Illegal encroachment of land

Advocate.Amol Choubal (Querist) 02 May 2012 This query is : Resolved
We had made conveyance deed with one of the builder in Titwala. with an agreed consideration of three flats.

After one year the construction of building was started later he failed to allot the flats to us.

Currently the matter is pending in Kalyan court.

As the land is an Ancestral Land

My query Who can make valid claim on this land

The land is currently in the name of 3 brothers further the other family members also wish to make claim on this land.

Kindly reply

Amol Choubal
B.Com,LL.B,A.C.S

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Devendra N.Tripathi, Advocate (Expert) 02 May 2012
Amol - answer the following questions first.

1. Who has signed the conveyance deed from your side ?
2. What is the nature of case pending in Kalyan Court ?

Comments - if the 3 brothers have signed the Conveyance Deed then they are the one (collectively) who can sue/file a case on the builder for performance of contract and therefore seek permanent injunction accordingly in the Court having the Jurisdiction (Not sure if Kalyan Court will have the Jurisdiction in your case).

You can also seek an interim stay on the further development of the building until the claims of all the family members are not settled - within the family. Since every member of the family who had a share in the said property - did not sign the Conveyance Deed - family members who have not signed the Deed have a right to dispute the said development. One will need to see the limitation period also.

ajay sethi (Expert) 02 May 2012
what are terms and conditons of conveyance deed? within what period construction was to be completed?

did builder give any bank guarntee?

what were clauses for failure to complete construction on time?

has any injunction been granted by kalyan court?

Shashikant V. Patil (Expert) 02 May 2012
Mr Amol,Tripathiji is rightly stated. Since the land is ancestral property, there should have been search and title report of this property as how many person's rights are involved in the said property. You may sue the builder for suit for specific performance of contract act. Presently the land is in the name of 3 brothers but if it is joint family property, then consent of all family members also required. Better settle matter amicably with the original land owners. If not, legal course have to take more time and nothing will be fruitful.