Can I file a suit for specific performance if the seller refuses to execute the sale deed under Section 10?

Question

I paid an advance and signed an agreement to sell for a plot, but the seller now refuses to complete the sale. Can I force the sale through a specific performance suit? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can I file a suit for specific performance if the seller refuses to execute the sale deed under Section 10? is governed in India primarily by Specific Relief Act 1963, Section 10, Specific Relief Act 1963, Section 16 and Limitation Act 1963, Article 54. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 10 of the Specific Relief Act, as amended in 2018, mandates specific performance of a contract as a general rule, subject to limited exceptions, making it much easier for buyers to enforce agreements to sell immovable property.

The buyer must show a valid, enforceable contract, readiness and willingness to perform their obligations, including payment of the balance consideration, throughout the proceedings as required under Section 16.

Section 16 bars specific performance if the plaintiff has not proved continuous readiness and willingness to perform the essential terms of the contract on their part.

Under Article 54 of the Limitation Act, a suit for specific performance must be filed within three years from the date fixed for performance, or if no date is fixed, from the date the plaintiff has notice of refusal.

Courts can also award compensation in addition to or in substitution of specific performance where appropriate, but the general legislative intent post-2018 amendment favours enforcing the contract rather than only awarding damages.

What to do next: 1) Send a legal notice to the seller demanding execution of the sale deed within a reasonable time; 2) Keep proof of your continued readiness and willingness, including arranging the balance sale consideration; 3) File the suit for specific performance within three years of the refusal or the date fixed for performance; 4) Seek an interim injunction restraining the seller from selling the property to third parties during the suit.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Specific Relief Act 1963, Section 10 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.