Legal Question in Real Estate Law in India

Sirs,

A temple is being maintained by a small community at Nagercoil by the income from the properties left by the ancestors of the community about 50 years back to VSSM sangam. The HR & E dept of Tamilnadu went on litigation to takeover the temple from the sangam and lost the case in November 2009 and may go in for an appeal to Madurai High Court against the verdict.

Under this background, We require your guidance on the following : -

1.1. What is the timelimit within which the HR & CE Dept can appeal to High court against the Verdict.

1.2. The properties have clear title deeds are in the VSSM Sangams name and the temple forms part of this property. Can the Govt. can takeover the properties along with the Temple. How do we protect our title deeds from HR & CE takeover

1.3. We propose to renovate the temple and whether we can collect corpus fund from other community members who are regular devoties of the temple and are very keen to participate in the temple renovation. . Will it come in any way against the community in the appeals if filed by HR & CE Dept.

We are a small poor comunity and hence not in a position to go on litigation. But the temple was very dear to the community people. Kindly help us with your free lagal advise

Thanking you


Asked on 9/30/10, 11:14 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

1.1. What is the timelimit within which the HR & CE Dept can appeal to High court against the Verdict.

90 days. It is suggested that you may please file a Caveat to avoid any adverse order without first hearing you.

1.2. The properties have clear title deeds are in the VSSM Sangams name and the temple forms part of this property. Can the Govt. can takeover the properties along with the Temple. How do we protect our title deeds from HR & CE takeover

Under the land acquisition act, the government may takeover, in public interest. But you may challenge such public interest if the government decides to do so by issuing notice u/s 4.

1.3. We propose to renovate the temple and whether we can collect corpus fund from other community members who are regular devoties of the temple and are very keen to participate in the temple renovation. . Will it come in any way against the community in the appeals if filed by HR & CE Dept.

no,

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Answered on 10/02/10, 12:06 am


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