Open Access Research Article
AGREEMENT TO SELL IN INDIA: VALIDITY, ENFORCEABILITY, AND WHAT SHAPES THE ODDS
Abstract
An
agreement to sell is often treated as if it were a sale deed. Indian law draws
a sharper line. A contract for the sale of immovable property may create a
binding personal obligation to complete a sale, but section 54 of the Transfer
of Property Act, 1882 provides that the contract does not, by itself, create an
interest in or charge on the property. Ownership ordinarily passes only through
a duly stamped and registered conveyance. This distinction frames the article’s
central inquiry: when is an agreement valid, when can it be proved and used in
court, and when is a claimant likely to obtain specific performance? The
analysis examines the Indian Contract Act, the Transfer of Property Act,
registration and stamp requirements, the Specific Relief Act as amended in
2018, and Article 54 of the Limitation Act. It also considers oral and partly
signed agreements, electronic records, possession, title defects, readiness and
willingness, and later purchasers. The article argues that “enforceability
probability” is not a single percentage. It is a sequence of conditional
questions about formation, proof, remedy and practical completion. No reliable
national base rate supports a numerical win prediction; a disciplined legal
assessment should therefore use transparent qualitative indicators and
state-specific caveats.
Keywords: agreement to sell; specific performance; registration; stamp duty;
readiness and willingness; limitation; property title
Published Paper
Author Details
Authors: KUNDAN SINGHRegistration ID: 1013659 | Published Paper ID: IJLRA13659Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
AGREEMENT TO SELL IN INDIA: VALIDITY, ENFORCEABILITY, AND WHAT SHAPES THE ODDS
Authors: KUNDAN SINGH
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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