Find a Lawyer · Property
How to Find a Lawyer for A Specific-Performance Suit On An Agreement To Sell in India
You have an agreement to sell, you paid an advance, and the seller will not complete the sale. A specific performance suit asks the civil court to make them go through with it, under the Specific Relief Act, 1963. This guide walks through exactly how to find the right advocate for that suit: the correct court, the injunction you may need, what it realistically costs, the free options to try first, and how to confirm the advocate is genuine.
- What the suit does: asks the court to make the seller complete the sale (execute and register the sale deed), or refund the advance with damages.
- Correct court: the civil court with jurisdiction where the property is located.
- Urgent step: a temporary injunction to stop a third-party sale, often heard within weeks.
- Verify: State Bar Council enrolment (Advocates Act, 1961, Section 22).
- Free first: NALSA / DLSA legal aid; Lok Adalat for a consent settlement.
- Fees vary: no fixed national rate; court fees are separate; confirm with the lawyer.
01What this suit does
A specific performance suit on an agreement to sell asks the court for a decree directing the seller to execute and register the sale deed, so you actually get the property, not just money. You can usually ask, in the alternative, for a refund of advance with interest and damages. Because the whole point is the property, this is different from a simple money claim, and the advocate needs to understand that distinction.
General information, not legal advice
This explains the process so you can find the right advocate. It does not predict your result. Limitation is generally three years under the Limitation Act, 1963, so act without unnecessary delay on a breach of agreement.
02The correct court and the injunction
A specific performance suit is a civil suit, filed in the civil court that has jurisdiction over the place where the property is located, with pecuniary jurisdiction matching the property value. That is why a local advocate who appears in that court regularly is valuable.
The urgent part is often the temporary injunction. If the seller might sell the property to a third party, your advocate can ask the court to restrain that sale while the suit runs. This can be heard within weeks, and it protects the property. Finding an advocate who files this quickly is, in many cases, the most important thing you do.
In a sale agreement dispute, the advocate who moves fast for an injunction protects the one thing you actually want: the property itself.
03Step by step: finding the right advocate
- Define your goal. Decide whether you primarily want the sale enforced or a refund of advance with damages. This shapes who you need.
- Look for civil property litigation experience. You want an advocate who files agreement to sell and specific performance suits regularly.
- Check they appear in the right court. The one with jurisdiction over your property.
- Ask about the injunction. How quickly can they file for a temporary injunction if a third-party sale is a risk?
- Compare two or three. An online consultation makes this easy. Ask the questions in the questions to ask before hiring.
- Confirm fees and enrolment before you commit.
04Verify enrolment
Keep three ideas separate. Being listed on a website is only a listing. Being verified by a platform depends on what was checked. Being entitled to practise is the real test: enrolment with a State Bar Council under the Advocates Act, 1961, with a certificate of enrolment under Section 22. Ask for the enrolment number and the State Bar Council, and confirm it before you share documents or pay.
Professionals who manage many matters, including government and public-sector legal teams, use case-tracking systems to stay on top of hearings; you can see how that works in how large legal teams track litigation, though as an individual you mainly need an organised advocate and a clean file.
05Costs and free options
There is no government-fixed advocate fee. The figures below are typical ranges only, varying by city, seniority and complexity; court fees (ad valorem on the property value) are separate. Confirm with the lawyer.
| Stage | Typical range (varies, confirm with the lawyer) |
|---|---|
| First consultation | Often around Rs 500 to Rs 3,000 |
| Legal notice | Often around Rs 3,000 to Rs 20,000 |
| Filing and running the suit (with injunction) | Varies widely; ask for a stage-wise estimate |
Before paying privately, check free legal aid. Under the Legal Services Authorities Act, 1987 (Sections 12 and 13), NALSA and the State and District Legal Services Authorities help eligible people; apply at your District Legal Services Authority (see the NALSA website). A Lok Adalat can settle a refund of advance by consent, but it cannot decide a contested specific performance claim.
06How Claw helps you find the right lawyer
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
That same technology now powers Claw Find a Lawyer, a service for ordinary people. You describe your specific performance suit on an agreement to sell, including the breach of agreement and whether you want the sale enforced or a refund of advance, in a short guided chat, and Claw connects you with a verified, independent advocate who handles this kind of sale agreement dispute and can move on an injunction, in your state or city where possible, for an online or in-person consultation.
The honest part: Claw does not employ, hire or empanel advocates and is not a law firm. The advocate Claw matches you with is independent and practises on their own, and their professional fee is paid directly to them. Claw does not share that fee (Bar Council of India Rule 36). Claw is a technology platform that helps you find and reach the right lawyer; it is not your advocate and does not give legal advice.
There are two ways to start: a free basic request, or a Rs 99 priority request for faster, prioritised matching. You can read more at Claw Find a Lawyer. Whichever advocate you speak to, confirm their Bar Council enrolment yourself before you share documents or pay anything.
07Frequently asked questions
Which court do I file a specific performance suit in?
It is a civil suit, filed in the civil court with jurisdiction over the place where the property is located, with pecuniary jurisdiction matching the property value. Because the court is tied to the property, an advocate who appears in that court regularly is a practical advantage.
How do I find a lawyer who can act fast on the injunction?
Ask directly how quickly they can file for a temporary injunction if the seller might sell to a third party, and whether they have done so before in an agreement to sell matter. An advocate who treats the injunction as the first priority is the one you want, because it protects the property while the suit runs.
How many advocates should I speak to?
Two or three is sensible. Online consultations make it easy to compare how they explain your options, how quickly they would move on the injunction, and their fee structure. Choose the one with relevant civil property litigation experience in the right court, not just the closest office.
How do I confirm the advocate is genuine?
Being listed or verified on a website is not the same as being entitled to practise. The real test is enrolment with a State Bar Council under the Advocates Act, 1961 (Section 22). Ask for the enrolment number and the State Bar Council, confirm it, and keep copies of any documents you hand over.
What will it cost and is there a free route?
There is no government-fixed fee; a consultation is often around Rs 500 to Rs 3,000 and a notice often around Rs 3,000 to Rs 20,000, but these are typical ranges that vary. Court fees are separate. If you qualify under the Legal Services Authorities Act, 1987, NALSA and your District Legal Services Authority offer free legal aid, and a Lok Adalat can settle a refund by consent.