- This topic has 3 replies, 2 voices, and was last updated 1 year, 3 months ago by
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SHello,
Need a help and suggestion. I was planning to sell a property jointly owned by mom and me in India and I live in UAE, we took an advance amount of 5 lakhs and balance payment in next 4 months was supposed to be paid, he paid some balance payment later on but we decided not to sell the property and agreed as per the contract to refund him 2x the advance amount i.e. 10 lakhs. But he is asking that whatever payment he has done will be counted as advance and 2x should be on all the payments made. The deal was also not completely white which is also one of the reason we backed off later on as it would be too much of a headache and decided to go for all white transaction.
Later on he brought his friends and said that he will file some minor FIR against me and that I will have issues with my work in UAE your passport will be seized etc etc.
How should I proceed about it? We are planning to send him a legal notice stating our intentions not to sell and cancelling the contract then returning the amount.
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BLawyer here, based in Delhi. If the agreement clearly states that only the advance amount will be doubled in case of cancellation, and not every payment made, then his demand has no legal basis. You are well within your rights to cancel the deal and refund twice the advance, as agreed.
If he is threatening to file false cases, that amounts to criminal intimidation. You should proceed with a legal notice stating that you are cancelling the contract and are ready to refund the agreed amount. The notice should also warn that any further threats or pressure tactics will be responded to through legal channels. Let me know if you require assistance in drafting it.
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SAgreement clearly states 5 lakhs advance amount and remaining balance to be paid later on. In case of cancellation of deal by me I have to pay 2x of advance amount only not the balance amount.
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