Decree null and void

 


Querist : Anonymous (Querist)
12 April 2021

Society filed suit in district court for specific performance to sign conveyance deed and got decree in its favour in 2007. Land affected by Urban land ceiling so Decree non-est ( ulc act repealed after the decree was passed). They then (post repeal) proceeded in executive court and Conveyance deed signed by a court commissioner. Thereafter society went in for a development agreement (Redevelopment). Redevelopment is complete. As decree is non-est and void, Is the Conveyance deed, Redevelopment deed void and is redevelopment illegal? What action needs to be taken by the original landowner?


Advocate Bhartesh goyalOnline (Expert)
12 April 2021

As decree obtained by society is non est and further it's execution is in progress so you have to file suit for declaration and injunction and get declared the decree null and void.

ashok kumar singhOnline (Expert)
12 April 2021

Very truly viewed by earlier expert, therefore no further comment so far.
thanks


Querist : Anonymous (Querist)
13 April 2021

Execution done Conveyance Deed thru Court 2011,Commissioner Done. Development Deed done 2013. Redevelopment over 2016. Can I get all the actions done after the non estate decree declared illegal?


Querist : Anonymous (Querist)
13 April 2021

Can I sue for setting aside all deeds and possession of the land?

Advocate Bhartesh goyalOnline (Expert)
13 April 2021

Yes,when decree was null and void ab initio then further proceedings in this regards also void. so you may file suit for declaration to get decree null and void and further proceedings also.

Hemant AgarwalOnline (Expert)
13 April 2021

1. Conveyance of Land and Redevelopment of Building are two separate legal issues. Conveyance of Land is reflected in "Property Card" and even IF the building falls done or disappears, the Land does not disappear away.

2. Any lacunae in the Conveyance Decree (which is legally rectifiable) or whatever shall NOT legally nullify the already concluded Redevelopment of Building.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


Querist : Anonymous (Querist)
14 April 2021

The matter pertained to retainable land under ULC. District Court does not have jurisdiction. However, District court Decree and Judgement was used for Execution, Property Card, and Conveyance Deed, all these, post Repeal of ULC. Is this not Fraud? If conveyance Deed is declared null how can Redevelopment subsequently based on same not be called illegal? Moreover Redevelopment is using some of my (original owner) land and hence too illegal. Instead of 1000 sq. mts they are using 1091 sq mts this 91 sq mts extraw is our land.


Querist : Anonymous (Querist)
14 April 2021

Kindly advise on best action.



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