Legal Question in Landlord & Tenant Law in India

we are living in a co- operative housing society built by MHADA in 1962 at goregoan west,
it was for middle income group members,
these were sold as per higher purchase scheme.
on a lease hold land,
where in MHADA is the absolute owner of land,herein after be called as authority
the authority made structure of 39.18 sq meters with appurtenant land to each allottee.
the appurtenant land in our case is 200.38 sq meters, as on records
39.18 sq meter is built up area
this built up area is on 20 feet x 40 sq feet, roughly 80 sq meters
each allottee had a 40 feet road in front of the structure.
the tenements/ALLOTTEES made full payments in year 1977,
each enjoy individual FSI,
each have a property card, (256.6 sq meters is shown in our individual property card) this varies as per location of allottees.
the structure were conveyed to our society in 1987, by a sales and lease deed.
the effective date of lease land was prepond by ten years ie 1977.
on payment of premium of rs 7,00,00/- and lease rent for ten years a sum of rs.93400/-from 1977 to 1987 amount of the lease for the said period.
the lease rent per year was fixed at, rs.9340/-
the ALLOTTEES then made and formed into a society named as goregoan yeshwant nagar housing society,
these as per requirements of MHADA, not to address to individual allottees but to society
MHADA conveyed, the structures of ALLOTTEES/society , along with common water storage tank, pump house, over head tank
to the said society
the said society was made responsible for payments of municipal taxes, service charges, lease rent, repairs, maintenance , white wash, insurance , services of gurkha (Guard) during night, and upkeep the said facility till the expire of lease deed.
the authority provided maintenance , white wash, insurance and upkeep the said appurtenant land and structure till 1977,
the same were taken over by the society as per terms of lease and sales deed.
the same services as provided by the authority,
the society became responsible to protect the safe guard the interest of authority.
this to protect the authority & to safe guard the interest of the authority, till the lease expire.
Now the society claims they are the owner of the land and the structure of 39.18 sq meters.
the society claims as per lease agreement they are owner of 16200 sq meters
the society say the allottee ( i as individual ) have no claim right other then the structure of 39.18
any alteration repairs are un authorize and has to be demolished till then no NOC shall be given,
we have certified arch building plan with us,
we have certified structural audit report for the present structure.
the society got all the allottes structure re assessed in 1979
and according to that all allottees were informed about the changes,
these changes were according to the changes made by individuals.
at the cost of individual allottees
and not at the cost of the society
recovers rs 142.38/- as against 56.87 till 1978/79

Asked on 8/29/10, 4:37 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

0 users found helpful

0 attorneys agreed

Your statement did not disclose a legal question ?

Answered on 9/05/10, 6:35 pm

Keywords

Match Any Match All

Country

State

Area of Law