Agreements · enforcement · sale deeds
Seller signed the sale agreement but won't register? Specific performance
You have paid an advance and are ready to complete. The seller has stopped responding, demanded a new price or sold the property to someone else. The next move depends on your agreement and the dates.
If you still want the property, we test whether the agreement can be enforced and whether your conduct shows readiness and willingness to perform. We also check title, later transfers, limitation and the relief that must be pleaded.
Legal framework reviewed: 13 October 2026 · Tamil Nadu-wide matter assessment from Coimbatore, subject to forum and jurisdiction.
The agreement-to-dispute timeline
The dates and your conduct usually tell the story.
- 01Agreement signed
What exactly was promised, by whom, and on which conditions?
- 02Performance became due
What date or event triggered payment and registration?
- 03Correspondence and conduct
What did each side do, offer, refuse or communicate?
- 04Now: protect the claim
Identify limitation, later sales, necessary parties and alternative relief.
Time-sensitive issue. Limitation matters: Article 54 ordinarily provides three years from the date fixed for performance, or, if none is fixed, when the plaintiff has notice of refusal. Do not rely on informal assurances to preserve time.
From agreement to court
What is stopping the sale?
Decide first whether you want the property or your money back. That choice changes the evidence, pleadings and negotiation position.
The seller will not sign the deed.
We test the agreement, seller's title and obligations, payments, your financing and what happened at the agreed date. Evidence of readiness and willingness needs more than a general statement that money was available.
The property has been sold to someone else.
Obtain the later registered deed and dates. Relief against a later transferee raises questions about notice, consideration and statutory defences; the subsequent purchaser may need to be joined.
The seller cannot convey what was promised.
A missing co-owner signature, encumbrance or dispute over the extent can make a straightforward enforcement prayer inappropriate. The seller's actual title and the agreement's promises must be investigated.
You are accused of not honouring the agreement.
We examine the buyer's performance, missed deadlines, notices and the contractual terms. Lawful termination, forfeiture, refunds and any counterclaim must be assessed on the actual record.
What the court examines
An enforceable agreement is only the starting point.
After the 2018 Specific Relief amendments, the statutory framework differs from older law in material respects; the contract date and applicability of amendments matter.
Explore wider property dispute representationReadiness and willingness
Section 16(c) requires proof of the plaintiff's performance, or readiness and willingness to perform essential obligations, subject to the statute's wording and circumstances. Financing, timely action, payment records and responses to notices may all be relevant. Readiness is not established solely by saying funds existed.
Agreement and seller authority
Price, property schedule, consideration, conditions, time stipulations and signatures matter. A person cannot necessarily compel conveyance beyond the interest the vendor can lawfully transfer.
Limitation under Article 54
The prescribed period is ordinarily three years from a fixed performance date, or, where no such date is fixed, from notice of refusal. Determining whether a date was actually fixed or a refusal occurred is fact-intensive; late legal notices do not safely restart the clock.
Other relief may be necessary
Specific performance, refund, compensation and protection against further transfer require different pleading choices. The court will not automatically award any amount just because the agreement failed; identify what the contract and evidence support.
Remedies and representation
Do you want the deed or your money back?
A suit for the property demands proof of an enforceable promise and your own performance. If title or performance cannot be established, we examine refund and other pleaded relief before choosing a course.
- 01
Enforce completion
Assess a civil suit seeking execution of the conveyance and related relief, with the correct parties and factual basis for readiness and willingness.
- 02
Protect the subject property
Where later sale or interference is threatened, examine if interim relief is legally justified; a mere agreement does not automatically create ownership.
- 03
Seek alternative relief
Consider refund of advance, interest, compensation or other pleaded relief when the contract or facts do not support compelling transfer.
- 04
Defend an enforcement claim
For a vendor or successor, analyse validity, the claimant's performance, limitation, title and any subsequent transactions before responding.
Document-first consultation
Bring the agreement and the payment trail
The signing date, agreed completion date, each payment and the first refusal usually matter more than a long narrative of negotiations.
If the seller holds the original agreement, send your copy and the payment and message trail. Tell us if a completion date is close or has passed.
Discuss the document reviewSuggested first documents
- Signed agreement and all extensions or endorsements
- Advance receipts, bank statements and balance-funding proof
- Payment and registration deadlines, notices and delivery proofs
- WhatsApp, email and other negotiation records in original sequence
- Parent deeds, latest EC and any later registered transfer
- Names of brokers, co-owners and persons who attended registration
Professional fees and the scope of work depend on the documents, number of parties, urgency and proceedings involved.
NRI & OCI clients
Overseas buyer or seller?
We can review scanned originals, communications, financial records and the proposed representation route remotely. A foreign-executed authority, registration act or personal evidence may need specific compliance; we do not promise that an overseas party can avoid every attendance.
For a remote or overseas enquiry, contact the firm with your documents and preferred communication method.
Common client questions
Questions before you sue to complete the sale
A paid advance is only one part of the case. These answers address timing, proof of performance and what happens if the property has been sold again.
01Can I force a seller to register after paying an advance?
Not automatically. Specific performance depends on a legally enforceable agreement, your performance or readiness and willingness, statutory bars, limitation and the available evidence. Advance payment is relevant but not decisive on its own.
02How long do I have to file a specific performance suit?
Article 54 generally prescribes three years from the date fixed for performance or, if none is fixed, when you have notice of refusal. The precise triggering event needs review; repeated requests are not a safe substitute for filing in time.
03What if the agreement does not specify a registration date?
That does not automatically make it unenforceable. It changes the Article 54 analysis and the need to establish notice of refusal. Other terms, conduct and any agreed conditions still matter.
04Is a legal notice compulsory before every such suit?
The agreement and applicable procedural rules determine the steps required. A properly drafted notice may help demonstrate the demand and response, but sending one does not by itself establish readiness, cure an invalid contract or extend limitation.
05The seller sold the land to a third person. Is my claim lost?
Not necessarily. Statutory protection for a transferee for value in good faith without notice, chronology and proof can be central. Obtain the later sale deed immediately and identify all necessary parties.
06Can I sue on an unregistered sale agreement in Tamil Nadu?
Tamil Nadu's 2012 amendment requires registration of specified sale agreements. The Supreme Court has nevertheless recognised the Section 49 proviso allowing an unregistered agreement to be received as evidence of a contract in a specific performance suit. Its date, stamp duty, terms and proof still need review; admissibility does not decide whether the suit succeeds.
07Can the court order a refund instead of the property?
Refund, interest or compensation may be available on a properly framed claim and the underlying law; the court does not automatically grant unpleaded alternative relief. Decide your objective before settling the plaint or response.
08What does readiness and willingness mean in practice?
The court looks at the essential obligations and your conduct over the relevant period, including financing, communications and steps towards completion. Mere possession of funds may not prove a consistent intention to perform.
09Can a seller defend a specific performance case?
Yes. The vendor can contest the alleged agreement, the claimant's performance, readiness and willingness, limitation, title, statutory exceptions and pleaded relief. The actual notices and transaction history are critical.
Legal reference desk
Statutes and primary authorities.
These published materials guide the general explanation. We check the law applicable to the transaction date, current amendments and your forum before settling advice.
- Specific Relief Act, 1963 : India Code Possession, agreements, cancellation, declarations and injunctions.
- Limitation Act, 1963 : India Code Remedy-specific deadlines and starting points.
- Code of Civil Procedure, 1908 : India Code Civil suits, interim relief, evidence and execution.
- R. Hemalatha v. Kasthuri, Supreme Court (2023) Tamil Nadu sale-agreement registration and use of an unregistered agreement in a specific performance suit.
- Transfer of Property Act, 1882 Sale, transfer and the relationship between contract and conveyance.