Legal Question in Real Estate Law in India
Dear Sir
I have taken aa Plot of 1500 sq. ft. in Pune Gram panchayat in Survey Number 84/1 from Mr. Subhash. Since, I had taken loan to purchase the plot, all documents pertaining to property were checked by the Private Finance Bank. Now, when I started the Construction on the Plot, I was asked by some Mr. Sarkar not to construct as it was under legal dispute. He claims that Mr. Subhash has illegally taken possession of this plot which comes under 84/2/1 under 84/1 & selling the property.
I have also come to know that the legal dispute is because Mr. Sarkar has taken 84/2/1 from Mr. Handa on lease of 99 years, & Mr. Handa has asked Mr. Sarkar to end the lease & so the legal dispute is going. I have checked in the Gram panchayat office. 7/12 extract of 84/1 is in name of Mr. Subhash & 84/2/1 is in name of Mr. Handa. So, Mr. Sarkar is not the legal owner of the plot.
However, there is a legal case going on & Mr. Sarkar has told us that once when the court case would be over, he will get a Government survey done of the property & if the plot which I have done a registered agreement with Mr. Subhash comes under his Survey Number, he will demolish my property & take my land.
However, Mr. Subhash from whom I have taken this plot has asked me to construct the plot. Please suggest.
1 Answer from Attorneys
1) Identification of the property has to be determined first before construction.
2) Till survey is complete and the plot correctly identified, it is not advisable to
construct besides the matter is already sub-judice.
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