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getget   02 April 2022

Can anyone change the location of a property once it is sold and mutated ?

Hello,

This question pertains to land in the State of Maharashtra.

My mother purchased a vacant land from a Cooperative Housing Society registered in Maharashtra in 1980s. In 2001, it was brought under the purview of the Planning Authority by the rules under the Gunthwari Act. The layout was regularised in the year 2001 under the Gunthewari Act. My mother then died and the Will stated that she had willed me the vacant plot. By this time the Tehsil office had already issued Form 7/12 thereby mutating the land in my mother's favour.

It was them discovered that there was a road planned that was passing through my plot. So, the CHS unilaterally went on to file a map in the year 2006 that changed the size, location and serial number given to my plot along with all the other plots in the layout. In other words, the CHS filed a new map stating that due to the road , a few plots were getting obstructed and so to be able to accommodate all plot owners, it was filing a new map.

The most interesting part of this map was that it had more number of plots than the original map and also the area of the layout was more as compared to the original sanctioned layout. In 2017 the road that was passing over my plot was deleted by the Planning Authority.

My questions are -

1. Was the CHS authorised to file a new map without the consent of the plot owners, especially after the mutation of lands in Revenue Records and also after a passage of almost 3 decades? Also, the lands once mutated , their title and hence the size, location and boundaries cannot be disturbed by anyone unless it is acquired by the Govt or otherwise blocked for some reservation. So, even otherwise except the Land Revenue Authorities no one has the right to meddle with the records or my possession of the plot. Is my contention correct?

2. The Society has been claiming that it was within its rights to file a new map. However, my contention is that the Sale was a commercial transaction and once it was over and complete (Sale Deed, Payment and Mutation), the CHS had no right over the land irrespective of me being a member or not. Am I correct? Is my right not protected under the Transfer of Property Act, 1882? Again my other contention is that my or my mother's membership status of the CHS has no bearing on my undisputed ownership over the plot that has been in my mother's possession and after her death, in my possession. 

3. Under the Gunthewari Act, there is no provision for revising a map once a layout is sanctioned. Also, there is no question of additional and new plots being created (as per the map of 2006) as the cut-off date was 02.01.2001. Am I correct here also ?

4. Thirdly, since the planned road was deleted in 2017 there is no question of it ever being constructed. So the plots lying on either side of the road (as per the new map of 2006) will never have an entry or exit. And, the layout needs to be revised again. Is this correct ?

5. Lastly, in case the new map i.e. of 2006 is kept as it is, my right over the land as per the originally sanctioned map of 2001 remains intact. Is this also correct?

I hope someone can answer and help me. 



Learning

 6 Replies

Kishor Mehta (CEO)     02 April 2022

It will depend on the terms, conditions and covenants of the registered sale deed.

getget   02 April 2022

Isn't the sale deed what it is? I mean a sale deed wouldnt confer the buyer all the rights including the title? How can anyone meddle with it? Plus when the government has recognised the transfer then how can anyone else change the boundaries?

G.L.N. Prasad (Retired employee.)     02 April 2022

Please understand the limitations of forum guidance in complicated matters.  Find out the names of such victims due to a change of the plan, mobilize a group, pool some amount, and seek local advocate guidance.

Dr J C Vashista (Advocate)     03 April 2022

@ Getget,

Too long a story for consideration and obligation of experts on this platform.

It will be better to consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding. 

getget   03 April 2022

A lawyer is already working, but I wanted to know the views of other members on this. Maybe I should rephrase the question to:

If I own a piece of land that is backed by a sale deed and saat barah (form 7/12) is the seller ( the cooperative housing society who sold the land) now allowed to change the size, location and boundaries of my land without my permission and explicit consent? 

Thanks.

P. Venu (Advocate)     11 April 2022

How is that the Society sold you the land? It appears that some vital information is missin!


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