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Mahesh (Na)     20 April 2013

Help regarding deemed conveyance

Dear Sir,

My mother in law  is 81 yrs old widow and bed ridden from last two years staying with her unmarrired/unemployed daughter. She is land owner of the plot on which present building is standing. As on today 7/12 abstract and property card is on her name.

Terms and conditions with original developer is not fulfilled. Society members completed the buidling on their own by driving out the original developer. Now the society wants to go for redevelopment without paying legal pending dues to the land lady.

They have got hold of one builder and got deemed cconveyance from Bandra Court  inspite of not in position to furinish required documents for obtaining deemed conveyance. Hence  we went to High Court and here to my surprise High Court did not reject  illegal deemed conveyance. But gave right to the property owner to approach the court if her any rights being voilated.

As per her advocate she must knock the door of City Civil Court for her rightful legal dues and for doing so she has to pay 5% of legally entitled dues to the court as stamp duty!

But nowhere in thiis jhamela there is any mention regarding deemed conveyance procured in illegal way and it is not possible for her to pay 5% stamp duty in advance. What can be done in this case? As per my view there is no law and order in this country. Can anyone help me in this matter?



Learning

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