| I entered into a sale agreement for a property in Vadodara, 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 in Vadodara who have paid advances and find the seller refusing to complete the transaction (often because property prices have risen significantly since the agreement was signed, particularly in corridors like Gotri-Sevasi and Waghodia Road), a suit for specific performance is frequently the most powerful remedy available. The legal position has become considerably more favourable to buyers since the 2018 amendment to the Specific Relief Act.
Under Section 10 of the Specific Relief Act 1963 as amended in 2018, specific performance of a contract for sale of immovable property shifted from being a discretionary remedy — something courts could refuse and replace with damages — to being near-mandatory. Courts are now expected to enforce the agreement and direct the seller to complete the sale deed, except in specific exceptional circumstances. This change is significant for Vadodara buyers because it means a seller cannot simply return your advance with some interest and walk away from a registered agreement; the civil court in Vadodara can compel the actual registration of the sale deed in your favour.
To succeed, you need: a valid written agreement to sell (ideally registered, though even an unregistered written agreement creates a right to specific performance); evidence that you were ready, willing, and able to pay the balance consideration and perform your own obligations when the sale was to be completed; and a suit filed within the three-year limitation period from the date fixed for performance, or from the date of the seller's refusal. Critically, file an interim injunction restraining the seller from transferring the property to a third party on the same day as the specific performance suit — without this, the seller may execute a sale deed in favour of a third party while your suit is pending, significantly complicating your claim even though the doctrine of lis pendens under Section 52 of the Transfer of Property Act gives you some protection. The civil and property advocates at the Vadodara panel of Aapka Legal Advice can file the suit and the injunction application simultaneously and manage the case efficiently.
