Lease deed & unregistered society
Shiv
(Querist) 27 August 2014
This query is : Resolved
I want to purchase a property from society which is a plot with three storey construction.
My issue here is the owner has carried out lease deed with chief promoter of this co-operative housing society which was proposed society and never got registered. Now chief promoter of society is dead. I have paid some advance to owner but unfortunately the owner too died recently before completion of our deal. Now since both Chief Promoter of unregistered society & Owner both are deceased does this lease deed between them legally hold ground. Now the third party who is in possession of property is claiming that since Lease Deed is illegal as unregistered society is not a legal entity. In case I have to take legal route who has the has the jurisdiction Civil Court or Co-Operative court. Does third party has any valid legal point.
M V Gupta
(Expert) 27 August 2014
As the Society is not registered, coop Court will not have jurisdiction.
Kishor Hajare
(Expert) 28 August 2014
Sir,
Neither the chief promoter nor the outsider have any right on the plot of land. Once the building is completed and the premises thereof sold to various purchasers under MOFA Act, then the Purchasers of the respective premises legally entitled to the plot of land. Once the society got registered, then nobody can claim to right, title and interest in the said plot of land save and except the society.
In reference to your query, you may approach to the civil court for the enforcement of the lease deed. It is also to be note that, since you are not the concern party to file suit in the civil court for the enforcement of lease deed still being the interested party in the plot, you are entitle to file the suit.
It is all depend upon the Advocate you engage.
Regards
Adv.Kishor Hajare
9930647734
Biswanath Roy
(Expert) 29 August 2014
How third party came in possession of the property? State clearly how you are intending to take legal route and under what cause of action?
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
Do you have a written agreement of sale in your favor?, what is the lease deed, whether it is between you and the owner or builder/promoter?, If you have evidence to prove that you have paid the advance amount to this, you may file a suit against the legal heirs of the deceased owner either for specific performance of contract or recovery of money.
