• Sent notice to cancel agreement now buyer is harassing me

In response to my previous question, I sent a legal notice for cancellation of Sale agreement (unregister) because buyer has not fulfilled the agreement and the date of the agreement was lapse, now after receiving the legal notice for cancellation the buyer is threatening me by tell me he will put a false case against my property that he owns it and he will get the stay order from the court so no one will buy this property from me, altough the property is registered on my name and the previous owner of the property has registered deed. 

My question is, can he really put a case against the property? and block the property, and he is harassing me and telling everyone in the society that he will get me screwed. 

Please advise in this scenario what under the law can he do to give me trouble and what shall I do next. 
He received the notice today and refusing to return the sale agreement paper and telling he will put many cases against the properties,
Asked 8 years ago in Property Law
Religion: Muslim

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13 Answers

1. Do not worry as it is mere an empty threat and he ca not do much on this.

2.The only remedy he is having is to file a suit for specific performance of contract.

3.However to file such suit lot of court fees is to be paid and there is no guarantee that the court would grant decree in his favour except asking you you to return his money along with interest.

4.there is no scope for filing of any criminal case on this basis.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Purchaser can file suit for specific performance to direct seller to execute registered sale deed in his favour

2) seek injunction restraining you from selling the property

3) it should be your defence that time was essence of contract

4) as purchaser failed to make payment within time sale deed was cancelled

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

.1. Just file a caveat petition which informs you if he goes to court and claims ex parte TI Order.

2. He may file a suit for Specific performance and seek relief of not to alienate.

3. Your advocate resist any such injunction order in his favour. If you require money then raise bank loan instead of selling the property as property rates are increasing.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Then i do not see much of threat from his end.You can proceed to sell the proeprty to a new buyer after cancelling his agreement and refunding his money.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Burden of proof is upon purchaser to prove that he was ready and willing to perform his obligations under the contract

2) if he did not have any money he could not have purchased the property

3) purchaser suit would be dismissed

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. Look you cannot stop anybody from filing a case in the court, but one who goes to the court has to prove his case and stand on his own feet.

2. If you had issued him a lawyer's notice and it was served then you are free to sell the property to someone.

3. When the sale deed is registered in your favour there is no way he can impeach your title thereto.

4. If he files a suit for specific performance you can fittingly contest it to prove that it was he who failed to fulfill his part of the obligations under the agreement, and is therefore not entitled to seek specific performance.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

As per the facts explained by you, you have a good case.

Even if the purchaser files a case for performance of the contract the purchaser shall pay the balance sale price and register the property in his name or he can claim only the amount he has paid under the agreement.

The purchaser can not file any other case other then for specific performance of the agreement.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Since the purchaser himself failed to fulfill the obligations therefore the sale deed was cancelled, time was of essence.

Even if the case is filed you will have to use the above statement as your defense.

If the case is filed then the same will be a weak case which can be defended by you easily.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the suit is filed then it will be his duty to prove the fault in your part (there is none) and as such any suit filed will not sustain for long.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

FILE FIR

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Hi, it is advisable for you to file a civil suit for specific performance as he is the one who is not complying with the agreement ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

My question is, can he really put a case against the property? and block the property, and he is harassing me and telling everyone in the society that he will get me screwed.

It is a false threat posed by the vexatious buyer who out of his grievances is giving this threatening call.

Dont be worried about such gimmicks, ask him to proceed to court, where you can challenge his non-maintainable suit.

Please advise in this scenario what under the law can he do to give me trouble and what shall I do next.

He received the notice today and refusing to return the sale agreement paper and telling he will put many cases against the properties,

You need not worry about the sale agreement held in his possession.

you can issue a public notice in a leading newspaper stating the unregistered sale agreement entered with the said buyer has been automatically cancelled owing to the unwillingness and non-performance to perform his part of contract by the buyer and any attempt made by him to illegally alienate or spreading false information of the property will not be binding on you.

Subsequently you can even file a caveat petition agaisnt the buyer in the jurisdictional court.

This step will protect your interests.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

If he files a file suit for specific performance, he has to buy my property and register on his name right? but the problem is he is not even ready to buy the property as he doesn't have the money I already waited over 120 days now but the sale agreement was to be completed within 30 days, and after 30 days i have continuously chased him and requested him to complete the sale or else cancel mutually and he did not agree for the same. This is the reason i had to send him a legal notice otherwise i wouldn't have send.

If you anticipate the buyer to file a suit for specific performance, then you should file a caveat petition before he files a suit to avoid getting him an interim injunction.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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