Introduction

Buying property is one of the biggest investments in life. Yet, many buyers sign agreements without verifying ownership documents, title deeds, encumbrances, or pending litigations. In such cases, disputes often end up in court, where parties seek a decree of specific performance of contract.

But why get into long and expensive litigation when you can avoid it at the beginning with proper legal advice?

What is Specific Performance?

• Specific Performance is a remedy under the Specific Relief Act, 1963, where a court directs a party to perform their obligations under a contract instead of simply paying damages.

• In property matters, this usually means the seller is compelled to execute a sale deed if they refuse after receiving advance payment.

Example:
If a seller takes advance money, signs an agreement, but later backs out, the buyer can approach the court for specific performance to force the seller to transfer the property.

Why Specific Performance Cases Arise in Property Matters

1. Fake or Double Sale Agreements – Seller sells the same property to multiple buyers.

2. Defective Title – The seller doesn’t have a clear title or legal ownership.

3. Disputed Properties – Property is already under litigation or encumbrance.

4. Verbal Assurances – Buyers rely on oral promises instead of written and registered agreements.

Such cases often drag for 5–10 years in courts, wasting money, time, and peace of mind.

How Legal Opinion Prevents Litigation

Before buying a property, consulting an advocate can protect you from risks that often lead to specific performance suits. Lawyers examine:

• Ownership Title & Encumbrances – Whether the seller has the right to sell.

• Pending Litigations – Any ongoing civil, revenue, or criminal disputes.

• Previous Transactions – To ensure no double sale agreements exist.

• Compliance with Laws – Stamp duty, registration, RERA rules, etc.

• Possession & Mutation Records – Whether possession is with seller and land records are updated.

By identifying red flags early, you save yourself from years of court battles.

Case Insight – Why Buyers Lose

Courts often dismiss specific performance suits if buyers are not “ready and willing” to perform their part, or if they didn’t exercise due diligence before entering into agreements.

👉 This is where a legal opinion letter from an advocate can serve as proof that you acted responsibly and verified the property.

Conclusion

Buying property without a lawyer’s opinion is like sailing without a compass. While courts may grant specific performance, the process is long and uncertain. Prevention is always better than cure — just like banks never sanction a loan without a property legal report, buyers too should never purchase property without consulting an advocate.