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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter II: Specific Performance Of Contracts

Section 13 Specific Relief Act: Rights of purchaser or lessee against person with no title or imperfect title

Bare Act text

13. Rights of purchaser or lessee against person with no title or imperfect title.—(1) Where a person contracts to sell or let certain immovable property having no title or only an imperfect title, the purchaser or lessee (subject to the other provisions of this Chapter), has the following rights, namely:—

(a) if the vendor or lessor has subsequently to the contract acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest;

(b) where the concurrence of other person is necessary for validating the title, and they are bound to concur at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such concurrence, and when a conveyance by other persons is necessary to validate the title and they are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such conveyance;

(c) where the vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee;

(d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has a right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract.

(2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property.

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

Under sub-section (1), a person may contract to sell or let immovable property with no title or an imperfect title. The purchaser or lessee then has four rights. Under clause (a), if the vendor later acquires an interest, the buyer can compel him to make good the contract out of it. Under clause (b), others may need to concur or convey to validate the title, and be bound to do so. The buyer can compel the vendor to procure this. Under clause (c), the vendor may sell as unencumbered property that is mortgaged for no more than the price. The buyer can then compel him to redeem the mortgage. Under clause (d), if the vendor sues and loses for want of title, the defendant gets back any deposit with interest, and his costs. He has a lien on the vendor's interest for these. Under sub-section (2), these rules apply, as far as may be, to movable property.

Chapter II: Specific Performance Of Contracts

  1. 9 Defences respecting suits for relief based on contract
  2. 10 Specific performance in respect of contracts
  3. 11 Cases in which specific performance of contracts connected with trusts enforceable
  4. 12 Specific performance of part of contract
  5. 13 Rights of purchaser or lessee against person with no title or imperfect title
  6. 14 Contracts not specifically enforceable
  7. 14A Power of court to engage experts
  8. 15 Who may obtain specific performance
  9. 16 Personal bars to relief
  10. 17 Contract to sell or let property by one who has no title, not specifically enforceable
  11. 18 Non-enforcement except with variation
  12. 19 Relief against parties and persons claiming under them by subsequent title
  13. 20 Substituted performance of contract
  14. 20A Special provisions for contract relating to infrastructure project
  15. 20B Special Courts
  16. 20C Expeditious disposal of suits
  17. 21 Power to award compensation in certain cases
  18. 22 Power to grant relief for possession, partition, refund of earnest money, etc
  19. 23 Liquidation of damages not a bar to specific performance
  20. 24 Bar of suit for compensation for breach after dismissal of suit for specific performance
  21. 25 Application of preceding sections to certain awards and testamentary directions to execute settlements