Mrtp act- pls urgent reply
PRADIP PATWARDHAN
(Querist) 03 October 2016
This query is : Resolved
Dear All,
My query is related with MAHARASHTRA REGIONAL AND TOWN PLANNING ACT 1966.
One Land propery say X property jointly owned by A & B (Purchased in 1940)share ratio 1/2:1/2 and orally partition done between A & B in the said property. A has 3 legal heirs say P,Q & R and B has 3 legal heirs say S,T & U. P,Q& R have done partition in their comman share and built up residential consutruction in thier respective area without taking permission of S,T & U. But when Mr.S made residential construction by taking permission of T & U, PQ&R had taken thier objection and filed complaint with Muncipality and municipality raised notice under MRTP ACT and case is pending.
when S received Notice he also filed complaint against PQR with municipality and PQ&R got notice under MRTP from Municipality case pending in court
After that Mr. T had started Res.Construction after taking permission from S & U again PQR filed complaint and Mr. T has got notice under MRTP Act.
Now my complaint is: after filing of complaint by Mr.T against PQR with municipality can municipality raise notice under MRTP ACT to PQR???
Kindly reply your valuable suggestion.
Guest
(Expert) 04 October 2016
Hence forth please called X as Suit Property.
Please ans. few question
1) Where is Suit Property situated , Municipal Corporation limit or municipal council limit . Please specify name of town or city.
2) Take Land Record in Hand and tell me whether Land Record is mentioned as Property Card or 7 /12
3) If Property Card or 7 /12 then tell me whether whole suit property has single Property Card / 7/12
4) Do you have site plan of suit property from Land Record Dept (City survey office in City , Thasildar office for Rural area)
With this I will move ahead step by step to ans. you
Guest
(Expert) 04 October 2016
Because it seems looking at your query
Core Problem is under Maharashtra Land Revenue Code 1966
MLRC 1966 problem is affecting MRTP 1966 Act and thus creating problem.
Rajendra K Goyal
(Expert) 04 October 2016
Author please reply the questions from expert Madhu ji.
adv.bharat @ PUNE
(Expert) 04 October 2016
Author need to explain the query raised by expert.
Kumar Doab
(Expert) 04 October 2016
Expert may reply to Expert Mr. Madhu.
P. Venu
(Expert) 04 October 2016
Is this a real time query!
PRADIP PATWARDHAN
(Querist) 07 October 2016
Dear experts,
Thank you very much expert Madhuji and all other experts for your prompt reply,
sorry for the delay reply,
Pls consider below answer.
1. suit property situated in Ratnagiri, Maharashtra muncipal council
2. the property is on property card and on 7/12 both and all names are comman on both record i.e. PQR and STU as mentioned in query.
3. the property is singly on property card and 7/12 also.
4. city survey extract is available and the same is comman for suit property.
Kindly reply
Guest
(Expert) 07 October 2016
Please specify area of complete Suit Property in Sq. Meter
If available then dimension of Suit Property in Meter
It is required for giving further input
adv.bharat @ PUNE
(Expert) 07 October 2016
MLRC act is affecting MRTP provision.
Why common man suffer due to conflict between two statutory provision.
It may result in to the multiplication of cases against each other and there is no solution for it.
Guest
(Expert) 07 October 2016
In this case error is that they should have divided the plot legally that time under provision of Land revenue code long back when they purchased.
Now complication is not easy , If area of plot is less and construction can not take place then plot can not be divide legally (There is provision under relevant law by which you can not divide Plot below specific area as the plot become useless for construction)
Even for agriculture sector there is one Prevention of Fragmentation act by which you can not divide Plot below specific area.
Now to solve the problem first thing we need to know exact area in sq. meter. (S.I. Unit are unit which are used by law)
Dimension of plot too required to understand problem
Then only proper opinion can be given.
This problem is technical and legal both.
Rajendra K Goyal
(Expert) 08 October 2016
Can show all documents to local lawyer and discuss in detail.
