Requirement of proof regarding financial wherewithal on the stipulated due date

A buyer seeking specific performance of a high-value property agreement must adduce concrete, verifiable proof of possessing the necessary financial wherewithal to pay the balance consideration on the exact due date. Failing to demonstrate bank balances, credit facilities, or liquidated assets capable of satisfying the remaining sale price on the contractual date undermines the claim of readiness. Courts cannot presume financial readiness based on vague assertions or future promises of funding without immediate proof of capacity at the relevant time. Additionally, practical steps such as attending the Sub-Registrar’s office on the scheduled day serve as material evidence of a buyer's serious intent to perform. The absence of both financial proof and physical attendance at the registration office severely weakens the buyer's case for specific performance. Thus, establishing financial wherewithal on the agreed timeline remains an indispensable requirement for securing a decree of conveyance. (Subhash Aggarwal v. Mahender Pal Chhabra & Anr. | 2026 INSC 11)