do next: Ask your advocate to map out, at the first consultation, a clear evidentiary plan specifically addressing Section 16(c) — this single element more than any other will determine both your litigation strategy and your realistic prospects of success.

18. Alternative Remedies

  • Damages for breach of contract, where specific performance is unavailable or impractical (for example, where the property has already passed to a bona fide third-party purchaser).
  • Substituted performance under Section 20, allowing the aggrieved party, after giving notice, to have the contract performed by a third party and recover the costs from the party in breach — a genuinely new option introduced by the 2018 amendment.
  • Refund of earnest money with interest, where the buyer chooses not to pursue specific performance but wants to recover money already paid.
  • Injunction alone, without a full specific performance claim, in appropriate interim circumstances to preserve the status quo while the parties negotiate.

What you should do next: If specific performance seems genuinely unlikely to succeed on your facts (for example, if the property has already been sold to a third party), discuss with your advocate whether pursuing damages or substituted performance under Section 20 offers a more realistic and faster path to a remedy.

19. Step-by-Step Action Plan

  1. Confirm the date of your agreement to determine whether the pre- or post-2018 legal standard applies.
  2. Assemble your readiness-and-willingness evidence — financial capacity proof, correspondence, any prior tender of payment.
  3. Send a formal legal notice to the seller if you haven't already, documenting your readiness and calling for performance.
  4. Consult an advocate promptly to assess whether an interim injunction is needed to protect the property.
  5. File the suit for specific performance within the three-year limitation period, pleading all connected reliefs under Section 22.
  6. Pursue the matter through trial, focusing your evidence strategy on the readiness-and-willingness standard.
  7. If successful, pursue execution promptly if the seller does not voluntarily comply with the decree.

What you should do next: Bring your agreement to sell and every document showing your efforts to complete the purchase to your first meeting with an advocate — this is the fastest way to get a realistic, evidence-based assessment of your specific performance claim.

20. Frequently Asked Questions

  1. Can a registered agreement to sell be specifically enforced in India? Yes. Since the 2018 amendment to the Specific Relief Act, specific performance is the default, rule-based remedy for a valid agreement to sell, subject to limited statutory exceptions.
  2. Does registration of the agreement guarantee specific performance will be granted? No. Registration primarily affects evidentiary strength and notice; the buyer must still independently prove a valid contract, the seller's breach, and their own continuous readiness and willingness to perform.
  3. Can an unregistered agreement to sell also be specifically enforced? Yes, in appropriate cases — enforceability depends primarily on proving a valid contract and readiness and willingness, not on registration status alone, though stamping and registration issues can affect admissibility.
  4. What does "readiness and willingness" mean under Section 16(c)? It means the buyer must show a continuous, genuine ability and intention to perform their own obligations under the contract — typically the capacity and willingness to pay the balance sale consideration — throughout the relevant period.
  5. Does the 2018 amendment apply to agreements signed before 2018? No. The Supreme Court has held the amendment is prospective only, so agreements executed before October 1, 2018 continue to be governed by the earlier, discretionary standard.
  6. Is time always of the essence in a property sale agreement? No. Courts generally hold that time is not of the essence in contracts for sale of immovable property unless the agreement expressly and specifically makes it so.
  7. What is the time limit to file a suit for specific performance? Generally three years from the date fixed for performance, or from when the plaintiff has notice of the seller's refusal, under Article 54 of the Limitation Act, 1963.
  8. What happens if the seller sells the property to someone else during the litigation? If the third-party buyer purchased in good faith and without notice of the pending dispute, specific performance may become unavailable, and the original buyer may be limited to a damages claim; a timely interim injunction can help prevent this.
  9. Can I get partial specific performance if the seller can't convey the whole property? Yes, under Section 12 of the Specific Relief Act, courts can direct specific performance of the performable part, with a proportionate reduction in consideration.
  10. What is "substituted performance" under the 2018 amendment? It allows an aggrieved party, after giving notice, to have the contract performed by a third party and recover the costs from the breaching party, as an alternative to pursuing a full specific performance suit.
  11. Should I hire a lawyer to pursue specific performance? Given the evidentiary complexity of the readiness-and-willingness standard and the procedural nuances involved, professional legal representation is strongly advisable.
  12. What should I do today if a seller is refusing to honour an agreement to sell? Send a formal legal notice documenting your readiness and willingness to perform, consult an advocate about seeking an interim injunction if there is any risk the property will be sold to someone else, and prepare to file your suit well within the three-year limitation period.

Conclusion

The law on enforcing an agreement to sell has genuinely changed in India, and not in a subtle way. Before October 2018, a buyer with a perfectly valid contract could still walk away empty-handed simply because a court chose, in its discretion, to award damages instead of ordering the sale to actually go through. The Specific Relief (Amendment) Act, 2018 rewrote that calculus: specific performance is now the rule courts must apply, not a favour they may grant. What hasn't changed — and what remains the real battleground in nearly every case — is the buyer's obligation to prove genuine, continuous readiness and willingness to hold up their own end of the bargain. The Supreme Court's guidance in Katta Sujatha Reddy, B. Santoshamma, Ferrodous Estates, and Gaddipati Divija together sketch out a coherent, workable picture: the law strongly favours honouring contracts, courts will look past attempts to deliberately frustrate a sale, delay alone won't defeat a genuine claim, and time is rarely treated as critical unless the parties explicitly said so. If you're holding an agreement to sell that the other side won't honour, the path forward is clearer today than it has been in decades — but it still runs directly through building the strongest possible record of your own good faith and readiness to perform.

 


Reply
Share: