how to solve a property mess?

To make it valid municiplaity will levy the penalty for illegl construction or it may destroy.

Mr. X is the owner of that property, because still he is the owner of the land.

Mr.X consent is necessary to transfer the land, because X has given power of attorney to Y not to Y's wife.

Mr. Amit,

Are you from Mumbai? if so, the BMC will pull down the structure. The whole structure being illegal any sale deed obtained by the flat pruchasers also would not save them from the above consequences. You may sue the owners and the builders for misleading you people to purchase the falts and demand for refund of the money paid by you towards the cost of the flat and also claim damages. For this purpose u can approach the Consumer Forum after issue of requisite legal notices to the owners and the builder. The chances of getting the relief before the Forum will be faster than in the civil court.

Yes I am from mumbai. But solution I am seeking not as a victim of it but we are a NGO who is thinking of finding a solution for these kinds of properties where entire government was sleeping and ultimately poor people have to suffer. It is not advisable for municipal corporation to pull down structure only because no adequate permission. Then what about structure like lavasa and adarsh, there are plenty undisclosed. Then why only poor people should be scapegoat of it. We are searching for the solution. One solution we can see is restructing the entire documentation. Apply for necessary permissions. It’s a long and lengthy process but some have to lead. We are looking for people who can help us to restructure the process. And come out of this situation.

Hi Gupta (Advocate),

My husband's Grandfather has given one of his house to my husband thru charity settlement. Durng that time money was paid to all the daughters and sons of his grandfather and we have the stamped legal document with us stating that " there will be no relation wih the property and has received the money". Now after  yrs of that husband's uncles (his grandfather's son) are claiming that they have rights in their father's property and have filed a suit. We have all the documents (charity settlement document , sale deed, document signed by everyone) what we would need to do now?

Dear Mr. Amit,

solution cannot be suggested without looking into the documents, relevant CTS palns etc.. The matter may have to be discussed with the archirtects and lawyers to arrive at a solution.

Hi Poornima,

How ur issue comes up in the query raised by mr. Amit? Urs seems to be personal. Pl pose ur question seperately, so that there is no confusion.

Dear M V Gupta, there are no plans, no architect involved. It is as simple as there is land somebody came and builds a building and sold to someone. Buyers buys it without knowing the laws and procedures. And even builder don’t know the process. Hence not aware about consequences. I agree solution will differ from case to case. But at large we see following solution. Please comment on it.

1. Form a society among flat owners, make one leader.

2. Land owner, builder and society will deal with transfer of rights of land building etc and apply for necessary permissions.

Society may be formed, the structures as long as they are there and no action is taken by the municipality a,b,c,d etc can use it but the land will always belong to x unless he enteres into an agreement with the society or the power holders too become confirming parties with the a,b,c, d, etc and the owner. Nevertheless even if the construction is demolished still the occupants/society can enter into conveyance deed with x and the society may reconstruct the building on the said land.

Dear Mr. Akhtar Sheikh,

Where do you stay? We are looking for laywer who can come on board to solve property related issues.

 

Regards,

Amit Deshmukh

 

Hope the land does not belong to Govt. If that be so, obtaining of a sale deed for the land and the illegal structures thereon from some one else (X) as suggested by Mr. Akhtar would not be of any use. Hence before any further steps are taken better verify the title to the land.

Mumbai

Dear Mr Gupta -

It is evident from the query itself that in revenue records i.e. 7/12 and possibly property card the land stands stands in the name of X so either he is an absolute owner or is having interest as a lessee in either case the society will be in a position to get title from X..

Of course if  the land in question is reserved for any other purpose then story is altogether different.

There are more than 3000 buildings like this... We are not talking about building constructed on reserved land. kindly join team of legal consultant community to be part of the initiative.

Thank u Mr. Akhtar. Still I feel a search should be taken to ascertain that there are no other intermediary transfers. In one of my clients case we found that though certain transfers have taken place from the person whose name is appearing in the 7/12 statement, the subsequent transferees did not take steps to mutate the records. And Mr. Amit, the issue raised by you appears to involve a large number of flat occupants and needs a continuous monitering and legal work. You may discuss the matter with whomsoever u prefer to associate. Best of luck.