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JaiHind2010 (Owner)     26 February 2011

URGENT: Specific Performance

In a case for specific performance is it possible for a buyer to add a new condition/demand which was never agreed in writing in the agreement for sale?

The seller is in US and buyer is in India.  After the agreement for sale got executed, can the buyer demand a tax clearance certificate (or certificate that no tax is to be deducted)  from the seller. As it is responsibility of buyer to deduct tax at source when buying from non resident. seller is refusing and asking buyer to obtain the certificate if he wants. 



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 February 2011

You cannot pray for issuance of clerance certificate.  Suit for specific performance is only to pray for exeuction of sale deed and as an alternative prayer to refund the earnest money.

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JaiHind2010 (Owner)     27 February 2011

Seller wanted to execute sale deed but without tax deduction at sourc e by buyer, but buyer refused to execute.

Can buyer still claim specific performance if he put addition condition before executing sale deed?

Will it be considered alteration of agreement terms and conditions?


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