• Specific performance

Sale agreement entered between parties, now seller is not willing to make a sale deed, also the property is mortgaged, as per agreement after clearance mortgage the sale deed will be registered, but seller not cleared mortgage cancellation in the encumberance cetificate, case filed by the purchaser to do specific performance, injection not granted by the court. what will be the concequences for the purchaser how to get registration in his favour, sale agreement value 1.2 crores, advance paid rs.20 lakhs
Asked 1 year ago in Property Law from chennai, Tamil Nadu
Religion: Hindu
The prospective buyer has sought specific performance. Temporary injunction has been denied by the trial court, according to you. The only remedy at this stage is to move the High Court to challenge the order of the trial court by which it refused to issue injunction. The question of specific performance can be decided only at the culmination of the case.
Ashish Davessar
Advocate, Jaipur
20072 Answers
529 Consultations

5.0 on 5.0

1) you have not reproduced order passed by trial court refusing to grant an injunction restraining seller from selling of the property to third party 

2) only if reliefs claimed in suit are granted would you get sale deed regd in your favour 
Ajay Sethi
Advocate, Mumbai
29628 Answers
1615 Consultations

5.0 on 5.0

1) the only remedy to stop the sake is to obtain injunction restraining seller from selling it to third party 

2) if trial  court has refused to grant you interim reliefs file  appeal against impugned order before the HC 
Ajay Sethi
Advocate, Mumbai
29628 Answers
1615 Consultations

5.0 on 5.0

1) you have to take out notice of motion in suit for an injunction restraining sale of property to third parties

2) in the affidavit in support enclose evidence in your possession regarding attempts made to sell property to third parties 
Ajay Sethi
Advocate, Mumbai
29628 Answers
1615 Consultations

5.0 on 5.0

Getting an injunction from higher court  is vital in present situation. Once the lower court did not grant an injunction is not a barrier for filing and appeal from that order. So move an appeal first.Other wise the seller may alienate the property to other buyer. Also attach the same property by filing and attachment petition .Seller must give evidence according to express his ready and willingness for purchasing the property. And also make evidence that you have sufficient fund for purchasing the property. 
Ajay N S
Advocate, Ernakulam
2110 Answers
25 Consultations

5.0 on 5.0

Hi, you have already filed a suit for specific performance of the Agreement before the court, the court has not grant the injunction order.

2. Now you can file one more application under order 39 Rule 1 & 2 of the CPC, for not to alienate the property  and you have to convince the court that defendant has trying to sell the property. 
Pradeep Bharathipura
Advocate, Bangalore
4218 Answers
155 Consultations

4.3 on 5.0

If the High Court has denied injunction for the time being then the order of the single bench can be challenged before the division bench and then carried through leave to the Supreme Court. There is no other remedy.
Ashish Davessar
Advocate, Jaipur
20072 Answers
529 Consultations

5.0 on 5.0

but seller not cleared mortgage cancellation in the encumberance cetificate, case filed by the purchaser to do specific performance, injection not granted by the court. what will be the concequences for the purchaser how to get registration in his favour, sale agreement value 1.2 crores, advance paid rs.20 lakhs

Since the vendor has not kept his promise to clear the mortgage amount and get you the sale deed executed and registered at your cost, the suit for specific performance before the court is the only option.  If the vendor declines to execute sale deed, as an alternative you can seek the refund of advance amount with interest and also the costs.



seller is trying to sell to other party in extra rate, what is the remedy to stop the transaction, what is the procedure to be followed to register in the original agreement holder name,
The only remedy to this is to obtain an order of  injunction restraining him from alienating the property based on some documentary evidences.




the case filed with high court since the value of property is high. the case is pending the high court past 10 months. any emergency petitiion is possible to file to stop the sale transaction with third parties
Yes you can file an IA before the high court seeking injunction against the vendor.
T Kalaiselvan
Advocate, Vellore
19796 Answers
192 Consultations

5.0 on 5.0

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