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Section 25: Application of preceding sections to certain awards and testamentary directions to execute settlements

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 24 All 44 Sections of Specific Relief Act Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 of the Specific Relief Act, 1963 provides that the provisions of Chapter II respecting the specific performance of contracts shall apply to arbitration awards and testamentary directions to execute settlements.

  • Application to Arbitration Awards: The provisions of Chapter II as to contracts shall apply to awards to which the Arbitration Act does not apply.
  • Application to Testamentary Directions: Applies to directions in a will or codicil to execute a particular settlement or transfer.
  • Equitable Enforcement of Settlements: Enables beneficiaries and family members to specifically enforce awards and wills mandating execution of formal deeds.
Key Landmark Precedents:
  • R.M. Ramaul v. State of H.P., (1991) 1 SCC 198: Discussed the statutory enforcement of settlement directions and arbitral awards through specific performance provisions.
  • B. Santoshamma v. D. Sarala, (2020) 19 SCC 80: Affirmed the broad reach of Chapter II equitable remedies across testamentary and consensual settlements.
Courtroom Practice & Strategic Litigation Guidance:

In family settlement awards or testamentary directions in wills mandating the execution of a partition or trust deed, file a suit for specific performance under Section 25 to compel recalcitrant executors to execute the deed.

Section 24 All 44 Sections of Specific Relief Act Section 26