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HASIT MEHTA (owner)     04 June 2013

Dispute in property

Hello,

I PURCHASED one factory premises(A) in mumbai in FEB'2000 from partnership company , which has 4-partners say 1/2/3/ and4.

 

They had two factory premises(A & B) and they kept two names in each premises i.e partner 1 & 2 were registered in premises A and partners 3 & 4 were registered in premises B.

 

Partner 4  from premise B gave me possession of premises A and took the money in cash and took balance amount in cheques and didn't give me signed agreement by partners 1 & 2 and society NOC. Because of this my bank didn't release me loan on the premise A and thus my cheques got bounced. He was not giving signed documents and just gave me signed receipt (signed by partner 4) of receiving Rs.5.5 lac cash (instead of Rs.10 lac) from me against the purchased premises A and wrote that "they have given the premises on rent for 6 month which will be purchased after 6-month and this money will be adjusted against the purachse amount " for banking purpose on their companys letterhead.

 

All the partners were fully aware of the deal & Till date they didn't register any case against bounced cheque .I later on came to know that society was not giving NOC because of the non payment of maintenance of around Rs.6 lac.

 

Recently partner 1& 2 setelled the account with society against the premises A in question.

 

Present status is "possession in my hand and cash money with them" and property is without litigation of any kind.

 

They went up to police commisioner with complaint in which they have clearly mentioned that the premises has been sold to me and cheques got bounced. I have the copy of their complaint through RTI.

 

I am since then in full, exclusive,peaceful,visible to all, & continous possession of the premises but without the proper Legal documents.

 

Please guide me,under the above circumstances what is my status ?

 

Can I claim the premises under 'Adverse possession"? As it is more than 14 yrs of possession.

 

I request you to guide me on this. PLease guide me urgently

 

Thanking you / Mehta

 


Learning

 1 Replies

prakharved (Medical officer)     27 June 2013

@Hasit

 

 

I think you should consult a practising property lawyer on this issue. To get your query answered you can check out this website, www.lawkonect.com. Here you can write down your query in detail and a property lawyer would give a written reply to your query. You would be informed about the the relevant laws that you need to take into consideration and the you will also be described the options available to you in your present situation. If you require, you can hire a lawyer, or request consultation through www.lawkonect.com.

 

Regards


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