See firstly it is responsibility of seller to handover the peaceful possession of the property if he is not able to do that you can cancel the property transaction and can ask for refund. If he is giving you peaceful possession of property and title of the property is clear then in that case you don't have to worry and can go ahead for purchase,

Also yes since there is sell agreement signed he can go for the specific performance suit.

1) seller is absolutely correct 

2) he can file suit for specific performance if you fail to make balance payment within time stipulated in the contract 

3) as on date seller is in position to offer you vacant possession of apartment 

4) litigation is long drawn  and expensive proposition 

5) dont cancel the deal 

Are you a buyer or seller?

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

Sale deed or agreement to sale ?

No case made out against you, move from the deal and demand for refund. 60 days period of also over. agreement expired.

Sale of property means free from all encumbrance, And third party involvement in the property itself a ground to reject the deal.

than by efflux of time , agreement is expire as builder not able to provide you vacate and peaceful possession in given time. Issue notice for cancellation of agreement and refund or file police complaint. 

Yes Sir I understood your situation here , see in case the property title is perfect you, are interested to buy it and also possession on day is available then sometimes sellers can be messy go ahead with the deal, if he is not able to provide vacant possession then terminate the deal and seek refund. 

Make full payment at time of execution of registered sale deed 

Dear Sir,

Buyers can terminate real estate contracts under certain conditions. Sellers have fewer opportunities to cancel, but may be allowed to keep buyer deposits if purchase agreements are canceled for some or no reason. Home buyers can't back out just because they've changed their minds,

You can cancel the agreement upon failure of terms by the seller. 

Issue a notice to his by cancelling the sale agreement entered with him and ask him to remit the advance amount paid by you. If he refused to repay the advance amount then lodge a criminal complaint against him for cheating. You can also file a civil suit to recover the advance amount. In the said notice, you have to mention that the sale deed not taken place because of the failure to hand over the vacant possession.

You can cancel the deal. But if there is a registered agreement you can't do it unilaterally. He will challenge the same in court. You can take ground of breach of contract

you can cancel the sale agreement as the seller has failed to comply with the terms and condition of the agreement. The cancellation of an agreement (sale agreement) depends on the terms mentioned in the agreement.

If the seller is not ready to deliver vacant possession of the property proposed to buy then yo may inform the seller by a notice that since he did not comply with the conditions of the sale agreement you are cancelling the agreement and demand him to return the advance amount paid to him.

After that if he still insists on legal action, you may initiate legal steps to recover your amount lying with him by filing a money recovery suit.

Yes, since it is a sale agreement, you can very well initiate action to cancel the same by issuing him the legal notice as the period for registering the sale deed is over and he was not ready to perform his part of contract as on the date of expiration of the time mentioned in the sale agreement.

You have to send a notice to the buyer stating that the sale agreement has expired and asking for refund of the advance paid by you within a set deadline.

1. As per the information mentioned in the present query, makes it clear that there has been an agreement of sale and the same stand expired now.
2. And I believe that there is no clause in it which might talk about any condition to be full filed after the expiry period.
3. And if this is the case then both you can’t sue each other for any fault at whosoever end.
4. It is because of the reason that neither of the party proceeded further for the enforceability of the agreement.
5. Make sure that there is no proof at his end in which he has showed the interest in selling but you denied then he might come up with some other objection that you will have to rebut before the court of law.