Legal Question in Wills and Trusts in India

we are living in a co- operative housing society built by MHADA in 1962 at goregoan west,
it was for lOWER - middle income group members,
these were sold as per higher purchase scheme.
on a lease hold land AGREEMENT NOT SIGN, PLAN APROVED IBY cENTERAL GOV. IN 1956 - 1960 UNDER WELFARE EMPLOYEE SCHEME. 72 allotee.
where in MHADA is the absolute owner of land,herein after be called as authorityBUT EXIST IN 1966.BUTPLAN IS ALREADY APPROVED AND ALLOTED TO EMPLOYEE IN 1959. AGREEMENT IS DONE WITH EMPLOYEE AS HIGHER PURCHASE SCHEME AGREEMENT.
ONCE HIGHER PURCHASE AGREEMENT IS DONE WITH EMPLOYEE WHY MHADA FORCE US TO SIGN LEASE AGREEMENT.WHILE NO LEASE AGREEMENT IS SIGN BEFORE.
the authority made structure of 39.18 sq meters with appurtenant land to each allottee.
this built up area is on 20 feet x 40 sq feet.
each allottee had a 40 feet road in front of the structure.
the tenements/ALLOTTEES made full payments to mhada in year 1984. period is 195 to 1984 25 year lease agreement with employee under higher purchase agrement.
each enjoy individual FSI,
In our property card mahada name is shown.
the structure were not conveyed to our society till date. by a sales and lease deed.
MAHADA IS RECOVERING LEASE RENT TILL DATE WITH US WHILE AGREEMENT IS NOT SIGN.BY US. 1985 amount of the lease for the said period.
the lease rent per year was fixed.TILL 99 YEAR.
the ALLOTTEES then made and formed into a society named as KULDDEP CO.OP. HOUSING sOCIETY. FORMALY CALLED AS C.C.I. COLONY. BORIVALI.
these as per requirements of MHADA, not to address to individual allottees but to society
MHADA convey THE PLOT., 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.
the society became responsible to protect the safe guard the interest of EMPLOYEE.
Now the society claims they are the owner of the land and the structure of WHOLE PLOT.
the society claims as per lease agreement they are owner of 5 ACRE PLOT.
according to EMPLOYEE all allottees were informed about the changes TO MAHADA AND PAID EXCESS AREA EXTRA AMOUT these changes were according to the changes made by individuals.
at the cost of individual allottees and not at the cost of the society BUT AREA ARE SAME SAME CERTIFIED TO ALL 72 TANENT.
WHY MAHADA IS NOT GIVING INDIVIDUAL CONVEYANCE UNDER H.P.S.SCHEME. OR TRANSFER NAME IN PROPERTY CARD IN NAME OF ALLOTEE.

Asked on 10/09/10, 8:35 am

Vishwa Arya Arya & Co.

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0 attorneys agreed

society may file a writ petition in the high court. the society has a good case

Answered on 10/09/10, 8:53 am

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