If you have not go for Registration of sale deed then he could not do anything, Now first apply in the sub-registrar office for legal heirs names update on the flat papers in Index II and TMC tax receipts.  Later on ask him to vacate the flat as you have got new Buyer and you are ready to pay whatsoever amount he is asking 1.41 lacs, ask him handover all papers too including NOC of society. Apply for legal heirs name up-gradation/ change in the society on share certificate. 

Once all legal heirs name are updated then the case will be different. Because all promises were made be original owner and not by new legal heirs (owners). Then New rule will be applicable because old communication were in oral.

1) you don’t have to have pay Rs one lakh brokerage if there is no letter issued by your father 

2) issue legal notice to buyer to pay balance amount 

3) if he fails to pay file suit for specific performance 

4) agreement survey charges are not required to be paid by you 

5) inform the society not to transfer flat in buyer name as full. Consideration not paid till date 

Please issue a legal notice to Kadam and Society the way you have posted your facts in the present forum. 

Please demand balance payment  with interest of flat from Kadam  as legal heirs of your late father.

Please find out whether Society has transferred the Flat to Kadam or still in process. If not transferred then you and other legal heirs are members of the Society and Kadam is not a member. 

You will have to move Civil Court for temporary injunction against Kadam and Society under order 39 and section 151 of C P C 1908 for stopping them to transfer the flat.

You will have to take mandatory injunction against Kadam and Society under Section 34 and 38 of Specific Relief Act for suit for permanent injunction and declaration of title under the Law.

You may have to resort to legal action against the buyer 

You first ascertain the facts and issue a legal notice demanding him to either pay the rent or vacate the premises. 

You can also inform that if he would delay making the further payment or balance of sale consideration amount immediately,  you would cancel the sale agreement. 

After legal notice you may file a suit for ejectment to eject him from the premises. 

He is an unauthorized occupant in the property now.

Even though the proposed legal action may take time for disposal or settlement,  at least your property will be safe and secure. 

1. I regret to inform that none un family are prudent enough to even consult an advocate while dealing this kind of suicidal transaction.

When everyone in your family are so gullible then getting defrauded in this this fashion is no wonder. 

Now if you want your property back then lodge a complaint with police of cheating. 

Then cancel the agreement and file a suit for recovery of possession. 

In stead of getting cheated by Kadam repeatedly meet an advocate immediately and discuss on the line advised above. 

- Who is the owner of the said flat , your mother or father .

- If your mother is owner of the same , then who has received the amount from the purchaser , she or he ?

- Further without a transfer of the flat by way of registered Sale deed , the said purchaser cannot be legal owner of the said flat , even he got transfer letter etc from you. 

- As per law , for claiming ownership of the Flat in the Society  , the purchaser need many documents from you , but the main document is title deed of the property. 

- If he not pay the remaining amount within the period of agreement weather oral or written , then your mother can cancel the deal and claim the said flat finally.

- Further , if your mother is the owner of the flat and father was a nominee or joint owner , then also your father was not having any right to enter into an agreement with the purchaser , your mother can claim possession on this ground as well. 

- You should issue a legal notice after mentioning all the facts in details , and finally give him a dead line for the remaining payment , and thereby mention that if he fails to pay then he will have no right to stay in the said flat and has to evict the same legally. 

You don't have to pay the said amount to him. Let him send you legal notice you can contest it

Dear Sir,

You are suggested to talk to Kadam and the broker strongly that he should pay the complete amount of Rs, 21 Lac to you as soon as possible and he should also pay the rent, Also he need to pay Rs. 45 thousands for the agreement survey and processing fee and bear 50% of the commission to the broker. Your father might be have made entries in diary etc to this effect and you are suggested to refer the same. Even if there is not written agreement or diary entry, you are suggested to be strict on the suggested terms and you will be able to recover your money. 

Dear sir,

I regret to inform you that you have landed yourself in a mess and you need to engage the services of a good local lawyer immediately as multiple aspects need to be taken care of. 

Broadly speaking you have two remedies: 

1. To insist upon performance of contract by the buyer Kadam and demanding him rent for the period he is un authorizedly using it. 

2. To cancel the agreement for breach of contract and file a suit for eviction.  

The process can be initiated by issuing a well drafted legal notice with all the facts. Make sure to copy it to the Society. Keep the society in the loop and stop them from creating any further rights in favour of the buyer by issuing a separate letter. 

You don't have to pay 45k as demanded by Kadam for the agreement survey and processing fees. 

Also, in the absence of any written agreement between the broker and your father, you don't have to pay 1 lakh as demanded by the broker. Brokerage charges are usually 1-2% in such deals. Don't pay the brokerage till the matter is settled.   

This platform is only to give you brief legal opinions and suggestions. I strongly insist again that you engage the services of a good advocate to manage the situation.

Best wishes.  

You are not liable to pay him anything and transfer fees was also had to bear by him. File FIR agasint him to tress pass in your property without authorization.

Giving transfer letter has no value till sale deed not executed. Transfer letter was provided to obtain loan and to encroach property. Instantly file FIR.

Banks were working even in lock down. He is lying and taking advantage of situation. You have 100% success rate in court.

Brokerage will borne by him. Don`t pay anything, now refuse to pay brokerage also. 

File FIR and last remedy, file suit of recovery of possession. First initiate by filing FIR.

no need to bow down,  don't pay 1 lakh to him. 

Issue a legal notice through an advocate and  file suit for specific performance before competent court. 

1. You should send a legal notice to that kadam and broker for remaining payment and registration of flat with in next month or 15 days time. 

2. Refuse broker and kadam that you are not going to pay complete brokerage and will pay as per market rate also tell them you are going to lodge FIR against them for fraud and criminal breach of trust if they doesnt abide by terms and conditions finalised by your father. You can mention all these points in legal notice.

3. If they doesnt take any step in registration and complete payment then file suit for specific performance against buyer. 

A criminal complaint must be lodged against him immediately for fraud criminal breach of trust and cheating.

A suit for  recovery of money must also be filed in the city civil court.

No money should be given to him.

Ask him to vacate the flat till he arranges the money.

Give an application to the society to cancel his name and all the formalities because of the fraud.