Dear Experts,
I have purchased a plot measuring 30 X 40 near Anekal from a private land developer. Land developer is not a registered one however they have developed around 5 layouts in and around Anekal.
They recently developed a layout which is in a good location where I have bought a site. These are non-converted revenue sites and developer had promised amenities like, sanitary lane, water tank, park, power lane and good roads. Though they have not registered the land in developers name they have sold all the plots & with the regular registration process by mentioning a common Survey number 22 (the lay out contains 3 different survey numbers 31 & 33) in all the sale deeds as Survey number 22 is completely owned by developer.
In between land owners of Survey number 31 filed case against developer and got stay as it was not registered in his name and had not settled the final amount to land owners, as this developer had already sold all the plots, he somehow convinced land owners to withdraw the case by settling partial amount, however the stay order is not yet removed from this survey number.
It is been 3.5 years, however developer has not yet registered the property in his name and not providing the amenities promised and all the site owners had multiple meeting by forming a group, but developer is not taking it serious & he is keep on dragging saying he will complete all the pending work.
Developer had 3 partners along with him, due to internal fight, partnership got dissolved (no registration of partnership deed, partnership was based on their mutual understanding) however one of the partner did the marketing of all the plots and has signed as a witness in all the registration deed.
Note : All sale deed is signed by first person (Developer) as Survey number# 22 was in his name.
When we contacted the land owners they are saying only 50% amount is settled and remaining 50% is yet to come.
All these land owners were silent till developer sold the plots and now they have started cultivating the land as it is still in their name.
There are 3 survey numbers in the entire layout
- Survey # 32 – 5 Acres, Owned by Developer himself (there is stay order, due to some internal conflict)
- Survey # 31 – 2 Acres, Developer has not yet registered in his name, however he has a Sale agreement with the land owner and has paid partial amount.
- Survey # 33 – 1.5 Acres, Developer has not yet registered in his name, however he has a Sale agreement with the land owner and has paid partial amount. (There is a stay order in the survey number)
In this scenario, we need your help and expert advice on the option left with the site owners to take action against
- Developer, partners and Sub registrar(as though they have registered all the plots with the same survey number) and get the things done.
- Can we file a complaint/case against the developer, if so what are the consequences and benefits.
- Is there any other way through which we can enforce the developer to complete the agreed work?
- Developer owns business in Singapore and he is planning to settle abroad, how can we stop him. He has own house and few properties in Bangalore.
- As a group in our meetings we asked the developer to sign an agreement (bond paper) stating by when he would complete the pending work, however he is not ready for the same. Does an agreement in bond paper with the registration will help if we file a case?
Your quick response and advise will save many life, there are 250 sites in this layout.
Regards,
Mahesh
