responsibilities set out in the contract. To seek specific performance of ATS, the buyer should not have defaulted on or breached the contract himself. For example, where the buyer himself has breached the condition of making full and timely payment of advance sale price, the court may not grant the buyer relief of specific performance in his favour. The buyer should also be able to demonstrate his continued readiness and willingness to perform his obligations contained in the ATS.
Whether or not the ATS is required to be registered as per the Indian Registration Act, 1908, is also a factor that courts consider. Whether or not an ATS requires compulsory registration depends on legal provisions of the state in which the property is located. Not registering an ATS