⚖️ Understanding a Specific Performance Suit
A specific performance suit is a powerful legal remedy available to a buyer when a seller backs out after agreeing to sell a property.
Under the Specific Relief Act, 1963, the court can order the seller to honour the original sale agreement — effectively forcing them to execute and register the sale deed as promised.
This remedy exists to protect genuine buyers from fraudulent or dishonest sellers who take advance money and then refuse to complete the transaction.
📅 When You Can File a Specific Performance Suit
You can file the suit in these typical situations:
| Situation | Example | You Can File? |
|---|---|---|
| Seller took advance, later refused to execute sale agreement | He’s avoiding signing or registering it | ✅ Yes |
| Sale agreement signed (registered or unregistered), seller refuses to execute final sale deed | He keeps delaying or tries to sell to someone else | ✅ Yes |
| Seller sells to another person despite agreement | Double sale, fraud | ✅ Yes (and you can seek injunction) |
| Seller’s legal heirs refuse after his death | You have valid agreement | ✅ Yes |
| Seller cancels agreement without reason | Arbitrary withdrawal | ✅ Yes |
⏳ Limitation Period
As per Article 54 of the Limitation Act, 1963, the buyer has three years to file a specific performance suit:
- If a date is mentioned in the agreement, count three years from that date.
- If no date is mentioned, count three years from the date the seller refuses or fails to perform.
🧾 Legal Requirements and Proof
To succeed in court, the buyer must show:
- There was a valid written sale agreement.
- The buyer was ready and willing to perform their part (e.g., paying the balance amount).
- The seller failed or refused to perform his obligation.
Documents you’ll need include:
- Copy of the sale agreement (preferably registered)
- Proof of advance payment (receipt, bank transfer, UPI record)
- Legal notice sent to the seller
- WhatsApp, SMS, or email proof of communication
- EC and property details
💰 Court Fee and Jurisdiction
The suit must be filed in the District Court or Sub-Court where the property is located.
Court fees are calculated based on the sale consideration mentioned in the agreement, as per your State’s Court Fees Act (in Tamil Nadu, under the TN Court Fees and Suits Valuation Act, 1955).
🚨 Civil and Criminal Remedies
If the seller simply refuses to sell, a civil suit for specific performance or refund is sufficient.
But if the seller took money with dishonest intent, you can also file a criminal complaint under Section 420 of the Indian Penal Code (IPC) for cheating.
🧑⚖️ Key Laws That Apply
- Specific Relief Act, 1963 – Sections 10 and 16(c)
- Transfer of Property Act, 1882 – Section 54
- Indian Contract Act, 1872 – Sections 73 & 74 (compensation for breach)
- Limitation Act, 1963 – Article 54
- Indian Penal Code, 1860 – Section 420 (cheating)
📍 Practical Steps Before Filing
- Send a legal notice giving the seller 7–15 days to perform or refund.
- Collect all evidence of payment and communication.
- Engage an advocate familiar with property law and local SRO jurisdiction.
- File the plaint with the above documents in the competent civil court.
⚠️ Important Points
- The relief is discretionary, not automatic.
- If you only want your money back, you can instead file a recovery suit, not specific performance.
💬 Expert Takeaway
Specific performance is a buyer-protective remedy, but the buyer’s conduct matters.
Courts only grant this relief if you can prove you were ready and willing to perform the deal — not if you delayed or defaulted.
Registering your sale agreement immediately after paying the advance makes your case stronger and prevents sellers from backtracking.
🦁 Verified.RealEstate Takeaways
✅ Don’t hand over large advances without proof. Always document every payment with a signed receipt or UPI record before any agreement is drafted.
✅ Register your Sale Agreement early. A registered agreement protects your advance, makes your intent public, and stops sellers from double-dealing.
✅ Use Verified.RealEstate’s Legal Assistance Tool. Our experts can draft and review your sale agreement, calculate proper stamp duty, and verify ownership through EC, Patta, and FMB extracts before you commit.
✅ Act fast if a seller backs out. Send a legal notice within 15 days of breach and consult Verified.RealEstate’s partner advocates to file a specific-performance or refund claim before the 3-year limitation expires.
✅ Verify, then invest. Always cross-check title, encumbrance, and approval status with Verified.RealEstate’s Document Verification and Apply-Patta services before paying any advance.
⚠️ Disclaimer
This content is for general information only and not legal advice.
Property disputes and remedies depend on individual facts.
Consult a qualified lawyer or verified legal service before acting.