How to enforce contract to sell a land

t

Question asked on: 07/10/2015

There is an agreement of sell between me and Mr x for selling of a land. At the time of sell it is mentioned that 20% money shall be paid as earnest money and rest shall be paid on the registry of such land. If X fails to register then he shall pay double of the earnest money. X was not turn up for registration.

When I made some query regarding selling of land he refused and I came to know that half the property has been registered in his wife’s name. And she refuses to sell this land. What is the remedy available in law?

Advised by: Shivendra Pratap Singh,

You have right to get special damage as given in the agreement or get decree of specific performance of the contract. According to section 10 of Specific Relief Act 1963 (SRA), specific performance of any contract may, in the discretion of the court, be enforced when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. 

Court shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money.

According to section 20 of SRA it is discretion of the court to grant specific performance of the contract. If court finds that property is clearly ascertained and it can be legally transferred by agreement then court may grant its specific performance otherwise court may refuse.

In your case half of the property is registered in the name of his wife hence he cannot make agreement for sell without her consent. If she refuses to sell then this contract cannot be enforced through specific performance.

You may relinquish half of the portion which is in the name of his wife and agree to perform contract to the extent of property in the name of seller. If seller agrees and his portion of land can be segregated successfully then court shall grant specific performance of contract.

If have initiated any proceeding before civil court then you have right to take aforementioned plea.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 17493

Consultation: 3402

Bank initiating process of auction

Sir, my son have taken loan from Bank of Baroda and he failed to repayment so bank is now initiating proceeding against me for recovery of loan. I was guarantor of the loan. I am 65 years old and this is my one and only house. Bank filed case before DRT. Now...

Right to property under article 300 A

Whether the right to property is a fundamental right under the constitution of India, I am afraid that the government will not pay the fair price of my land. The government has acquired my land without payment of compensation. What is the remedy against such...

Unregistered lease

I gave my house and adjacent land for manufacturing of shoes. That house was given on lease. The lease deed was unregistered, but both parties signed it. The lease was accepted on payment of twenty thousand rupees per month as rent. The lessee enjoyed it for four...

Land reacquired under land acquisition act

Our land was acquired by the government in year 2000 and compensation was also paid. But after 4 years we regained our land by the order of the court, acquired lands were not utilised by the government for the purpose it were acquired. Now the government again...

Land record shows my land as inalienable

The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now