Respected Sir,
I am residing at Karle Chawl constructed in 1933. The Chawl situated at a plot for which Property Register Card shows Original Occupant as one Alloyisious Rodrigues. In 1973 the said owner had transferred the plot to the Co-operative Housing Society by a Deed of Conveyance under which the owner shown his property as “ The vender being absolutely siezed and possessed or or otherwise well and sufficiently entitled to the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram Laxman Karle situate lying and being at Survey no. 316...... and more particularly described in the 1st Schedule-I herein after written (hereinafter referred to as “the said property”) has by agreement by sell dated 17th day of April 1972 agreed with the confirming party at or for the price of Rs. 3,25,000/- calculated for area of 2470 square yards....”
The said deed of conveyance was signed on 25-02-1973 and Registered at the office of the Sub-registrar on 28-02-1973 and the schedule-I of the properties was shown as “ All that piece and parcel of the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram Laxman Karle situate lying and being at Survey no. 316......”
Here “those belonging to Shantaram Laxman Karle” includes our Karle Chawl and its appurtenances and right of access.
Would you please to explain me that whether this deed of transfer is valid or complete even if there was no transfer occurred in respect of “those belonging to Shantaram Laxman Karle”? What is the legal meaning of “ Save and excepting those” in the Agreements, Deeds or covenants?
By obtaining the above referred deed of conveyance the Co-operative Housing Society is claiming to be the absolute owner of the entire plot and also constructed a 16 storied building by fraudulently utilizing a quantum of T.D.R. of our Chawl without consent of the owner and occupiers of the Karle Chawl. Please explain me whether the building permit granted to the said society is null and void or not?
Sadanand B.Panchal
