• Expired agreement

One party paid 1 lakh rupees advance on jan 2015 and it has been agreed and writtened that he should pay all balance money before april 30th or else he should abide to actions taken by the seller.we waited for them for more than 3 years and sold our property last year.he made us loose everything.now he is blackmailing us that he is going to complaint us in police.what we can do
Asked 5 years ago in Property Law
Religion: Hindu

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25 Answers

There is no wrong from your side. No criminal offence. Police can not do anything to you in this matter .

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You should  have send the advance money with a legal notice to the purchaser for cancellation of agreement. Now you should send the money by a cheque by cancellation of agreement. Let him to Lodge police complaint. Police authority have no right to interface into a civil matter.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

- As per limitation Act , the recovery period is limited to 3 years from the date of given loan.

- Since, the said loan was advanced on Jan2015, hence the recovery period already expired as per law.

- It means , that he cannot recover the amount from you after filing a case in the court.

- No, Police is not an agent for recovery. 

- If, police harass, then you can also lodge your complaint with the higher official as well.

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

See since time is essence of agreement and further they failed to pay the agreement is not valid and no complaint on same is maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Claim of purchaser is barred by limitation 

 

2) time was essence of contract . He failed to make payment by due date 

 

3) you were at liberty to sell property to third parties 

 

4) refund token money received by you 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

Firstly, it is civil case, criminal complaint is not maintainable.

Secondly, it is a time barred case.

There is nothing wrong done by you.  Be firm on your stand and contest it forcefully.  Don't fear by his uncalled for threatening.  Good luck.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

You need file suit for recovery against him and FIR for cheating if he has cheated you 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi, 

He can't do so because the period or validity of agreement expired in the year 2018 January as per Indian Limiation Act. However, you are suggested to file police complaint against that person.  

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

The  sale agreement is valid only for three years and cannot be enforced beyond the limitation period of three years from the date of the agreement.

If it is a registered agreement then you can deny the repayment of his advance amount however if it is by an unregistered document,  the claim is barred by limitation, but for courtesy sake you may think about returning the amount by deducting the administrative cost, without interest.

The police cannot take any action on this because the agreement has become invalid and there is no obligation to return the advance amount.

You can obtain AB and challenge the same in court of law if he is going to police.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

No police complaint in such cases only suit of specific performance which is also time barred and also not maintainable due violation of agreement conditions by buyer.

Tell him do whatever, police wont even file complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

You need not worry, you have acted in accordance with the agreement.

His claim is also barred by limitation even if he files a case.

It will be civil in nature and police will not interfere.

Even if police interferes you produce the agreement before them.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

This is a civil dispute and police cannot interfere. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

If you have sold the property tgere is mothing left. Dont return his advance.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

you can cancel the agreement as the purchaser has failed to comply with the terms and condition of the agreement. The cancellation of an agreement to sell (sale agreement) depends on the terms mentioned in the agreement. you can sell said property to any third party but you have to refund token money. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Let him make the complaint this is a civil matter he would have filed suit for specific performance if he wanted the property to registered on his name.

Now after 3 years of contract term he can't even force you return the money legally due to limitation of 3 years for recovery suit.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

That was for the extension of agreement. He may not have ticked you !

Well, Not biding on father.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

No it may not be a problem

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

The money what yo took from him shall be for that purpose alone.

This cannot be considered as an amount towards the sale agreement, hence you wait for his next move for initiating further action 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

Further payment should ha even paid to father and not to you as your father is seller of property 

 

 transfer Rs 50 k into his account by IMPS or NEFT

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

Hi, 

You need to be proactive bit and you may say that that transaction of Rs. 50K for some other purpose. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

you can transfer money through online if you know his account or wait for further move. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

No it will be liability against you but liability can extend to amount written by him on plain paper which is signed by you while taking money. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Since you signed and property is in name of your father same agreement is not valid and cannot be executed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

No there won't be any problem. Stick to your story.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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