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Common plot

Querist : Anonymous (Querist) 22 June 2022 This query is : Open 
The builder had passed the layout with common plot from Vadodara Mahanagar Seva sadan during the year 1991 claiming to construct a society.

Out of 45 House, They built 33 Houses & remaining 12 plots sell to the members.

While making of a dastavej with all 45 stakeholders, The Builder had put a condition of Keeping all rights of Road & Rasta as well as common plot with him to the extent of selling of it by him to any of the member in a society & with this consent as well as agreement on part of stakeholder only made an agreement of sale deed duly registering of it in a registrar office with all members.

Simultaneously, They divided the area of common plot in 12 Plots & sold it to 12 members of the society with a condition of not making any construction in common plot area. The 12 members had also paid stamp duty for that & registered their dastavej with part area of common plot.

So, Right from the beginning the common plot is only appearing in Layout passed by VMSS but physically it was not at all framed right from the beginning in the society.

Also, Even till Today the society is neither registered nor elected any president or Pramukh officially.

Now, After a span of almost 30 years one House from the slot of 33 House has been sold & the new stakeholder(Only one member) has initiated the process of opening of common plot with VMSS.

Query : (1) Can 12 members can get a benefit of Adverse Possession?
(2) Can 12 members possession of common plot can be challenged in the court by any of
33 members, who had already given a consent of waiving off of the rights of Road /
Rasta & common plot to the builder during the year 1991-95?.
(3) The property card has also been made accordingly for all the members & paying Tax to
the VMSS individually
(4) The 12 members have also not made any construction in common plot area except a
boundary wall for protection purpose & use it as a Garden.

Kindly advise in this regards.

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