Kushal Agarwal
My Grandfather is the grantor of a plot that falls in Sangli district Tehsil and there has been an issue with the property card of the plot and the declaration deed. Attached a rough sketch of the Plot for your kind reference.
A building was constructed on a part of the said plot admeasuring (636 sq. mt. total area of plot), 12 units were constructed, 4 on the ground floor and 8 on the first floor along with terrace, open space in front of the appt and a 7ft road in front of the open space for transportation purpose. Initially we gave all these units on tenament. then in 1997 my grandfather sold these flats to all these tenants and formed a deed declaration and sale deed with individual unit owners and the apartment was registered as a condominium under MOFA Act, 1970.
Now in the deed declaration (registered) its clearly mentioned that the unit holders have their share only in the apt and the open spaces in front of it, terrace and other common area like staircase etc (regular conveyance done). The remaining parcel of land (since the apartment was constructed on part of the plot) and the unused FSI on the existing building is still in the ownership of my grandfather and that the existing unit holders will have no share in it.
It is also mentioned that the society formed with the existing owners will have to induct the new owners if we construct a new building on the open parcel of the land and also the unused FSI still available with us. That means only the administration will be governed by the society even in future by inducting any new members.
But the issue is with the property card. In 1997 when the declaration deed was signed at the same time around the property card was updated and in that the then City Survey officer wrote that the owner (My Grandfather) has given the entire plot admeasuring 636 sq. mt to the apartment (society) and there’s no distinction that only the apartment and the common spaces are in the share of the existing society and that the remaining open parcel and unused FSI is still ours. This issue I guess went unnoticed that time and today when I am thinking of selling the open parcel and unused FSI I am facing a lot of problem and all the existing members have objected and threatened to take us to the court with the proof of property card.
For no mistake of ours and after clearly mentioning the terms in the declaration deed too, the blunder was committed by City Survey officer and it is so illogical that any updation in such documents are not brought to the notice of the concerned parties and the mutations are carried as per their understanding only for us to suffer later when we view such documents during some deal.
MY QUESTION IS:
Please help me out with a
1) proper legal procedure to solve this issue at the earliest and update the property card once again from the time the blunder was committed.
2) Is the declaration deed sufficient enough to prove our case before the superintendent of land records?
3) I also fear that if at all the officials agree to initiate mutation process the existing members will also be called and they will object to the procedure which will force us to knock the doors of the court.
4) Also a lot of time will be consumed in this extremely complicated legal procedure and a lot of money will have to be shelled out to pacify irresponsible and greedy government officers in the tehsildar and talathi offices.
5) Also, if the declaration contains a clause that new members of the new bldg. if constructed in future will be inducted in the existing society with no objection, can I sell the open parcel to a private owner for his bungalow construction or we will have to go for an apt scheme only?
I will be extremely obliged if you give your expert and to the point advice on all the 5 questions individually because this will set the tone of my further course of actions. I am in dire need of money right now for my sisters marriage purpose and want a fool proof and less time consuming solution to solve this problem. I can only wait for 60 days. I hope you understand the kind of situation I am in.
Thank You Sir. Waiting for your reply at the earliest and hope that we have an upper hand in the case.
I C Naik
This is a serious matter and without wasting time engage a property lawyer to mode fast.
