A seller in Kolkata refused to execute the sale deed after I paid earnest money; can I sue for specific performance?
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Below is a comprehensive legal analysis based on Indian law for your question.
You can file a suit for specific performance of contract under Section 10 of the Specific Relief Act, 1963 before the civil court in Kolkata, 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 Calcutta High Court. West Bengal Premises Tenancy Act 1997 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.
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