Section 13: Rights of Purchaser or Lessee Against a Person With No Title or Imperfect Title
Section 13 of the Specific Relief Act, 1963 protects a purchaser or lessee who contracts for property with a seller or lessor who lacks title or has a defective title. It identifies when the purchaser or lessee can require the other party to cure defects and when the defendant can recover a deposit, interest and litigation costs.
Meaning and scope of Section 13
A person may agree to sell or lease immovable property without presently holding a complete and transferable title. Section 13 sets out specific rights of the purchaser or lessee in that situation, subject to the other provisions governing specific performance.
Title means a legally recognised interest or right in property. Imperfect title means a title affected by a deficiency, such as the need for another person's legally required concurrence or a mortgage that must be discharged. Specific performance is a court-enforced performance of a contractual obligation rather than merely an award of money.
Rights under Section 13(1)
Where a person contracts to sell or let immovable property having no title or only an imperfect title, Section 13(1) provides the following rights, subject to the rest of Chapter II.
Section 13(1)(a): Subsequently acquired interest
If the seller or lessor acquires an interest after entering into the contract, the purchaser or lessee may require performance from that subsequently acquired interest.
Section 13(1)(b): Concurrence or conveyance from others
Where another person must join in or execute a conveyance to perfect the title, and that person is legally bound to do so at the vendor's or lessor's request, the purchaser or lessee may compel the vendor or lessor to procure it.
Section 13(1)(c): Redemption of a mortgage
If the seller promised unencumbered property but the property is mortgaged for an amount not exceeding the purchase price, and the seller has a right of redemption, the purchaser may require redemption, a valid discharge and, if needed, a conveyance from the mortgagee.
Section 13(1)(d): Refund and lien following dismissal
If a vendor or lessor sues for specific performance but the suit fails because of absent or defective title, the defendant is entitled to the return of the deposit with interest and suit costs, with a lien for these amounts on any interest the vendor or lessor holds in the property.
Section 13(2): Contracts involving movable property
The rights under sub-section (1) also apply, as far as may be, to contracts for the sale or hire of movable property. Movable property generally refers to property other than immovable property; the application of each remedy depends on the nature of the property and contract.
Official text and legal reference
Read the Specific Relief Act, 1963 (Act 47 of 1963), India Code official PDF. For an updated consolidated version and amendment information, consult the India Code portal.
Section 13 concerns particular rights and remedies; whether relief can be granted in a dispute depends on the contract, proof of title, pleadings, evidence and other applicable law.
Updated: 5 October 2026. This article explains the statutory framework for general legal information.