Do we need to file case in civil court
B.S.NARAHARI
(Querist) 10 February 2013
This query is : Resolved
Respected sirs/Madams,
1) We people comprising of 50 members formed Residents Association in our residential layout formed in the year 2004.
2) Currently these 50 members are owner of 50 sites ( each member is owner of individual site allotted & registered by the developer in the year 2004).
3) All these 50 members paid money to the land developer and got their sites registered in their names by taking site purchase loans from Banks.
4) Now the houses are coming up
5) The earlier landlords had already filed PTCL case ( Some grant land case) in DC court in the year 2006 and got the case dismissed by the court.
6) After 7 years of gap, now again the landlords filed case in civil court. ( Now they filed partition case )
7) The sale pattern from landlords to current site owners are as below
Landlords A,B & c
|
Party X
|
party Y
|
Land developer
|
50 numbers site owners
8) Now the landlord A has filed case on landlord B
9) The total residential layout is formed on 4 acres 20 guntas
A share is 1 acre 20 guntas
B share is 2 acres
c share is 1 acre
10 The land developed had obtained DC permission in the year 2003 itself for land conversion and then registered in our individual names, we DC conversion copy.
11,Since landlord A filed case on Landlord B. Neither party (X & Y) nor land developer did not receive any court notice.
12. In a sale deed it is clearly mentioned that the legal issues to be solved by the land developer and land developer should ensure peace full possession of individual sites in the layout by the site owners.
13. Now is it wise to file objection or put Kviat by the individual site owners through registered resident association.
Because ultimately the site owners who are under the process of house construction or sale of site is put under dilemma.
14. The Land developer says " I have not received any court notice to respond myself"
15 Now already 8 houses have come up and families are living in our layout.
16. The layout falls in Bangalore North coming under Yelahanka Hobli. Bangalore
I kindly request to help us and advice
regards
Narahari
ajay sethi
(Expert) 11 February 2013
it is necessary to go through the papers to advise . contact a local lawyer
Ramesh
(Expert) 11 February 2013
When you say it is a PTCL case it appears that the land is granted to SC/ST by the government. There are restrictions on the transfer of such lands. If there is a restriction the transfer can be void ab-initio i.e it is null and void. You please contact a local good civil lawyer and take a collective decision in the interest of all the members.
R.K Nanda
(Expert) 11 February 2013
query too long.contact local lawyer.
B.S.NARAHARI
(Querist) 11 February 2013
Respected Lawyers
I thank you for your advice
RAJU O.F.,
(Expert) 12 February 2013
The Association may file caveat in the jurisdiction court; but it will have life of only 90 days. Please contact an expert lawyer conversant with property matters of the locality.
