I am an owner of a flat in a apartment in chennai. The apartment and a commercial complex built in a property which is approved as composite plan approved by CMDA. While registering the builder had registered two properties as divided share in his sister concerns (one is a land parcel a passage and another one is commercial block). We (apartment) had a writ petition and got a favorable judgement stating the divided registration is illegal, and this should be a composite plan. On another civil suit (we are plaintiff) we had filed to get the passage to our association (since the build had signed a Mou for the same) and revert to the composite plan. One sister concern (passage land as asset) is dysfunctional now. Another sister concern had to give the commercial tower through auction due to loan default so we have a new owner there. The old and new owner also in to a litigation since (the extra land acquired for road widening is handed over to the old owner, and the new owner is asking for that land. We are impleaded as a concern party over there). In the civil suit where we are plaintiff we are signing a compromise memo with the ex MD of the dysfunctional company and they are agreeing to reopen their company and rectify the deed. My concern is that since it’s a composite property and the divisional bench also said the existing division is wrong, if we are getting it in our (association) name would this be considered as illegal and given a chance for the new and old commercial owners to challenge the divisional bench judgement or getting us in trouble.
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