Legal Question in Real Estate Law in India

I had entered into an agreement of sale for my house which was not executed by the buyer on flase claims of cheating. I had sent him legal notice through my lawyer and have terminated the agreement and invited him to take his Money back. he however never responded and after few months have sent written complaint to various authorities with false and baseless charges against me. The complaint filed by him with Police is causing great concerns and harassment which is the ultimate motive of the buyer.

he has hidden the fact that the agreement was terminated and have also claimed absolute ownership of my flat by writing to my builder and threating him.He simultaneously in his police complain have claimed that he has only paid part of the money and cannot take loan since I am not cooperating with him to take measurement of my flat.

kindly advise what is that we can do.


Asked on 10/16/10, 7:05 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

since he had only entered into an agreement for purchasing your flat, the same does not give him any right whatsoever to file a criminal complaint. his right at the most is to file specific performance of agrement. Be as that it may, since he has already made the complaint, you check whether police has registered the FIR or not. if yes, go for your anticipatory bail and then contest or file for quashing of criminal complaint. If FIR has not been registered, then do not succumb to pressure. this may be a tactic to get the flat from you or for you to not to sell to any one else.

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Answered on 10/17/10, 1:25 am


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