You have not mentioned about the sale agreement entered between your father and the builder.

The builder's claim is illegal and unjustified. If there is an agreement, then there will be a time stipulated in it within which the contract should be completed, in the absence of it, your dad may go ahead with letting the property on rent and should warn him of the consequences if he is trying to interfere. Your dad may offer to return his advance amount without interest, if he is not agreeing, he may issue him a legal notice terminating the contract and advise him to accept the advance amount which you should send it by a crossed cheque with a mention about its details in the legal notice.

If the builder's tortures are beyond tolerance, a police criminal complaint may be lodged against him for his illegal acts and threats.

There is no such thing that anyone can take law in their hands and pose dangers to others by flouting the rules or threatening others with the influence and help of anti social elements,. All are equal before law.

There is absolutely no law as such and your father is not liable to pay any money unless off course such were the terms of agreement between your father and the developer.

That said you have a good case. If the possession is in your control then feel free to alienate the property to someone else. But do ensure that you have returned the money to the developer before you enter into a contract with another. Because if the developer realises you are about to cancel the contract then he might just approach the court and take an injunctive relief restraining your father from creating third party rights.

So you must do the things very swiftly. Preferably send the cheque back to the developer and keep a person ready to buy. The other agreement should be executed as soon as the developer receives the cheque so that he does not have the time to get an injunction.

It is advised that you take into consideration the language of the agreement between your father and the developer at every turn. If time was the essence of the contract then that should further help you.

It is also advised that you must do all your correspondence under the supervision of an able civil lawyer as otherwise you might just end up wasting precious time or fail to take cognizance of important contractual language.

1) it is necessary to peruse agreement signed by your father with developer .

2) your father cannot be forced to reduce sale price of Rs 2.3 crores agree upon

3) your father can cancel the agreement if time was essence of contract and builder has failed to make balance payment

4) refund Rs 25 lakhs and cancel the agreement

5) your father is not bound to pay the builder Rs 50 lakhs unless there is such a provision in the contract

6) your father should record the abusive phone calls and lodge police complaint of criminal intimidation under section 506 of IPC against the builder

1) it is necessary to peruse agreement signed by your father with builder

2) if time is not essence of contract builder can make balance payment within period of 3 years

3) your father will have to pay Rs 50 lakhs if he cancels the contract with the builder

Actually any or all the contract will be within the fixed time limit for performance hence any contract without the said limitation can be considered as void.

If there was no condition about the termination of contract, the builder cannot apply a clause unilaterally suiting his convenience, it stands vitiated legally and any claim in that regard may not be considered by a court of law.

As suggested your father may send a legal notice on the lines of the suggestions made to safeguard his interests.

Okay then your case will be to argue that the developer stands repudiated by his conduct of not willing to pay the entire money and also by not completing the obligations under the contract within the contractual time. And you have to argue that since h has by his conduct broken the contract so he must be liable to pay you the damages of the 50 lakhs. In all probability he too will file a counter suit for specific performance.

Such grievances have to be brought on record through proper detailed correspondence. Also you have to consult the letter of the contract very strictly in this case.

You are advised to meet a local lawyer with the papers. Just ensure that he is well aware of suit proceedings especially suits for specific performance and Title Suits.

Hello,

1) All depends on the terms and conditions stipulated in the initial agreement to sell entered into at the time Rs.25,00,000/-was advanced.

2) If there's a time clause which is ought to be there it will be binding on the buyer too. It is pertinent to see the contents of the Agreement.

Hello,

1) Breaking the Agreement is applicable to the buyer too. His demands fur reducing the agreed price isa violation if the contact from his part.

2) If there's no time clause to complete the contract your father can send a legal notice and demand the payment to be completed and the contract concluded or forfeit the advance amount.

3) In the meantime your father can file a police complaint against the buyer against the criminal intimidation on part of the buyer.

Without seeing the agreement it's very difficult to advise.

The clause dealing with cancellation or refund must be mentioned in the agreement which alone can throw light on this.

1. The agreement should be got drafted from a lawyer. The readymade drafts which are provided by the brokers should never be accepted as they are one sided and do not protect the rights of the sellers. The brokers invariably take the side of the buyer and not seller. Be that as it may, if an agreement was entered into then it ranks sacrosanct. Both the prospective buyer and seller are bound to honour the terms reduced to writing in the agreement.

2. The sale consideration mentioned in the agreement cannot be unilaterally changed now.

3. If the prospective buyer fails to pay the consideration amount which has been incorporated in the agreement then he is at fault, and thus has to pay double the amount.

4. Your father can forfeit the earnest money which has been paid to him. He can also file a lawsuit against the prospective buyer to seek court's directions to him to honour the agreement. If no time has been mentioned in the agreement with respect to the completion of the sale then it is a blunder.

5. Get the agreement vetted from a lawyer.

1. Was there any agreement executed by and between your father and the developer?

2. If yes, what is the term of payment and is here any forfeiture clause for forfeiting the advance if further payments are not made on time?

3. However, if here is an agreement, your father shall have to act strictly as per the agreement,

4. If there s no such written agreement, then the developer can not demand any extra amount from your father,

5. Let your father return the said Rs.25 Lakhs by ECs payment and if that is not possible let him make a DD for the aid amount and send it to him through speed post duly preserving the track report fr delivery of the said DD,

6. After returning the said amount, let your father send him a letter duly cancelling the agreement on specified ground,

7. The said cancellation should be drafted by a lawyer since it may be a document which will be placed by the developer before the court,

8. If the developer uses abusive language and harasses your father, he should lodge a police complaint immediately under copy to local S.P.