There is no wrong from your side. No criminal offence. Police can not do anything to you in this matter .
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
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There is no wrong from your side. No criminal offence. Police can not do anything to you in this matter .
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.
- 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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
Before 2 years he spoke to me when I was in a urge of money for my semester fees and tricked me to get 50k without my fathers knowledge which I am ready to refund it but he is not accepting that. And I have signed for that in just a white paper.but the sale advance agreement is in my dads name.is this could be a problem anymore.
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
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
Hi,
You need to be proactive bit and you may say that that transaction of Rs. 50K for some other purpose.
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.
Since you signed and property is in name of your father same agreement is not valid and cannot be executed.