Dear Sir/Madam, I am a NRI executed a 5 years period of sale deed registered with Chinnamanur Registrar, Tamil Nadu (27 Acres of Punjai Land, guideline value 78L) thru my POA to a land developer/buyer. We signed another notarized agreement to Rs. 45,000/- per cent totalling 12.15C to prepare the land, make plots and sell accordingly. Initially, he paid 2C payment, so we registered, a partial portion (445 cents) at the front end of the land entrance including the 30 cents 22Ft wide path, to enable his processing of CMDA approval. Now, suddenly the buyer sold the 24 cents of 22ft wide path property at the front entrace, amounting 5.8L per cent (1.3C) making harder for us to enter into our backside properties, or even to consider selling the plots in the long run. He is adamant in blocking the whole pathway, but shows us the adjacent Panchayat path (belonging to some other party) to access our own land. He tells that once sold to him means he can do anything, irrespective of promises, 5 years sale deed and 12.15C of notorized agreement, while threatening us in many ways to remain calm Please advise, How can we cancel the sale deed (partial) due to his backstabbing, threatening, fraud, and quick money making intention. He is a powerful, politically influenced and alcoholic nature guy, willing to draw us to police/court. I have given my WhatsApp number for your easy reach. Please help us.
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Sake deed cannot be cancelled if you don’t have access to your land
2) you have to file suit seek easmentary right of necessity of there is no other access to your land
3) if there is alternate pathway easmentary right of necessity would not be granted
It is not clear what you want to say by, ” executed a 5 years period of sale deed
.” is it a lease for five years? Whatever it may be, I am presuming that a sale deed is executed and registered by you five years back. Once immovable property is sold the buyer is free to transfer it to purchasers, unless there is clause to leave any pathway. You mention of promises made by buyer, unless such promises are in writing, you cannot do anything against you purchaser.
If you want to contact any advocate you have to call them by obtaining their contact details that is available in this forum.
Now in your case you cannot cancel the sale deed if it was executed by a registered deed.
Since the pathway is the problem, you can file a mandatory suit seeking easement rights for access to road from your remaining property.
First of all how can sell the front side property without considering the fact of road access or pathway for ingress and egress for the property lying at the rear or backside of the property now sold.
You may visit the conditions of sale deed that if you have allowed him to block i.e., have you sold the entire front side property which will block the pathway access to the property lying at the backside of the sold property.
You may have no option than to file suit for bare injunction for easement rights by necessity
Dear client,
Based on the information you provided, it seems like the buyer is in breach of the notarized agreement and the 5-year sale deed. You should consult a lawyer in India who specializes in property law and litigation to assess the validity of the sale deed and the notarized agreement and advise you on the legal options available to you.
One option may be to file a civil suit to cancel the sale deed and seek compensation for any damages caused by the buyer's breach of the agreement. It may also be possible to obtain an injunction to prevent the buyer from blocking the pathway.
It is important to note that litigation can be a lengthy and expensive process, and it may be in your best interest to try to negotiate a settlement with the buyer. However, if the buyer is not willing to negotiate or continues to engage in threatening behavior, it may be necessary to pursue legal action to protect your rights.
You should also consider contacting the local authorities or police if you feel that your safety is at risk. It may be helpful to document any threats or incidents of harassment for evidence purposes.
It is recommended that you seek legal counsel in India as soon as possible to address this matter
