Legal Question in Real Estate Law in India

Dear Experts,

I am residing at Shantaram Chawl constructed in 1933. The Chawl situated at a plot (X ) for which Property Register Card shows Original Occupant as Rodrigues. In the year 1973, the said owner had executed a conveyance deed to convey the plot (X) to one Co-operative Housing Society by a Deed of Conveyance under which the said Rodrigues (shown as occupant in P.R. card) had 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 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 28-02-1973 and Registered at the office of the Sub-registrar on 1-03-1973 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 situate lying and being at Survey no. 316......�

1) Please explain me whether this contract deed or Schedule-I had excluded those structures with land belonging to Shantaram from operation of the contract?

2) Please explain me whether this contract deed or Schedule-I had excluded only those structures belonging to Shantaram from operation of the contract, not land belonging to Shantaram?

3) By obtaining the above referred deed of conveyance the said 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 Shantaram Chawl. Please explain me whether the building permit granted to the said society is null and void or not?

Thanks in advance for your prosperous help!

Sadanand B.Panchal

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