Public Query / Open Forum

Breach Of Contract

We have entered into a Unregistered sale agreement with Seller, and As a Buyer We have only Scanned of Agrrement Original Copy Having the seller, But Seller breached the said agreement by failing to execute the sale deed, Returned my Advanced amount, How can i go legally as per law
Advocate:- Kaur
Advocate in Fatehabad with 2 Year Exp

Firstly tell me what kind of sale agreement that you have entered - sale of property or any other thing?

10/09/2025 19:01 pm
    Hariom Sharma

    17/09/2025 15:58 pm

    You may file suit for specific performance of your agreement in civil court if you've accepted the refunded amount under protest. Have you written to the seller about the performance of the contract.
Advocate:- Joshi
Advocate in Ahmedabad with 2 Year Exp

In Indian law, an unregistered sale agreement is still a valid contract under the Indian Contract Act, 1872, even though it does not by itself transfer ownership of property. Since the seller has breached the agreement by failing to execute the sale deed, your legal remedies depend on the terms of the agreement and surrounding facts.

First, even if you possess only a scanned copy, it can be relied upon as secondary evidence under the Indian Evidence Act, especially if the seller does not deny execution of the agreement or the receipt of advance. Supporting proof such as payment receipts, bank statements, messages, emails, or witnesses will strengthen your case.

Since the seller has returned the advance amount, you may still proceed legally if the agreement provided for penalty, compensation, or damages in case of breach. You can issue a legal notice demanding compensation for losses suffered, such as escalation in property prices, legal expenses, or other consequential damages.

If the seller acted dishonestly or never intended to sell, you may also explore criminal remedies for cheating under Section 420 of the IPC, subject to facts.

Alternatively, you can file a civil suit for damages for breach of contract under the Contract Act. However, a suit for specific performance may be difficult once the advance is refunded, unless you can prove continued willingness and readiness.

Consulting a property lawyer is strongly advised to assess evidence and choose the appropriate remedy.

19/12/2025 15:12 pm
Advocate:- KALASKAR
Advocate in Bangalore with 39 Year Exp

Dear Sir, You can file a lawsuit asking the court to order the seller to execute the sale deed.

31/12/2025 11:49 am