Ownership , non coveyed land with building
Prakash Chhadva
(Querist) 17 April 2012
This query is : Resolved
Mumbai Suburb, old 1940 Pagdi system rented, Landlord (3 Brothers A,B & C) entered in partnership with builder in 1972 with land as their Share of investment, Keeping 1 old structure as it is [the old building structure consisting of 4 shops(rented), 1 dispensary( rented) and 3 residents occupied by A, B & C respectively], demolished other structures and developed the property.
-(1974)constructed 1 new building and sold all flates and shops on ownership.
(1974) , New Co-op. Housing Society formed,
The agreement of the new building unit holder says that they will have to make members to the old building unit owners whenever it is sold on ownership and will have to issue share certificate to this unit purchasers
(1975) the old structure units (with tanant) also sold on Ownership basis to the 3 brothers A,B & C individually. The agreement says the Developer Partnership company has sold tothis A,B, C on what is commonly known as ownership basis, with a term to become part of the newly formed co-operative housing society and purchse Share from new CHS in respect of the sold premises.
At this moment the old structure unit holders also being partners of the Developing firm did not took share certificate from new CHS.
Conveyance to the CHS not done till today
Property card still Shows A,B,C and others as owners
In 2001 & 2003 2 brother ( B & C ) sold their Residents on ownership basis. these new purchaser also did not apply for share certificate to the new CHS
Now the original Land lord ( A who does not stay here and has one ownership resident on his name) is claiming that the old building structure with land is his Property and that the two new flat owners are only owner of the Flates. He is trying to sale ( probably sold ) the old structure with land to some one.
Question 1. can the old landlord A sale the Land ? - who is now not owner as the partnership company was owner after development and developer company has sold every units (old & new ) on Ownership basis but property conveyance is pending to New CHS
Question 2. the two Resident owners who purchased on what is commonly known as ownership basis are mare owners of the Flat? and does not have right on the land on which the old structure is standing ?
I am one of the two flat purchaser in old building, In 1998 I took this flat on rent from 1 brother C,who was owner of this flat and then bought it from him in 2003 on ownership basis.
Now I am confused about my rights in the building, new CHS and the Land
Please guide me as (A) is very smart, only interested in money he is 85 year old, does not stay here, he has already sold one gate of the building to one Corporator in 2001, who made shop in that gate premises with some shop transfer documents.
please guide me about my right and my position, I want to sale this property , what should i say to people who might be interested in buying my property - Ownership?
If any other information is required I can give
Prakash
ajay sethi
(Expert) 17 April 2012
contact a local lawyer .
rely upon 1974 agreement for an injunction restraining landlord from selling the land .
society has to file case for obtaining conveyance of the land .
it appears both the society as well as old owners have been extrmely negligent . the cluases in agreements have to be gone into to gibve detailed opinion .
Shonee Kapoor
(Expert) 18 April 2012
Rightly suggested by Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Prakash Chhadva
(Querist) 20 April 2012
Thank You.
Society is taking steps for conveyance , but they are talking only about the new Building.
and Land Below new building as if the Plots are de marked
What about my old structure? Can Conveyance be broken in two Parts ?
