Adverse possession
mangesh kurup
(Querist) 19 May 2016
This query is : Resolved
This is true condition. I had a query related to it. A land owner gives his land to people to use. People build slums over the plot. They are using it for more than 30-40 years. The original owner never turned to collect rent from these people. All the electricity bills are in individual people name. The owner sells it to a builder who goes in for development. My questions are:
1) Can the original owner sell the land?
2) Can the people having their homes on the plot claim ownership by filling a legal suit?
Dr J C Vashista
(Expert) 19 May 2016
I agree with expert advise of Mr. Rajendra K Goyal.
Answer to both of your questions (not queries) is affirmative.
Guest
(Expert) 20 May 2016
Whether it is in Maharashtra ?
Whether it is declared slum area under provision of Maharashtra Slum area act 1971 ?
This two question required to be verified before going deep.
If it is declares slum area under provision of Maharashtra Slum area act 1971 then complete new dimension to case takes place .
Adv. Yogen Kakade
(Expert) 20 May 2016
The answer of the first question shall be 'yes'.
To answer the second question the valid documents have to be seen and verified before proceeding for the legal action.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
mangesh kurup
(Querist) 21 May 2016
Thanks all. Here is detail. It is handed over to societies by agreement of sale 30 to 40 years back. since then municipal taxes are paid by society and coming in name of society. Electricity bills are in individual names.
Yes, it is declared as slum area under 1971 act.
mangesh kurup
(Querist) 22 May 2016
Can someone give insight to this related to my questions?
Guest
(Expert) 22 May 2016
See once it is declared slum area under provision of Maharashtra Slum Area Act 1971 then whole case is different.
First after some time , if Slum clearance order is issued , and if registered developer with support of people submits proposal to SRA then project can go ahead with subject to other terms and conditions .
Occupier will get only specific area 1 tenement .
Developer will construct free house to some people some area he will sale in market /he will get TDR
First you need to challenge this is not slum area under provision of Maharashtra Slum Area act 1971 . Then think remaining . Else you will get flat if eligible else nothing
Guest
(Expert) 22 May 2016
There is lot irregularities and illegal things going in Slum area , people feel they are owner they are not. etc. So regarding Slum area nothing can be said without looking at document personally
Land belongs to some one , Other person construct room , third person sells , fourth person gives on rent , fifth person collects rent. This is all caos . In short all illegal
No legal standing
Guest
(Expert) 22 May 2016
This all slum area matter I have concluded , 99% things are illegal only 1 % legal .
mangesh kurup
(Querist) 22 May 2016
Madhu sir, thanks a lot. Can I have your personal details so as I can contact you for further information?
mangesh kurup
(Querist) 22 May 2016
Madhu sir, thanks a lot. Can I have your personal details so as I can contact you for further information?
T. Kalaiselvan, Advocate
(Expert) 23 May 2016
Expert Advocate Mr. Madhu's explanation has cleared lot of issues clouding the subject matter, hope the author would be able to solve the issue with the support and help of the expert accordingly.
Guest
(Expert) 23 May 2016
@ Mangesh myself still student , Second thing myself very well studied this Maharashtra Slum area act rules notification etc.
My Cell No. is 982 09 22 508
Keep my no. but contact me after week or so and I will meet after 20 June only.
Two reason some severe health issue and some other exam in between. So will see after 20 June only not before that.
