Protect the interest of 44 members of juhu sea queen chs ltd
Achintya Lahiri
(Querist) 21 March 2015
This query is : Resolved
Dear Sir, request for kind advice where unknown person is attempting to purchase the land on which our Juh SeaQueen Society CHS Ltd is located with a 100 year lease agreement between the land owner Gomes and Builder Rahejas. How should we respond to this Public Notice to protect the interset of 44 nos flat owners in our society. Best Regards, Achintya Lahiri
Public Notice on Page No: 10 of Free Press Journal Mumbai Edition on Saturday 21st March 2015 :
Take Notice that our client intends to purchase from 1 ) Mr.Berchamans Gomes son of Joseph Bruno Gomes 2) Mr.Mohmad Afzal Sheikh Jumman 3) Devsaran Shivnath Sharma the reversionary righst in respect of the plot of land as described in the schedule hereto below written, free from all encumberances and reasonable doubt, however subject to the lease deeds more particularly dated 24-06-1972 and 10-03-1980 and the rights of the premises purchasers of the buildings known as " Juhu Sea Queen " and " Juhu Neptune" who have formed cooperative housing societies known as " Juhu Sea Qeen CHS Ltd " and " Juhu Neptune Apartment CHS Ltd" repectively. Any person having any claim or right in respect of the said property described in the schedule hereunder written by way of inheritance , share, sale, mortgage, lease, lien , license, gift , maintenance , possession or encumberance howsoever is hereby required too intimate to the undersigned within 14 days from the date of publication of this notice of his such claim , if any with all supporting documents , failing which the transaction shall be completed without further reference to such claim or claims if any of such persons shall be treated as waived and not binding on our client.
The schedule above referred to
The plot of land bearing survey number 16, Hissa Number 3 , corresponding CTS Number 972 of Village Juhu , Taluka Andheri ,Mumbai Suburban District , admeasuring 6,253,90 square metres situated lying and being at Juhu Tara Road, Opp Hotel Sea Princess, Juhu Mumbai 400049
Sd/-
M/s A.V.Jain Associates
Advocate for the Intending Purchaser
26, Darashaw Building
24, Jambulwadi Dhobi Talao
Mumbai - 4000002
Place Mumbai
Date: 20-03-2015
Devajyoti Barman
(Expert) 21 March 2015
The lessor can transfer his leasehold rights on the land and the intending party on purchase the purchaser will step into the shoes of your lessor and you will come under him.
Without seeing other papers further advice can not be given.
Rajendra K Goyal
(Expert) 22 March 2015
Consult local lawyer, show him all the papers and lodge your objections in the matter.
ajay sethi
(Expert) 22 March 2015
public notice clearly mentions that purchase of said land is subject to lease deeds of juhu sea queen society .lessor can sell his ownership rights on said land
Dr J C Vashista
(Expert) 23 March 2015
I agree with the experts advise.
The very purpose of public notice is to bring something to the knowledge of all and sundry. If you happen to be aggrieved reply the same in the form of a legal notice followed by a suit.
The lessor remained the titleholder qua the plot of land and can dispose it off, as s/he desired, there is no legal impediment/ infirmity.
T. Kalaiselvan, Advocate
(Expert) 24 March 2015
The interests of the 44 members of the chs will remain protected even if there is a transfer of ownership to the property.
