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Lawyer Fees for Agreement To Sell And Specific Performance in India (2026)
If a sale agreement is being broken and you are thinking of going to court to enforce it, the first worry is usually money. What does a lawyer charge for a specific performance case? There is no single price, but there are honest ranges and a clear set of things that push the cost up or down. This guide explains what you are likely to pay, how court fee is separate, and the free help you can try before you spend anything.
- No fixed price: specific performance fees depend on property value, city, seniority and how contested the matter is.
- Typical drafting and filing: Rs 20,000 to Rs 1,00,000 or more as a professional fee; confirm with the advocate.
- Court fee: ad valorem on the property or sale value, paid to the court separately.
- Injunction: may be bundled or billed separately; ask.
- Free help: DLSA/SLSA, NALSA and Lok Adalat for those who qualify.
- Always: get the fee arrangement in writing before you engage.
01Why there is no fixed price
A suit for specific performance of an agreement to sell is a contested civil case under the Specific Relief Act, 1963. It can run for a few hearings or for years, it may need an urgent injunction to stop the property being sold to someone else, and it turns on documents and evidence. Because the work varies so much, lawyers price by the matter, not by a menu. Two cases over the same kind of sale agreement dispute can cost very different amounts.
Anyone who quotes a single flat all-in number before seeing your agreement and the facts is guessing. A fair advocate will give you a range and explain what could change it.
02Typical fee ranges
The figures below are a typical range for professional fees. The real figure varies by city, the seniority of the advocate, and how complex and contested your matter is. Confirm the fee and how it is charged before you engage. Court and government fees are separate.
| Work | Typical range (professional fee) |
|---|---|
| Legal notice for breach of agreement | Rs 2,000 to Rs 10,000 |
| Drafting and filing the specific performance plaint | Rs 20,000 to Rs 1,00,000 or more |
| Interim injunction application | often bundled, else Rs 10,000 to Rs 50,000 |
| Per effective hearing / appearance | Rs 2,000 to Rs 15,000 or more |
| Senior counsel appearance (where used) | much higher, quoted case by case |
Many advocates charge in stages: a drafting and filing fee, then per hearing, rather than one lump sum. Others agree a consolidated fee for the whole matter. Neither is wrong; what matters is that you understand it before you start. If you are still deciding whether to engage anyone, see whether you need a lawyer for specific performance and when to hire one.
03What drives the cost up or down
- Property value: higher-value property means higher stakes, higher court fee, and often a more senior advocate.
- City: fees in the metros are generally higher than in smaller towns.
- Whether an injunction is needed urgently: an urgent application to preserve status quo adds work early on.
- How contested it is: if the other side fights hard with multiple witnesses and interim applications, the hearing count and cost rise.
- Whether you also claim refund of advance and damages: pleading alternative relief is standard and usually does not add much, but it affects the valuation and court fee.
- Appeal: if the first court decides against you, an appeal is a fresh round of fees.
04Court fee is separate
The fee you pay your advocate is not the only cost. The court charges its own court fee to file the suit. For specific performance this is ad valorem, meaning it is a percentage linked to the value of the property or the agreed consideration. On a high-value property this can be a large amount, and it is paid to the court, not to your lawyer.
Ask for the total, not just the lawyer fee
When you compare advocates, ask each one to estimate both the professional fee and the likely court fee for your property value, plus incidental costs like process fees and document charges. That is the real total, and it lets you compare fairly.
05Free and low-cost options first
Before paying, check whether you qualify for free legal aid.
- DLSA and SLSA: the District and State Legal Services Authorities provide a free advocate to those who qualify on income or category grounds.
- NALSA: eligibility and contacts are at nalsa.gov.in.
- Lok Adalat: if both sides are open to settling the sale agreement dispute, a Lok Adalat is free and gives a binding award, which can save the whole cost of a contested suit.
Even a single paid consultation, which is far cheaper than a full case, can tell you whether specific performance is worth pursuing or whether a refund of advance claim is the better route.
06Questions to ask before you agree a fee
- Is this a stage-wise fee or a consolidated fee for the whole matter?
- What is charged per hearing, and what counts as an effective hearing?
- What will the court fee be for my property value?
- Is the injunction application included or billed separately?
- What happens to the fee if we settle early or go to a Lok Adalat?
- Will you put the fee arrangement in writing?
A written, stage-wise fee you understand is worth more than the lowest quote you do not.
07How Claw helps you find the right lawyer
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Through Claw's Find a Lawyer service you describe your specific performance or agreement to sell dispute in a short guided chat, and Claw connects you with a verified, independent advocate who handles property litigation, in your state or city where possible, for an online or in-person consultation where you can discuss the fee up front. A basic request is free, or you can choose Rs 99 priority for faster matching.
The advocate is independent and practises on their own. Claw does not employ or empanel advocates, is not a law firm or your advocate, and does not give legal advice. The advocate's professional fee is paid directly to the advocate; under Bar Council of India rules Claw does not share it. Start at Claw Find a Lawyer.
08Frequently asked questions
What is a realistic budget for a specific performance case?
There is no single number. As a typical range, drafting and filing the suit can run from about Rs 20,000 to Rs 1,00,000 or more in professional fees, plus per-hearing charges and a separate ad valorem court fee that depends on the property value. A smaller, less contested matter in a smaller city costs less; a high-value, heavily contested matter in a metro costs more. Always confirm the figure with the advocate for your facts.
Is the court fee part of the lawyer fee?
No. The court fee is charged by the court to file the suit and is separate from what you pay your advocate. For specific performance it is ad valorem, a percentage linked to the property or sale value, so on an expensive property it can be significant. Ask your advocate to estimate it before you file.
Can I pay the lawyer in stages?
Often yes. Many advocates charge a drafting and filing fee first, then a fee per hearing, rather than one lump sum. Some agree a consolidated fee for the whole matter. Ask which model the advocate uses and get it in writing so there are no surprises later.
Does claiming a refund of advance cost extra?
Pleading a refund of advance and damages as an alternative to specific performance is standard practice and usually does not add much to the professional fee. It can affect how the suit is valued, which in turn affects the court fee. Your advocate can explain the effect for your agreement to sell.
Can I avoid these costs?
If you qualify for free legal aid through the District or State Legal Services Authority, you can get an advocate at no cost. If both sides are willing to settle the sale agreement dispute, a Lok Adalat is free and gives a binding award. Even one paid consultation, far cheaper than a full case, can help you decide whether going to court is worth it.