Specific Performance Suits

Specific Performance Suits Lawyer in Noida & Ghaziabad

Introduction

In Noida and Ghaziabad, one of the most common disputes involves property agreements, sale deeds, and contract enforcement. Often, a party signs an agreement to sell but later refuses to execute the sale deed or perform their contractual obligations. In such cases, the affected party can approach the court and file a Suit for Specific Performance under the Specific Relief Act, 1963.

Advocate David Chaudhary, practicing in Ghaziabad District Court, Noida Courts, and Delhi NCR, specializes in Specific Performance Suits, ensuring clients receive justice by enforcing lawful contracts.

What is a Specific Performance Suit?

A Specific Performance Suit is a legal remedy where the court directs the breaching party to perform their contractual obligation instead of just paying damages.

Example:

If a seller refuses to register a property despite signing an agreement to sell and taking advance money, the buyer can file a suit for specific performance to compel the seller to execute the sale deed.

Governing Law in India

  • 📕 Specific Relief Act, 1963 (Sections 10 to 14).
  • 📜 Indian Contract Act, 1872 (for validity of contracts).
  • ⚖️ Judicial precedents from Supreme Court & High Courts.

Conditions for Specific Performance

  • ✅ A valid, enforceable contract must exist.
  • ✅ Plaintiff must have performed or be ready to perform obligations.
  • ✅ Defendant failed or refused to perform obligations.
  • ✅ Compensation in money is not adequate relief.

Situations Where Specific Performance Suits Apply

Property Sale Agreements

  • 📌 Buyer pays advance, but seller refuses to execute sale deed.
  • 📌 Builder refuses to hand over possession despite payment.

Business & Commercial Contracts

  • 📌 Partnership agreements.
  • 📌 Vendor-supplier contracts.

Family Property Disputes

  • 📌 Inheritance-related sale agreements.
  • 📌 Partition settlements not honored.

Employment & Service Contracts

  • 📌 Where monetary compensation is not adequate.

Procedure to File a Specific Performance Suit

  1. Legal Notice: Demand performance of contract.
  2. Drafting & Filing: Suit filed in Civil Court (Ghaziabad/Noida).
  3. Submission of Evidence: Agreement, receipts, witnesses, documents.
  4. Defendant’s Response: Written statement contesting/admitting claim.
  5. Court Proceedings: Examines validity, readiness, defenses.
  6. Judgment & Decree: Court directs execution of sale deed/contract.

Defenses Against Specific Performance Suits

  • Contract is void or voidable.
  • Plaintiff was not “ready and willing.”
  • Fraud, misrepresentation, or coercion involved.
  • Contract uncertain or incapable of performance.
  • Limitation period expired (generally 3 years).

Why Specific Performance Suits are Common in Noida & Ghaziabad

  • 🏗️ Real Estate Boom – disputes between builders, buyers, landowners.
  • ⚠️ Fraudulent Transactions – sellers taking advances from multiple buyers.
  • ⌛ Delay in Builder-Buyer Agreements – delayed flat possession.
  • 👨‍👩‍👧 Family Property Disputes – disagreements among heirs.

Reliefs Granted by Court

  • 📜 Execution of Sale Deed – seller directed to execute & register property.
  • 🏠 Possession of Property – possession handed over with sale deed.
  • ⛔ Injunction – restraining sale to third parties.
  • 💰 Damages – additional compensation in some cases.

Benefits of Filing a Specific Performance Suit

  • ✅ Ensures enforcement of contracts.
  • ✅ Protects buyers from fraud.
  • ✅ Provides legal title & possession of property.
  • ✅ Deters breach of contract.
  • ✅ Helps businesses enforce agreements.

Specific Performance Lawyer in Noida & Ghaziabad

  • ✍️ Drafting agreements to sell with protective clauses.
  • ⚖️ Filing and defending specific performance suits.
  • 🏢 Handling builder-buyer disputes.
  • 👨‍👩‍👧 Managing family property disputes.
  • ⚡ Ensuring quick injunction orders to protect rights.

Why Choose Advocate David Chaudhary?

  • ✅ Specialized in property & contractual disputes.
  • ✅ Appears before Ghaziabad, Noida Courts & NCR tribunals.
  • ✅ Drafts legally enforceable contracts to prevent disputes.
  • ✅ Provides strategic representation in court.
  • ✅ Transparent advice & client-focused solutions.

FAQs on Specific Performance Suits

Generally, 3 years from the date of cause of action under the Limitation Act, 1963.

Yes, the buyer can approach Noida Civil Court to compel execution of the sale deed.

Yes, in certain cases, courts award damages for delay or loss in addition to performance.

Though not mandatory, it is strongly recommended to strengthen the case.

Yes, courts often direct builders in Noida & Ghaziabad to complete construction and hand over possession.

Conclusion

In rapidly growing cities like Noida and Ghaziabad, disputes over property agreements and contracts are frequent. A Suit for Specific Performance ensures that contractual promises are legally enforced, protecting buyers and businesses from fraud and breach of trust.

📞 Contact Advocate David Chaudhary – Specific Performance Suit Lawyer

📍 Ghaziabad District Court, Noida, Greater Noida, and Delhi NCR

📱 Phone: +91-7065260847

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