I entered into an agreement to purchase a house and paid 10 lakh as advance. The seller has now sold it to someone else for a higher price. Can I force him to sell to me?

Detailed Legal Analysis

Yes, you can force the seller to complete the sale of the house to you, as you have a valid agreement and have made an advance payment. Under Indian law, this situation is governed by the Indian Contract Act, 1872, and the Specific Relief Act, 1963.

Here are the key points to consider:

• Existence of a Contract: You have an agreement with the seller which is a legally binding contract under Section 10 of the Indian Contract Act, 1872. This section states that all agreements made by the parties that are not expressly declared void are enforceable by law.
• Advance Payment: The payment of ₹10 lakh as an advance signifies your intention to enter into the contract, which strengthens your position. This indicates that both parties had a mutual agreement concerning the sale of the house.
• Specific Performance: Under Section 10 of the Specific Relief Act, 1963, you may seek a decree for specific performance of the contract, as the property is unique and monetary compensation may not suffice. Section 14 of the Specific Relief Act outlines situations where specific performance is enforceable.
• Notice to Seller: You should send a formal notice to the seller demanding the completion of the sale as per the original agreement. This notice should include details of the agreement, the advance payment, and a request for him to honor the contract.
• Filing a Suit: If the seller refuses to comply, you may file a suit for specific performance in the appropriate civil court. This suit should be filed within three years from the date of the breach of the contract as per Article 54 of the Limitation Act, 1963.
• Possible Defenses from Seller: Be prepared for potential defenses from the seller. He may argue that the contract was not valid or that the agreement was conditional. However, if you have evidence of the agreement and payment, your case will be stronger.
• Judicial Precedents: Courts in India have upheld the right to specific performance in various cases, establishing that when the contract is clear and unambiguous, and the property is unique, specific performance may be granted.

In conclusion, based on the valid agreement and the advance paid, you have legal grounds to compel the seller to complete the sale of the property to you. Consulting a lawyer experienced in real estate matters would be prudent to assist you in taking the necessary legal steps.