A seller in Bhilai refused to execute the sale deed after I paid earnest money; can I sue for specific performance?
JA Asked by Jaya Lakshmi from India
Quick Answer
You can file a suit for specific performance of contract under Section 10 of the Specific Relief Act, 1963 before the civil court in Bhilai, seeking a decree directing the seller to execute the sale deed.
Detailed Legal Analysis
You can file a suit for specific performance of contract under Section 10 of the Specific Relief Act, 1963 before the civil court in Bhilai, seeking a decree directing the seller to execute the sale deed. The suit should annex the agreement, payment proof, and your readiness to pay the balance, which must be pleaded and proved.
The court grants relief where monetary compensation is inadequate, and refuses where the contract is unfair or the plaintiff is not ready. The decree is appealable to Chhattisgarh High Court.
Chhattisgarh Rent Control Act 2011 on stamp duty and registration applies to the eventual deed. You can seek interim injunction to restrain alienation.
Limitation is three years from the breach.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.