Conveyance complexity

Shiv Raaj Ratnam (Querist) 14 November 2011 This query is : Resolved
Dear Sir ,

Explaining a situation about conveyance of land , please enlighten about the repercussions :

20 years ago a particular community people formed a Society and agreed to transfer the lands in their individual names to the Society .The transferors have all died now but the witnesses in the Agreement ( mostly their legal heirs are all alive ) . The Society sold the land to a Developer “A” for a token and sharing of a particular percentage of the constructed property . In the meantime due to family disputes among various transferors a few legal heirs as well as some original transferors further again sold the portion of their land to different builders on Power of Attorney and Development Rights Agreement .These Builders have constructed buildings , sold them to people and walked out with all the profits . The land documents are still in the name of deceased transferors .

Now the Developer “A” has filed a suit for Specific Performance on the Society and the witnesses who are the legal heirs of the original landowners have already made Deed of Declaration that they were witness to the transfer of land by the original owners to the Society and the agreement further signed between the society and Developer “A”.

If the name of Developer “A” comes in the land records of the Government , the buildings constructed by the other builders will be illegal buildings . What is the remedy for the flat owners who have purchased flats from the unscrupulous builders ?

Shiv Raaj Ratnam

Follow Query

Report Abuse

Devajyoti Barman (Expert) 14 November 2011
First clarify whether the some legal heirs or the original transferes had sold the property on the strength of GPA after the execution of the agreement with developer A where they were also a party.

If yes then the said builders has no right as well the purchasers.

Only if the said legal heirs or the original owners did not participate in the formation of the society and subsequent agreement o=with developer A, then only the purchasers have any right otherwise they will be in great mess.

Shiv Raaj Ratnam (Querist) 14 November 2011
Thanks for the reply Sir . As the situation is …. Mostly all the legal heirs today were witness to the original transfer of land to the society and from society to the Developer “A” . Few of them sold later to other builders on POA or DRA .Now to wash of their hands from responsibility of selling the land again once sold to the Society , in the deed of Declaration they also mention that any transfer of land by them under POA or DRA is null and void and if done was done under duress .

Yes of course it is a situation of mess .

Devajyoti Barman (Expert) 14 November 2011
The purchasers from the second developer have no title.
However the persons responsible for these are liable to be criminally prosecuted.

ajay sethi (Expert) 14 November 2011
remedy of the flat owners is to move the consumer forum for refund of money paid for purchase of flat together with interest .

the flat owners can also file case against unscrupulous buildersfor cheating etc .

Shiv Raaj Ratnam (Querist) 14 November 2011
Sir , don’t you think the Consumer Court even if gives the flat owners orders to get our money back with interest , the same unscrupulous Builder will be benefited because the with that money plus the interest the flat owners will not be able to buy even a hut today , real estate prices have multiplied so much in last 10 years .

ajay sethi (Expert) 14 November 2011
you cna also ask for compensation

prabhakar singh (Expert) 14 November 2011
Well dealt in depth no addition required.I agree.

Guest (Expert) 21 November 2011
Agree with latest advice of Shri Ajay Sethi.

Conveyance complexity

Similar Resolved Queries :