I have purchased a Plot from a "Panchayat approved layout" (which will not come under DTP). Later I executed a Sale agreement in January 2010. Sale agreement say’s that, if purchaser shall not the amount by 8th March 2010, this agreement shall be null and void.
When I contacted the Purchaser in beginning of the March month, he informed me that, there is a canal (as per old documents) in between the plot and asking me to give back the advance amount.
Actually, a dry canal was there in the layout passing middle of the plots but the LAND LORD has re-routed the canal through his own land only while preparing the layout. He got the Approval for Layout, so all are purchased the plots (all the plot holders knew that canal issue).
The plots were registered 2 to 3 times, like from Owner to X, X to Y, Y to Z.. here I am “Z”..
Once panchayat approves the layout, is there any chance that, at later date someone will come up and say "the canal has to go through the plot”??
The date (8th March) mentioned in the agreement has expired; still the agreement is valid for the purchaser legally?
I request the respected lawyers to advise me on the above issues….
mr subba reddy first of all there is nothing to panic , as with regard to the agreement it is valid for many reasons beyond the expiry date .
now the matter is to cancell the said agreement or make a registration of the agreement ? this depends upon the canal issue as far as your facts concerned.
about the canal is yes the land lord can substitute the land for lay out and he did so is it not ! the panchyat lay out are valid and approved one, but once the panchayat approved it doesnt mean its final there cane be issues with this sublect
the sole problem is canal, there are many governed laws that has to pass through before canal substitute if those are done then nothing is the problem