1.  If you get a good buyer at this point of time, you can enter into a sale agreement with him for which the number of the parties would be two- buyer and seller.

2. However when the builder would be going to sale deed in your favour then you would make a tri artie deed wherein the developer would sell this to your buyer and you would appear as Confirming Party.

3. For delay in completion certification you would not be liable in any way.

1. Process is correct

2. Yes, for any breach of term of agreement,  aggrieved party can file complaint. 

1. Enter into a tripaty agreement with the new buyer and builder shall be confirming party. Then builder can register sale deed directly to new buyer.

2. No , right such condition in new sale agreement that in case of delay the relief shall be against builder not you.

No the said fact is beyond your control so no case will be made out against you.

Yes this process is correct but you have to make sure that this clause should be included in the tripartite agreement that incase if any delay in possession  the Builder is only responsible for the delay and compensation in respect of delayed payment

If there is delay in issue of completion certificate then purchaser will have to sue the builder 

2) registered tripartite agreement is to be executed between you and purchaser and builder as confirming party 

3) builder woukd issue no dues certificate 

Once you sell your rights under the triparty agreement to your buyer, the builder will directly execute sale deed with your buyer on obtaining CC

If builder does not complete project on time, buyer cannot hold you liable. His remedy will be against the builder

To above extent, i differ with your lawyer that after triparty agreement, you have to do sale deed with buyer when CC is issued for project. Doesn't make any sense

1. Yes this is right

2. NO. Make a mention on the agreement then in case of delay you will not be liable and the party will not have the right to institute a case against you. 

Regards  

Absolute correct process. registered triparty agreement and executed between you and purchaser and builder as a confirming party .

No criminal case but this way double stamp duty will be payable. Why don't you surrender your flat to third party and let the matter stay between builder and third party. You can take your profit.

The tripartite agreement will contain all conditions to meet the eventualities  what are  apprehended by you now.

You may go through the conditions in the tripartite agreement, if satisfied you may proceed or you may ask them to make certain changes suiting to your taste.

1. As per the information mentioned in the present query, makes it clear that the third party would be an individual or any group of person but surely by the bank.
2. In Indian Real Estate industry, a Tripartite agreement is an agreement between three parties- The Buyer, The Bank, and The Seller/Developer. The Tripartite agreement lists the obligations of all the three parties involved. This agreement contains all the details of the mortgage for the home/apartment, the rights & liabilities of all the parties involve specifications of the property, the carpet area and all details pertaining to the loan/financing of the property, the date of possession of the property and specifies the details of the penalty clause.
   Tripartite agreements have been established to assist buyers with acquiring loans for properties against the planned purchase of the property. Since the home/apartment is still not in the name of the customer until possession, the builder is included within the agreement with the bank.
3. The Tripartite Agreement should have a declaration / representation from the developer or the seller stating that the property has a clear title and that the Developer has not entered into any new agreement for the sale property with any other party.
4. So, the third party would also have the right to sue for any fault at either of the rest two parties and vise-Versa.
5. But, that may be the suit for breach of contract or consumer complaint not a criminal case against you.