Guidance for a 99 years lease dispute

Querist : Anonymous (Querist) 24 May 2021 This query is : Resolved
Hello,
My query is on a piece of land in Navi Mumbai which my father (deceased) had taken on lease of 99 years from SC/ST people in that village. The agreement is notarized and was made in 1998. We are paying property tax on my father's name to the municipal corporation and have the old electricity bills.
The agreement states that we can sub lease it and will be extended after 99 years. However there was trouble created by the relatives of the landlord which forced the tenants we had kept to leave the premises.
My father had undergone bypass surgery and these people used to call him and harass for more money apart from the yearly amount we used to pay as per the agreement. He had made many police complaints and he died few days before the police started an enquiry in 2014. I have the letters he had sent to the commissioner of police.
After his death I could not find a tenant and the dispute was still ongoing with the relative of the owner. He was taking the rent in cash.
That person died 2 years back and now his daughter has taken down my construction and made a temporary house during the lockdown. Since I am away from the location I am not able to go there, I seeked help of police but they are asking me to check with Municipal corporation or get legal assistance from court.
Shouldn't the police interfere since these people are taking advantage of the lockdown to encroach my property without any notice?
It would be very helpful if you could give me some legal guidance on how to move ahead.

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Sankaranarayanan (Expert) 24 May 2021
With the support of all papers you better to approach local advocate and act as per advise

SHIRISH PAWAR, 7738990900 (Expert) 24 May 2021
Hello,

You have to take legal action against the owner's daughter. File criminal and civil cases against the daughter in court. If the police are not taking action in that case you have to approach the court and file a private complaint against her.

kavksatyanarayana (Expert) 24 May 2021
The SC/ST owner of the property was given to lease for 99 years to your father. But whether that property is ancestral or assigned by the Government? And from which period the lease was taken? Lease for 99 years shall compulsorily be registered but it was only notarized agreement and hence it is not valid in my opinion.

Isaac Gabriel (Expert) 25 May 2021
Nevertheless,filing a case can be the remedy since you were not a defaulter and court will consider.

T. Kalaiselvan, Advocate (Expert) 25 May 2021
No doubt the 99 years unregistered lease agreement is not valid in the eyes of law.
However since you have documentary evidences to prove your possession and enjoyment as well as the leas agreement copy in your possession, you can initiate legal cases under both the civil and criminal law against the illegal trespasser.
You can file a suit fort mandatory injunction against the trespasser to remove her structure and restrain her from interfering in your possession and enjoyment of the property.
Besides you can file a criminal private complaint sic the police is not entertaining your complaint against her for trespassing offence under criminal laws.
You may discuss at length with your advocate on the said points and proceed.

Dr J C Vashista (Expert) 25 May 2021
Mr./ Ms Anonymous,
How did the lease granted by SC/ ST persons of village where they are not owners as the same is owned by Panchayat / Municipality ?

The lease is stated to be for 99 years which is unregistered whereas it has to be compulsory registered in terms of section 17 of the Registration Act, 1908, therefore, said document is part of "waste paper" to be thrown in "dustbin".

From the facts posted it is inferred that someone is forcibly "encroaching" the land which was illegally possessed by your father.

It is better to consult and engage a local prudent lawyer stating all facts /relevant documents of the case for professional advise and necessary proceeding.

P. Venu (Expert) 25 May 2021
The dispute, if at all any, is civil in nature. The police has no jurisdiction to interfere.

Querist : Anonymous (Querist) 31 May 2021
Thank you experts for all the replies.
I would also like to add that this property belonged to not just one person and the agreement has all of their thumb prints. The person who has encroached I doubt is a legal heir even. The property was also acquired by the government and the original owners were given some other land in exchange and relocated. As far as I know my father was not aware of this when the deal happened because the 7/12 documents showed their name on it. These people then started causing trouble when they understood that govt is not developing the land parcels it had acquired. So does the above help me in someway? Also I would be very thankful if you could guide me on what should be my next steps.
Thanks & Regards.

Querist : Anonymous (Querist) 31 May 2021
Also I would like to know if there is a time validity for filing a case.

Sankaranarayanan (Expert) 31 May 2021
first initiate by issue a notice with the support of local lawyer . the lawyer will guide you properly

P. Venu (Expert) 31 May 2021
The facts, as stated originally and attempted to be clarified subsequently, are disjointed and lacks clarity.

Yes, much of the lands in Navi Mumbai are acquired. If acquired, how does the 7/12 documents show private names? Were the lands once salt works? Where exactly is the property situated?

Querist : Anonymous (Querist) 31 May 2021
I don't know why the records don't show Cidco's name but when I checked with cidco officials they say it's Cidco's land. I didn't understand your question "were the lands once salt works?"

P. Venu (Expert) 31 May 2021
Much of the lands acquired for the Ne Bombay Project, JNPT included, were under salt cultivation.