LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NewDefendant (None)     19 July 2010

What are the ways to prove readiness and willingness?

I am trying to understand my case.


If the buyer  files a suit for specific performance, in what way should  he have proved his readiness and willingness? Filing case? Alleging to have sent legal notice? How else?


 11 Replies

Mugundhan (Lawyer)     19 July 2010

It is better that the buyer sends a legal notice or at least a letter in writing with acknowledgement proof to express his readiness to perform his part of the contract. If no such proof is available, try to prove the readiness and willingness through oral evidence

1 Like

Amit Gupta (Advocate)     19 July 2010

for pruving readyness and willingness one shud do...

1. file ur bank statement in document showing enough bank balance to pay the consideration amont ( balance at relevent time i.e. filing the suit or due date of execution of agreement or cause of action)

2. in oral evidence must say that i was ready and willing at the time of cause of action arosed and i m still ready and willing to perform my part.

1 Like

R.Ramachandran (Advocate)     19 July 2010

If I were the buyer, and if I had sufficient funds, I would have taken a Demand Draft for the amount in question in favour of the seller  to show my readiness and willingness.

I would send a legal notice (attaching a copy of the DD in favour of the seller) to the seller indicating my readiness and willingness and requesting him to perform his part of the contract.  Since the original of the DD would be with me I would not be parting with the money to the seller.  Though I might have lost some interest on the amount of the DD and also some bank charges in getting the DD prepared, I won't mind it since the irrefutable evidence which I would have created to prove my bonafide willingness and readiness would be of more value to me.

If the seller does not comply with the terms of the legal notice, then I would have filed a suit for specific performance.    

1 Like

Ayub S. Pathan (Legal Adviser)     21 July 2010

No hard and fast rule prevails. It depends Upon the facts of each case.

The basic thing is that you must exhibit you intention to perform the contract.

Modes May be numerous needs to choose right one to be believed by the court.

1 Like

NewDefendant (None)     22 July 2010

Thanks for your response. I am the seller in this case. For almost 1.5years after the agreement was signed, the buyer refused to perform one of the conditions in the Agreement as a result of which the agreement was stalled. He has actually refused performance in writing and finally complied with it only after he filed a case for specific performance. 

Can he say that he was ready and willing simply by alleging it in the Plaint and stating he had the money?

Also,  I have not lived in India for the past 30 years, having been brought up in the UK since childhood. No where did we state in the Agreement that I would come to India to sign the Sale Deed. Even the Agreement for Sale was signed by me in the UK. 

R.Ramachandran (Advocate)     22 July 2010

Dear UKExpat, the original question was how the buyer can prove his readiness and willingness to perform his part of the contract.  Mainly, as a buyer he should be ready and willing to pay the agreed amount.  Normally no one anticipates any other conditions on the part of the buyer to be performed in the contract.  My answer was limited to that extent.  

Coming back to your latest query, I agree that it would not be enough to baldly state in the plaint that he is ready and willing to perform his contract.  But  that is prima facie enough for the Court to begin with until disproved by the opponent.  All these things will depend upon real facts and circumstances, which have not been revealed here.  In any case, at best what is being indicated here is one's broad opinion and not a final judgment - which is the duty of the Court. 

The answers in this forum could only be taken as plausible defence, counter defence etc., in a given case.  Based on the discussions in the Forum either one would proceed with confidence or knowing the weaknesses of one's case one would like to tone down his stance a bit instead of being over-confident and fool hardy.

1 Like



to prove that the plaintiff is ready and willingness to  perform the contract is he has to file the bank statment as he had amount on that day as he offered that amount and u refused to take and aother hing is when ever the court oders the plaitiff is ready to deposit the sale consideration if the court feels really the plaintiff is ready and willigness to perform the contract the suit will be decreed. simply mentioning the averment court will not consider for that there must be an proof.

thanking you

1 Like

NewDefendant (None)     26 July 2010


Thank you for all your responses. 

The buyer did not send me any copy of the draft to prove he had the balance money and I did not want to waste a trip to India unless the buyer was really ready with the money.

I have been reading hundreds of cases online and am none the wiser as regards readiness and willingness. They all seem to mention readiness and willingness only with respect to the buyer proving he had the balance money. And if proves that then he is granted relief.  But what about other conditions that are there in the Agreement? Is it okay if the buyer has not complied with other conditions mentioned in the Agreement simply because he had the money?  For e.g. IT Clearance Certificate/permissions  as required of him and as stated in the Agreement. 

R.Ramachandran (Advocate)     26 July 2010

Dear Expat,

It is not clear under what circumstances the buyer has to give the i.t. clearance or any permissions.  In any case, it is for the court to weigh the arguments for and against the claim.   Prime facie, so long as the buyer is willing to pay the consideration, other procedural requirements will get relegated.   Hinging one's case on some i.t. clearance or permissions etc., for non-performance of a contract would not be viewed favourably by the court. 

NewDefendant (None)     26 July 2010

 Thanks. You're right, without knowing the circumstances it is difficult to provide a definite answer. My case does not hinge on this point alone although one of my main defense is that the Plaintiff was not willing to perform the terms required of him as per Agreement. 

The buyer cannot force the Defendant to perform under the Agreement whilst himself refusing to perform the terms required to be performed  by him.  Section 16(c) is quite clear on this point I guess.

Also, another point is that our Agreement clearly states that the Seller will execute the Sale Deed only after receiving the balance consideration from the buyer. This was specifically done so that I did not come all the way to India to find buyer was not ready with the money. The plaintiff has admitted that he did not send me the money, he simply wanted me to come to India first. As  I did not receive this money there was no question of me signing any sale deed.

R.Ranganathan (Director)     10 September 2010

Sorry to state that you are trying to act oversmart. You started asking opinion about ready and willingness about buyers, changed your stance that you want it for yourself being a seller. Subsequently you are asking about various other conditions in the sale agreement which you thought of hiding from the experts. So any opinion given without any disclosures from the side of querist will not be correct. Be open to get a fair opinion. The experts are there to help the persons really in requirement. But here you are trying to be smart with the experts and if anything goes wrong then do not blame them. Further as you said no buyer will just pay the amount and wait for the seller to come down to India to execute the sale deed. He has also certain inhibitions like you. So be fair and get it done simultaneously.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query