Kaagazaat

Suit for Specific Performance

At a glance

Price: Free, always.
Stamp duty: No stamp-paper duty is payable on the pleading itself; it bears the court's own court-fee stamp.
Registration: Not registrable: a court paper is not an instrument under section 17 of the Registration Act, 1908.
Witnesses: None required for the paper itself.

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Free, always.

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Also called

specific performance of agreement to sell
suit to enforce agreement to sell
baynama suit
इकरारनामे का विनिर्दिष्ट पालन
ਇਕਰਾਰਨਾਮੇ ਦੀ ਵਿਸ਼ੇਸ਼ ਪਾਲਣਾ

When you need it

A civil suit to make a seller go through with an agreement to sell, so that the sale deed is executed in your favour on payment of the balance price. It is brought under the Specific Relief Act, 1963; the plaint must show that you have always been ready and willing to perform your part, and the draft asks for that in its own paragraph.

It also asks, in the alternative, for the money you paid back with interest and damages, so the claim is not lost if the court does not order the sale. The time limit for this kind of suit is short and runs from the date fixed for completion, so do not wait. A mere agreement to sell does not make you the owner; only a registered sale deed does. Court papers are usually filed through an advocate, who also files a vakalatnama; this form prepares the draft for them to settle. The court fee depends on the valuation and was not confirmed here; ask the filing counter. Not for: a case where you have not yet asked the seller to complete (send a legal notice first), or a dispute over a loan rather than a sale.

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp-paper duty is payable on the pleading itself; it bears the court's own court-fee stamp. The court-fee figure for this kind of filing in Punjab and in Chandigarh was not confirmed here: ask the court's filing counter (Nazarat) or your advocate for the amount on your valuation, and for the vakalatnama stamps if an advocate is engaged.

Registration

Not registrable: a court paper is not an instrument under section 17 of the Registration Act, 1908. Any decree that results has its own registration or mutation step, if one is needed.

Notarisation

The paper is verified by the party and signed; it is not notarised. Any separate affidavit filed with it (the General Court Affidavit in this library will do) is sworn before an Oath Commissioner or Notary.

Witnesses

None required for the paper itself. Evidence is led later, in the court's own procedure.

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Sample preview — placeholder answers, not your data

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SUIT FOR SPECIFIC PERFORMANCE OF AN AGREEMENT TO SELL

IN THE COURT OF Civil Judge (Senior Division), S.A.S. Nagar (Mohali)

Civil Suit No. ............ of ............

Harpreet Singh, S/o Sh. Amarjit Singh, aged 52 years, retired, resident of House No. 214, Phase 3B1, S.A.S. Nagar (Mohali) ... Plaintiff

versus

Jaswinder Singh, S/o Sh. Gurdev Singh, aged 47 years, businessman, resident of House No. 9, Sector 21-C, Chandigarh ... Defendant

The plaintiff states as follows:

1. THE PROPERTY. The suit property is Residential plot No. 88, Sector 70, S.A.S. Nagar (Mohali), measuring 250 sq. yards (the "suit property").

2. THE AGREEMENT. By an agreement to sell dated 1 April 2026 (written on stamp paper of Rs. 500, signed by both parties before two witnesses, not registered), the defendant agreed to sell the suit property to the plaintiff for ₹65,00,000 (Rupees Sixty Five Lakh only). The plaintiff has paid ₹6,50,000 (Rupees Six Lakh Fifty Thousand only) to the defendant. The balance of ₹58,50,000 (Rupees Fifty Eight Lakh Fifty Thousand only) is payable when the sale deed is executed.

3. DATE FOR COMPLETION. The sale was to be completed on 2 April 2026.

4. READINESS AND WILLINGNESS. The plaintiff has always been, and is, ready and willing to perform the plaintiff's part of the agreement. The plaintiff held the balance in his savings account throughout, attended the Sub-Registrar office on 15.03.2026 with the balance in a bank draft, and the defendant did not come.

5. THE DEFENDANT'S DEFAULT. The defendant first asked for more time and then said on 20.03.2026 that he would not sell at the agreed price. Before filing, the plaintiff sent a legal notice: X

6. POSSESSION. Present possession of the suit property: The defendant, who lives in the house with his family.

7. JURISDICTION AND VALUATION. The cause of action arose, and the suit property lies, within the territorial limits of this Court. The suit is valued at ₹15,00,000 (Rupees Fifteen Lakh only) for jurisdiction and court fee. Court fee is paid as the court fee table of this Court requires on that valuation.

8. OTHER PROCEEDINGS. No other suit or proceeding between the parties on the same matter has been filed or decided.

9. DOCUMENTS. The plaintiff relies on: Agreement to sell dated 10.01.2026; receipts for Rs. 6,50,000; bank statement; legal notice dated 25.03.2026 with postal receipt..

PRAYER

The plaintiff prays for: (a) a decree of specific performance of the agreement to sell dated 1 April 2026, directing the defendant to execute and register a sale deed of the suit property in the plaintiff's favour, and deliver possession of it, on the plaintiff paying the balance of ₹58,50,000 (Rupees Fifty Eight Lakh Fifty Thousand only); (b) in the alternative, a decree for refund of the ₹6,50,000 (Rupees Six Lakh Fifty Thousand only) paid, with interest at the rate the Court thinks fit, and for damages; (c) the costs of the suit; and (d) any other relief the Court thinks fit.

Questions about this document

Does the Suit for Specific Performance need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp-paper duty is payable on the pleading itself; it bears the court's own court-fee stamp.

See the full position on stamp duty, registration and witnesses

Does the Suit for Specific Performance need registration in Punjab and Chandigarh?

Not registrable: a court paper is not an instrument under section 17 of the Registration Act, 1908.

See the full position on stamp duty, registration and witnesses

What does the Suit for Specific Performance cost on Kaagazaat?

Free, always.

Does the Suit for Specific Performance need witnesses?

None required for the paper itself.

See the full position on stamp duty, registration and witnesses

Often needed with this document

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