A seller in Erode refused to execute the sale deed after I paid earnest money; can I sue for specific performance?
PA Asked by Parul Banerjee 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 Erode, 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 Erode, 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 Madras High Court.
Tamil Nadu Rent Control Act 1960 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.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.