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Can I seek specific performance of a sale agreement in Mumbai?

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(@mehga bakshi)
Joined: 13 hours ago
[#323]
I entered into a sale agreement for a property in Mumbai, but the seller is now refusing to complete the transaction. Can I seek a court order compelling them to honour the agreement?

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(@advocate-mudit-pratap)
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Joined: 1 month ago

Yes, you can seek specific performance of a sale agreement in Mumbai if the other party refuses to honor their contractual obligations, and Indian law provides a direct remedy for exactly this situation. Under the Specific Relief Act, 1963, particularly following the 2018 amendment, specific performance has become the rule rather than a discretionary exception, making it easier for buyers to compel execution of a genuine sale agreement.

To succeed, you must demonstrate that a valid, enforceable agreement existed, that you were ready and willing to perform your obligations (such as paying the balance consideration), and that the seller wrongfully failed to complete the transaction. Filing a civil suit for specific performance before the appropriate court, along with an application for injunction to prevent the seller from transferring the property to a third party, protects your interests during litigation.

Courts examine the agreement's terms, payment records, and correspondence closely, so maintaining thorough documentation from the outset strengthens your case considerably. Alternatively, you may claim damages if specific performance becomes impractical, such as when the property has already been sold to a bona fide third party.

Given the time-sensitive nature of these claims, consulting experienced advocates promptly matters; Aapka Legal Advice can help assess whether your case qualifies for specific performance.

Pursuing specific performance of a sale agreement in Mumbai is a strong remedy when you've upheld your end of the bargain.


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