NRI seller is asking for a higher price now

Dear Sir, If a Sale Agreement (even unregistered) was signed, you can: Enforce Specific Performance under the Specific Relief Act, 1963, especially if: You were ready and willing to perform your part. Seller is now backtracking after creating a binding obligation. You may seek interim injunction not to alienate the property. Thus it will be blocked.

Dear Sir, If a Sale Agreement (even unregistered) was signed, you can: Enforce Specific Performance under the Specific Relief Act, 1963, especially if: You were ready and willing to perform your part. Seller is now backtracking after creating a binding obligation. Thus you can block the alienation.

If agreements to sale was executed for a specific price then you can seek performance of agreement. 

Dear Sir, Issuing a Legal Notice: This is the first and most crucial step. Send a formal legal notice to the seller through a lawyer. The notice should clearly state that a binding agreement was formed on February 3, 2025, for INR 3.65 CR. It should detail the seller's breach (demanding a higher price). It should demand that the seller fulfill their obligations under the original agreement within a specified reasonable timeframe (e.g., 15-30 days). It should clearly state your "readiness and willingness" to perform your part of the contract (i.e., pay INR 3.65 CR). This is a critical requirement for seeking specific performance. It should warn the seller of legal action if they fail to comply. Suit for Specific Performance: This is the most effective remedy in real estate matters. If the seller fails to comply with the legal notice, you can file a suit for "Specific Performance" in a Civil Court. In such a suit, you ask the court to compel the seller to execute the sale deed at the originally agreed-upon price of INR 3.65 CR. Specific performance is often granted in real estate cases because monetary compensation (damages) may not be an adequate remedy for a unique asset like a specific property. You will need to demonstrate that a valid contract exists, that the seller has breached it, and that you have always been ready and willing to perform your part of the contract (pay the agreed amount). Suit for Injunction: Along with a suit for specific performance, you can also seek an interim injunction. A temporary injunction would prevent the seller from selling or creating any third-party interest in the villa to anyone else while your case is pending in court. This is crucial to prevent the seller from further complicating the matter. Suit for Damages: While specific performance is usually preferred, you can also claim damages for the loss suffered due to the seller's breach. This would be governed by Section 73 of the Indian Contract Act, 1872. Damages could include the difference between the agreed-upon price and the current market price (if higher), as well as any other direct losses incurred due to the breach (e.g., expenses for legal notices, loan processing fees, etc.). However, courts usually grant specific performance in real estate matters unless it's impossible or inequitable.