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snehashree (pensioner)     24 July 2012

Ownership of land

My Dear Experts,

I purchased a readily built house from a housing society. They approved my application for membership of the society and approved purchase of plot number 9 in the society along with the house constructed over it. At the time of purchase, it was told to me by the then Chairman and secretary that there is no loan pending on the house and in case spme thing comes up subsequently, the previous owner will pay it at his cost and I will not be burdoned for the payments.

There was an adjecent plot number 8 which was vacant because of overhead running HT cable, and no body was permitted to construct it. Myself and the owner of plot nymber 7 requested the society that the plot is of no use to society and we are interested to buy it at the rate quoted by the society. The Chairman and Secretary held a meeting of all members of the society and after agreement of all the members intimated us that we can buy this plot by paying the determined amount to the society. Both of us myself and the owner of Plot number 7 paid the amount and the possession of the land was handed over to us along with another letter saying that the society has received the amount and as agreed the ownership of the plot has been handed over to us. This was done in 1999. Now present individuals holding the appointments of chairman and secretary have objected to this dealing stating that commitment was on the plain paper and not on the stamp paper. The property is under our possession since 1999 but I am afraid that when I decide to sell the property, if the Chairman and secretary will create some problem for me.

 

In order to avoid complications at the time of selling the property, may I request your advice on the way I should go about. I am in possession of the letters of the minutes of the meeting and subsequent letter from the then Chairman and secretary both of whom are not alive intimating us that the plot has been handed over to us.

Since I have taken retirement from IAF, want to settle down without delay with family at a place of my choice, I wish to dispose off this house and generate requisite funds.

Experts,

Kindly advise.

With regards.

 

Shrikant Walwadkar 



Learning

 1 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     30 July 2012

Dear Snehashree,

Immediately without any delay ask the Society to immeidately register a Sale Deed in your favour

if they failed to register file a suit for specific performance.


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