Specific Performance Suit in Bangalore – When the Seller Backs Out

It is a common story in Bangalore. You sign a sale agreement, pay an advance and arrange a loan, and then the seller refuses to register the sale deed, usually because prices have gone up or another buyer has offered more. The law gives you a strong remedy: a suit for specific performance, asking the court to order the seller to complete the sale. This guide explains how it works.

What Is Specific Performance?

Specific performance is a court order requiring a party to do what they promised in a contract, rather than just paying damages. Since the Specific Relief Act was amended in 2018, specific performance of a contract is the general rule rather than a remedy the court grants only at its discretion, subject to the limited exceptions in the Act. In practice this has made the remedy stronger for buyers.

What the Buyer Must Prove

• A valid agreement: a written, properly stamped sale agreement with clear terms on the property, price and timeline.
• Readiness and willingness: under Section 16(c) of the Act, the buyer must show that they were ready and willing to pay the balance and complete the sale throughout. Bank statements, a loan sanction letter and letters asking the seller to register help prove this.
• The seller’s refusal: correspondence, a legal notice and the seller’s reply, or silence.

Time Limits

Under the Limitation Act, a suit for specific performance must generally be filed within three years from the date fixed in the agreement for completing the sale, or, if no date was fixed, from when the buyer learns the seller has refused. Courts also look at whether the buyer acted promptly. Waiting until the deadline without pursuing the seller can weaken your case.

If the Seller Sells to Someone Else

A later buyer who knew of your agreement, or who paid nothing, is bound by your rights and can be ordered to join in the sale deed. Only a buyer who paid in good faith without notice of your agreement is protected. Registering your agreement, and recording the suit as a pending case affecting the property, helps protect you against later buyers.

The Process

1. Send a legal notice asking the seller to complete the sale by a specific date.
2. File the suit in the City Civil Court in Bangalore, or the competent court where the property is, with the agreement, payment records and correspondence.
3. Ask for a temporary injunction to stop the seller from selling or mortgaging the property while the case is pending.
4. If you win, the court orders the seller to execute the sale deed. If they still refuse, the court can execute it on their behalf.

Refund as an Alternative

If you no longer want the property, or specific performance is not possible, you can instead ask for a refund of the advance with interest and damages. You can also ask for this as an alternative in the same suit.

Frequently Asked Questions

How long does a specific performance suit take in Bangalore?

A contested suit can take several years. Many cases settle earlier, especially once an injunction stops the seller from dealing with the property.

The seller says the agreement has expired. Can I still sue?

Possibly. If you were ready and willing and the seller failed to perform, the expiry date does not necessarily defeat your claim. The three-year limitation period is key.

Can the seller just return my advance and cancel?

Not unilaterally, unless the agreement allows it. If you are ready and willing to complete, you can ask the court to enforce the sale.

Can I file a police complaint against the seller?

Only if there is a criminal element such as cheating from the start or forged documents. A simple refusal to complete a sale is a civil dispute.