How to deal with fraudulent sale of property ?
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Open
Brief- Fraudulent Sale of Plots by Todi’s
We are tenants and residing in the buildings constructed by 1) Todi Industries P. Ltd on Plot No. 69 and Bhagwandas Todi Charitable Trust- A Public Trust registered with Charity Commissioner, on Plot No. 84. Both the plots measuring 800 Sq. Yards are in JB Nagar, Andheri Kurla Road, Andheri-E, Mumbai in Rajasthan Coop. Housing Society and were leased out to above parties in accordance with the bye laws. Both the owners never bothered to look after proper maintenance of the buildings thereby making them dilapidated.
These properties were sold illegally by the owners with out making any reference to tenants who were in negotiations with the owners for converting the tenancies in to ownership since 1998 when they first published the advertisement in the Times of India about their intentions. When they did not get any buyers we approached them but the deal could not be materialized.
We had offered between Rs.275/- to Rs.300/- to the trustees in the year 2000 but they were not agreeing to the proposal.
Thereafter we suddenly got to know in 2007 that the properties are sold.
The two builders a) Aakash Shrishthi Constructions ( Plot No. 69) & AJ Construction (Plot No. 84) to whom these plots were assigned by way of Deed of Assignments (Registered with Sub Registrar’s Office in Bandra in the year 2005 and 2006 respectively) came in to picture in late 2007 and started threatening and pressurizing the tenants to leave the premises as neither they will repair the buildings nor allow the tenants to undertake repairs and then collect the amount as per law from the rents payable.
Due to this tenants formed an Association known as Todi Buildings Welfare Association to defend themselves against the criminal and illegal acts of the builders and registered it with the Charity Commissioner, Mumbai in 2008.
When all efforts of the association failed to get permission from BMC for carrying out structural repairs to the buildings jointly by tenants a Writ Petition No. 2028 of 2008 was filed by Todi Buildings Welfare Association and when BMC still did not act on court order we were compelled to file a Contempt Petition No.113 of 2009 in High Court. But as is usual in this country courts have become just money collection set up without quick justice mechanism thereby leaving exploited high and dry. The contempt petition is pending before HC and may take years to decide and which will not help tenants in any way.
However in early 2011, we have come to know that the original lease holders have assigned the plots measuring 800 sq.yds. at the price of peanuts @ Rs.7.5Lacs and Rs.19.02Lacs respectively way below the price offered by the tenants in the year 2000 and which could have been matched with the offers of the builders in 2005 had the owners given the tenants an opportunity?
We therefore feel cheated and deprived by the illegal and fraudulent sale of the properties by the original lease holders and wish to challenge the deeds of assignments. We sincerely seek help from the proactive advocates genuinely committed to the social cause of justice. Pl. help and guide us with your expert views.
