Lease
Rohan Lall Chowdhury
(Querist) 20 September 2010
This query is : Resolved
We have our Debattar Estate, and that estate has three sebaits, my dad is one of them. Now they have given the land to a local builder for a lease of 999 years which is totally unknown to them at that time, and the builder has made notary deed with three brothers (Sebaits) and promised to make the construction within 4 years for a residential apartment and will give three brothers 1000 sq ft each and this thing has passed about approx 20 years ago. Now that builder without noticing us already started making there a commercial complex. When we went there to ask him he told us that he cannot give us the land but he can give us a amount to remove from this agreement. Sir I would like to put an injunction to stop this construction as though my parent and his brothers are still the sebaits. Sir please help us please.He is a local Goonda cum Currupted builder. Suggest us what to do next. We need your greater cooperation and help.
Uma parameswaran
(Expert) 20 September 2010
With out knowing the content of the agreement it is not easy to tell anything. I think You can show the agreement to an Advocate near of your place and take appropriate steps.
Rasik Dagli
(Expert) 21 September 2010
Lease for 999 years can not be made by making it only Notarised. It has to be Registered. Please verify carefully or by taking search of Registration Records and obtaing copies of revenue records of relevant period for 30 years. If the Lease is not registerd file a suit for injuction restraining the builder from making construction or for using the land for any purpose.
RASIK DAGLI
Advocate.
Chanchal Nag Chowdhury
(Expert) 21 September 2010
To enter into such agreement as U have stated, leave of the District Judge is compulsory. If that has not been obtained,the agreement is invalid in any event.
U will have to approach the District Judge & make necessary under the Religious & Charitable Trusts Act & obtain ex-parte injunction. Make sure U can show that U have some interest in the seva-puja of the Deity.
