Redevlopment rights/part of land sold to others
Mukund
(Querist) 14 January 2014
This query is : Resolved
1) There is a Building No. 1 which is on Lease with MR. XYZ for 99 years since last 45 years. (Conveyance of the Building has not been done)
2) There is case going on between Landlord and the building in the court for Rent. (Once the Court has passed an order in favor of the building No. 1. For which now the rent is not being paid by us since 15 years and above.
3)Landlord has sold the Part property to Building No. 2 without the consent letter from Building No. 1. That Part Land has been utilized by Building No. 1 in its FSI.
4)Building No. 2 is claiming the rights and want to block the land area which is being purchased by him form the landlord. Also Building No. 2 is under process of Redevelopment.
5) Landlord is also not ready to provide the Rights for Redevelopment of the Building No. 1.
6) Building No. 1 is owned by the Society. It is registered under society act.
please Guide for the case.
1) Building No. 1 can block the Redevelopment of Building No. 2.
2)Building No. 1 can file a case against Landlord for selling of Part Land to Building No. 2 without the consent.
ajay sethi
(Expert) 14 January 2014
no it cannot stop redevlopment of building no 2 . it is owner of fland on which building stands . if both buildings are on separate land and separate society formed landlord does not need your consent to sell land to building no 2
Rajendra K Goyal
(Expert) 14 January 2014
Contact a local lawyer and show him all the documents.
Rajeev Kumar
(Expert) 14 January 2014
Better to contact local lawyer with all documents.
Advocate. Arunagiri
(Expert) 14 January 2014
Without evicting the tenant / lease holder, the landlord can not construct in the vacant land, which was under possession of the tenant.
Even if it is sold out, the new owner has to initiate legal process, to take possession.
Consent of the tenant is not necessary for selling the lease hold property.
Mukund
(Querist) 16 January 2014
Sir,
Seeing your views, First i would again clear the following points :-
1)Land which is sold is on lease with Building No. 1. Secondly FSI of the Land is already Fully used in Building No. 1.
2) Land which is sold is the only area, where it is allowed as passage to move for Building No. 2 tenants. A pass through way.
3)Will Building No. 2 use the FSI of the Land in it development.
4)It is a separate Society and Separate Land.
5) Also the sold land is on lease with Building No. 1 for 99 years.
Mukund
(Querist) 16 January 2014
Sir,
Seeing your views, First i would again clear the following points :-
1)Land which is sold is on lease with Building No. 1. Secondly FSI of the Land is already Fully used in Building No. 1.
2) Land which is sold is the only area, where it is allowed as passage to move for Building No. 2 tenants. A pass through way.
3)Will Building No. 2 use the FSI of the Land in it development.
4)It is a separate Society and Separate Land.
5) Also the sold land is on lease with Building No. 1 for 99 years.
Mukund
(Querist) 16 January 2014
Sir,
Seeing your views, First i would again clear the following points :-
1)Land which is sold is on lease with Building No. 1. Secondly FSI of the Land is already Fully used in Building No. 1.
2) Land which is sold is the only area, where it is allowed as passage to move for Building No. 2 tenants. A pass through way.
3)Will Building No. 2 use the FSI of the Land in it development.
4)It is a separate Society and Separate Land.
5) Also the sold land is on lease with Building No. 1 for 99 years.
Advocate. Arunagiri
(Expert) 16 January 2014
I suggest you to get the legal opinion, on producing the complete papers and information.
You are giving piece meal information, every time.
ajay sethi
(Expert) 16 January 2014
contact a local lawyer
