Where a person contracts to sell or let immovable property with no title or only an imperfect title, the purchaser or lessee may (a) compel the vendor to make good the contract out of an interest he later acquires, (b) compel him to procure the concurrence or conveyance of others who are bound to...
Read Complete Guide →Section 1 says the Act is called the Specific Relief Act, 1963, extends as printed to the whole of India with one exception named in the text, and came into force on a date fixed by the Central Government by notification. A footnote gives that date as 1 March 1964. Section 2 defines obligation...
Section 3 is a savings clause. Unless the Act says otherwise, nothing in it takes away a right to relief other than specific performance under a contract, and nothing in it affects the Indian Registration Act, 1908 on documents. Section 4 says specific relief is for individual civil rights and...
Under section 5, the owner or other person entitled to possession recovers property through the Code of Civil Procedure, 1908. Under section 6, a person dispossessed without his consent and otherwise than in due course of law may sue to recover possession, notwithstanding any other title set up...
Section 7 lets a person entitled to the possession of specific movable property recover it as the Code of Civil Procedure, 1908 provides; a trustee may sue for the beneficiary, and a special or temporary right to present possession is enough. Section 8 says a non-owner in possession or control of a...
Section 9 allows the person against whom relief is claimed to plead any ground available under any law relating to contracts. Section 10 (substituted by the 2018 Act) says specific performance of a contract shall be enforced by the court, subject to section 11(2), section 14 and section 16. Section...
The rule is that the court shall not direct specific performance of a part of a contract. Exceptions: where the part left unperformed is only a small proportion in value and admits of compensation in money, the court may order the rest with compensation for the deficiency; where it is a...
In any suit under this Act, where the court considers expert opinion necessary on a specific issue, it may engage one or more experts, direct them to report, and secure their attendance. It can require any person to give information or provide access to documents, goods or property. The report...
Except as otherwise provided in Chapter II, specific performance may be obtained by (a) any party, (b) the representative in interest or the principal of a party, subject to a proviso about personal qualities and non-assignment, (c) persons beneficially entitled under a marriage settlement or a...
Specific performance cannot be enforced in favour of a person (a) who has obtained substituted performance under section 20, (b) who has become incapable of performing, violates an essential term, acts in fraud of the contract or wilfully acts at variance with it, or (c) who fails to prove that he...
From the first step to full compliance, get professional assistance from the TaxClue team — matched to your exact Specific Relief requirement.
Talk to a Specific Relief Expert →