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Pramod (NA)     16 November 2013

Land grab attempt by housing society & builder for redevelop

Hi,

Can you kindly tell me if C.appln can be entertained by a court in a suit for appointment of court commissioner to get conveyance deed registered?

The plaintifs made a mistake in property descripttion( cited wrong survey no.) and filled a suit for appointment of court commissioner with the decree still being incorrect,and after that(4 months)  they filled a c.appln case which got attached to it . They got mistake corrected then took that correction and got the mistake corrected in the original case, then they got order from court to appoint commissioner and got the deed registered.

My question is shouldnt they have got the mistake corrected first before approaching the court for the Appointment of court commissioner?

Or shouldnt their case stand null as the original survey no was wrong?

 

Case for conveyance is filled with wrong Survey No.

2yrs

Order And Decree is passed for conveyance of the same

1yr 4 mnths

Suit filled for appointment of court commissioner 

4 mnths

suit for correction filled 3 days gets attached to the case of appointment of court C

6mnths

correction excepted

8days

correction made in original case

7mnths

appointment of court commissioner

2mnths

Corrected Decree used to get document registered and now trying to grab my excess land under ceiling in the same plot. The stamp paid is not proper in the conveyance deed (which they used to get Property card registered)and they video-graphed a meeting with me without my consent. What do I do to stop all these excesses? Also claiming rights of easement over land under section10 (3) (deemed to be Govt land) order of ULC maharashtra.

My question is shouldnt they have got the mistake corrected first before approaching the court for the Appointment of court commissioner? 

Or shouldnt their case stand null as the original survey no was wrong?

Very Harressed

Thanks and obliged in anticipation.

Pramod



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 3 Replies

BAALASUBRAMANNYAMM (Advocate)     16 November 2013

Here, the Pliaintiff has noticed their mistake, only after filing of Appointment of Court Commissioner. Any how, the said mistake has been " rectified" by the court. If you have any objection against the order of the said court, you have every right to  made an appeal before its higher court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 November 2013

Where is land grab attempt as the title appears to indicate? And where is the housing society?

This is a case of a mistake and its subsequent correction.

Pramod (NA)     16 November 2013

The conveyance is for 10762 sq.ft the plot is 14000 sq.ft the excess is under ceiling, and belongs to my Father. Someone has encroached (3000 sq ft)the land that my father sold to the original builder. The current builder wants to show that encroachment as the excess land, and the land that truly belongs to us as the Society land.The builder wants to put a compound on the whole plot and start construction. I have to get that land released from ceiling until then if the buildeuses the FSI on my land too as the ceiling dept has no papers pertaining to my land he has gotten made the MOJNI from city survey office for full 14000 sqft.. And my 7/12 extract has been played with not showing my father as the owner but his Mother as the owner. And if we try to stop them under Our Grandmothers name it will give credence to the wrong 7/12 extract which we will find difficult to correct. What we wanted was that the excess land be included in the redevelopment as it will become unbuildable as a separate plot. The society may not return my land to me at a latter date. They say first clear your papers then we will give you your land. I told them who are you to give me my land get your 10762 cut out and develop on your own land leave my land out of the compound you build while constructing or after construction is over. They are not willing to do that and insist that they will put a compound on the whole plot including my land. Why should I allow anyone to posess the portion of land that I own? and how can they try to posess the portion over 10762?


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