Agreement to Sell
4 articles
A Housing Board's Highest Bidder Gets No Vested Right to Allotment, Rajasthan High Court Holds
Across thirteen connected appeals, homebuyers who had offered the highest price at Rajasthan Housing Board auctions saw their allotments quashed after the Board relied on departmental comparisons of nearby, similarly sized properties. The High Court held that being the highest bidder is not enough where approval is still pending — but the authority's own reasons must survive scrutiny too.
12 min readEarnest Money Forfeited, Part-Payment Refunded: Delhi High Court Draws the Line in a Failed Agreement to Sell
A buyer paid Rs. 17.5 lakh under an Agreement to Sell, then defaulted. The seller kept it all. The Delhi High Court had to work out how much of that money was truly earnest money — and how much was simply price paid too early.
14 min readSpecific Performance When Litigation Drags On and Property Prices Rise: Should the Buyer Still Get the Decree?
Price escalation alone is not a defence. Buyer-caused delay is. This guide explains how Indian courts separate the two, and how a decree can be moulded to balance equities.
14 min readHe Who Seeks Equity Must Do Equity: V.N.A.S. Chandran v. S. Venila on Conduct, Delay and Discretion in Specific Performance
The buyers may well have been able to pay. They still lost the property. This case note examines how inconsistent conduct, a retaliatory FIR and two decades of delay defeated a decree of specific performance.
14 min read