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Threat by seller & his supporters

Querist : Anonymous (Querist) 12 August 2011 This query is : Resolved 
Hi Experts,

I entered into an agreement in Jan 2009 to purchase a property & in furtherance cleared bank loan on the same as requested by Seller.I am in possession of all orginal documents of property.
Subsequently on many occasions the seller kept dodging the execution on sale deed even though i have paid 80% on the considerations in Jan 2009(Citing reasons market value has increased).
He tried to sell the property to 3rd party & I moved court vide specific performance suit, was granted injunction against the Seller.
The seller reqeuested for mediation & during the proceedings in threatening to file atrocities case & other false cases if i do not withdraw the case & take back my Advance amount.
Pls advise on what should be my guard & defense against such false cases.
prabhakar singh (Expert) 12 August 2011
you can file an affidavit about his threatening in your suit and can send applications to SP etc.,which may provide you easy bail in case he files a criminal case,which once lodged ,shall be investigated
independently.
ajay sethi (Expert) 12 August 2011
you have already been granted injunction restraining seller from selling premises .
you are in driver seat .
he will ultimately settle unless he wants to waitfor disposal of case for number of years .

as advised by mr prabhakar singh lodge police complaint against seller
Advocate. Arunagiri (Expert) 12 August 2011
The false cases on you will not be normally entertained by the police as there is a civil case is pending.

You have the chance of succeeding your case, if you are ready to pay the amount as per your agreement.
Querist : Anonymous (Querist) 12 August 2011
Hi Prabhakar- Could you pls elobrate what should be the contents of the affidavit & when should it be filed...since the case is now under mediations.

Also under what provisions can i file a complaint against the seller.
G. ARAVINTHAN (Expert) 19 August 2011
Better to lodge a complaint to police regarding the threat made by the Seller. Pendency of Civil case and existence of interim order will support you.


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