Specific Relief Act, 1963 · Chapter II: Specific Performance of Contracts · Persons for or against whom contracts may be specifically enforced
Section 17: Contract to sell or let property by one who has no title, not specifically enforceable
In plain words
A seller or landlord cannot get specific performance of a contract to sell or let property if they knew they had no title, or if they cannot give a title free from reasonable doubt when the deal is to be completed.
- This also applies, as far as possible, to the sale or hire of movable property.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor—
(a) who, knowing himself not to have any title to the property, has contracted to sell or let the property;
(b) who, though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt.
(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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.