Send a reply to his notice saying that the agreement to sale was rendered invalid due to flux of time due to his failure to pay you the entire sale agreement within the stipulated time. You're advised to send the above reply through a lawyer. hence, you should take assistance of a local lawyer.

Does your agreement to sale contains any specific time limit for sale deed?

If yes then until that time you cannot revoke the agreement. After that time limit has passed you can avoid the sale deed. If the buyer approaches court then contest the suit on this particular reason that he did not come forward to fulfil his part of the agreement.

But if time is not specified in agreement then you cannot avoid the sale transaction. You have to cancel the agreement to sale with mutual consent and pay the advance as well as compensation money to the buyer.

1) You should send a legal notice through

advocate.

2) After sending a legal notice, you can starts

your constructions on your land.

3) If buyer ask for token amount then you can

refuse or you can also give it to you.

Firslty, it should be mentioned in the agreement that when the next payment has to be made.

Secondly, if no one comes on the said date forward then it may be the fault of both.

Thirdly, as he has paid 30 percent you may have to give him back, but without any interest on it as he also has fault.

Fourhtly, as the agreement has been violated now, you are free to sell it to anyone you wish to.

You are bound by terms and conditions of agreement entered into with purchaser

2) if any legal notice is received contact a local lawyer and reply to notice

3) mention that you were ready and willing to perform your obligations under contract but purchaser has failed to make balance payment

This is my response to you:

1. Did you sign an MOU?

2. Was there are any time limit written there?

3. If no, then you are not bound to complete the sale;

4. If you want, return the money immediately;

5. Let him take back his money, record it in writing and finish off the transaction.

Sir give him notice cum reply of notice stating that since he failed to make payments land was not registered. Therefore he breached the agreement and it stands cancelled. return the advance amount deducting you expenditure and some amount for waiting period.

1) What clauses you had mentioned in the agreement to sale and what isbthe time frame in that work it accordingly.

2) Try to retain amount back asap if he had paid it and time frame is over.

1. Did you go to the registrar's office on the date appointed for the execution of the sale deed and get your presence marked in the register maintained in that office? If you did not do this then it will be rather easy for him to prove that you were not ready to prove your contractual obligations under the agreement.

2. Be that as it may, unless there is an injunction issued by the court against sale you are free to sell the house.

If you are agreement to sale has exit clause like the time limit to complete the transaction and that time is past this agreement cannot be enforced and you have to within the amount as per the agreement after detecting the amount allowed for from the amount paid you are not bound to complete the transaction as per the agreement as this agreement cannot be enforced by the law after its expiry

You should duly reply to the notice sent by him stating that he had not come forward to buy the property before the expiry of the agreement to sale, hence, the contract stood cancelled. You should also refund the earnest money received by after the deduction of some amount for non- fulfillment of his part of the contract.

1. IT would be illegal to Cancel /Rescind the Deal, once advance /token money has been taken. HOWEVER, IF you wish to cancel the Deal, THEN serve a proper Legal Notice to the Buyer, stating that since the deal was not completed within the given time frame and hence the deal is cancelled and that Advance /Token money be collected.

Keep Smiling .... Hemant Agarwal

If he has sent you a notice you may give a reply notice to him denying the allegations and express your unwillingness to sell the property since it is barred by time limitation.

You may inform your willingness to return his booking amount after deductions of administrative costs.

Let him approach court where you can make your stand clear.

You can challenge the same on merits.

Submit those call recordings in court as evidence to show it is non performance on part of developer and not you. You should prove that yoy were and are willing to perform your part of the agreement.

In any case if the sale agreement is held to be valid you can't sell the property at an higher rate than the rate agreed in the sale agreement.

The call records are not admissible as evidence in court of law.

Since the buyer did not make any effort to buy the property within the stipulated time as mentioned in the sale agreement, this can be banked upon to defend your interest.

You discuss with your advocate at length about all the strategies.

File your written statement in suit filed by plaintiff

Deny allegations made and state detailed facts of the case

you can file reply and order 7 rule 11 application to dismiss the suit of party on ground that is barred by law and there is no cause of action.

You should file befitting written statement in the court stating your difference as to y the suit filed by the buyer is not maintainable.

You should take help of some experienced advocate dealing in such matters for the same.