Legal Question in Real Estate Law in India

I am on the Managing Committee of a Housing Society. Society is trying for deemed conveyance. It is located on survey no 252 which is divided into 5 hissa numbers. All the hissa numbers are clear except 252(3) which is not on the name of the builder. The land owner is some person called Mr. Gaikwad. He has not come to claim the land, however there is Qul right of a person called Mr. Patil who claims that he never sold the land to the builder. From what i understand, Qul rights were given to the cultivators. But our society is standing on the land for last 15 years. Can such Qul owner have any claim?


Asked on 5/05/14, 2:18 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

05.05.2014

Dear Sir / Madam,

All the Survey Number combined constitute the plot of land on which the Builder has erected the Society Building(s). If at all, Mr, Gaikwad or the Kul owner Mr. Patil had any reservations regarding their title to a part Survey of the plot of land, they ought to have addressed and resolved this issue with the Builder at the time of construction fifteen years ago. In my view, they do not have any locus standi now to claim their right in the land. Their claim will not sustain in the eyes of the law.

Regards,

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Answered on 5/05/14, 2:49 am


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