property registration
Querist :
Anonymous
(Querist) 15 February 2009
This query is : Resolved
Sir,
I have a querry,in which i need your hanourable advice-
A property is purchased by a joint individual Individuals let A and B in Yr.1966 , 40000 sq fts.
On the said property a Firm,let X is doing business, in which B along with C,D,E and F are partners.Kindly note A is not the Partner.
In Yr 1973 , Firm X leased the said property to Firm Y by Register Agreement for a period of 30 Yrs,even though property is in name of joint owners A and B.
In Yr 1975,out of above 40000 sq ft A and B sold 15000 sq ft to Firm Y.
In yr 1975 ,Firm Y after Registry in its name , kept 15000 sq ft mortgaged with the Bank.
In yr 1979,new parties take over the Firm Y with all the liablities and got Registry from Bank after paying the dues, and from that time is in possession and Firm is doing business there,also they have their tenants also.
In yr 2003 Firm X started to claim the property stating that lease period is over and they after showing the lease deed to tenants started to take rent from them.
I want to know -\
1)can firm X can do lease aggreement to Firm Y in Yr 1973,even if property is in name of A and B and only B is the partner in the Firm X and When A and B itself executed a registered sale deed to Firm Y in Yr 1975,without mentioning anything about the lease in the Registry documents?
2) In Registered Lease deed ,in property description,it is just mentioned properties is in four side of the said plot,which is going to be leased,there is not mentioned the Khasra No. of the plot ,Place <City>and Area in which it is situated and How Firm X got right in the said property.The map of the above place which is going to be leased is also not attached in the Registered Lease Deed.
In original Lease Deed properties in four side of the leased plot is written by hand whereas second copy with the Registrar contain the matter in typed.
Is the lease deed valid?
3)LEASE DEED has been executed by a managing partner "C" of the Firm X to Firm Y in Yr 1973, whereas sale deed executed by joint owners A and B in yr 1975 to firm Y through its partner who is again " C".
Note here that C is involved in both the place.
In sale deed ,it was not mentioned by A and B that the plot is a part of leased land.
The said partner C only made entered new partners in the Firm Y in Yr 1979,and left the place.
What is the legal position of new partners who became partner in Yr. 1979 ,when the firm property is mortgaged in Bank and took out the Firm from loans of Bank and is in possession till,but recently his tenant is started giving rent to Firm X?
Is lease is valid and the registry done in Yr 1975 by Original owners is invalid?
What is the position of C?
What more can new Parties can do?
Kindly give your valuable reply or opinion and oblidge.
Thanking You Sirs,
Yours faithfully,
sanjay chandak
(a partner of firm Y,who takenover the firm in Yr. 1979 with its huge liabiality.)
sanjeev murthy desai
(Expert) 17 February 2009
Dear Sanjay,
We have to verify the all the documents before exprss opinion in your fact.
sanjeev desai
PALNITKAR V.V.
(Expert) 17 February 2009
This query is not yet replied. hence, i am making it open.
Abhishek
(Expert) 17 February 2009
this is a complicated matter...needs attention..
Querist :
Anonymous
(Querist) 18 February 2009
please suggest me.
sanjeev murthy desai
(Expert) 18 February 2009
1. B has absolute ownership of 20,000 sqft of the property and he has the right to transfer the property to the Firm X.
2. Registered Lease deed is valid, beacuase it is registered from the competent auhority.
Please clarify.
How without consent of "A", B is trasfered the property to the firm X?
How Much property B" is transfer to the said FIRM X.
Why the Firm Y has purchased the portion of the property with in the lease period of 30 years.
Is there any consent of the all the partners of firm X? if consent is there C has the authority to transfer?
Firm Y has the absolute ownership of (15,000) portion of the property which is purchased from A and B.
I think A and B jointly did some fraud.
sanjeev desai
Kamlesh soni
(Expert) 18 February 2009
I think mr. Sanjeev is right
Querist :
Anonymous
(Querist) 24 February 2009
my above querry is still open
sanjeev murthy desai
(Expert) 24 February 2009
If you want perfect answer please clarify the above clarifications.
