Builder is making sale deed with incorrect Khatian , but correct dag numbers to hide Khatian 1
I bought an under construction flat /apartment in 2014. The project was marketed by Kolkata’s famous marketing company ,pioneer property management and developed by a reputed builder.
The project has all branch approval from Punjab National Bank for home loan. The project plan was approved by Dum Dum Municipality & municipality mutation was done in favour of builder.
As it was marketed by big house and had loan approval from a Public Sector Bank, I did not bother to search the land record again.
A month ago, I got the long pending possession. Now, surprisingly I came to know this land belongs to Khatian -1 of Dum Dum Cantonment Mouja. Builder completely hides this information. In their Joint Venture Agreement, they have mentioned Khatian as 11 in lieu of 1.
I enquired the search report of the Punjab National bank panel Advocate visiting the Head Office .
The Panel advocate nowhere utter a single word about the Khatian number in the entire search report . He only mentioned daag no(2352 and 2353) and gave a clearance certificate seeing the title deed.
So, from the searching record , it is not Known how the land is currently belonging to Khatian 1 and current Khatian is not mentioned in the search document.
According to govt rule, land belonging to Khatian -1 of DumDum cantonment cannot be registered .
Now, I came to know about a big scam. Many builders in the nearby area are registering flats by putting some junk Khatian number like 11,12,,,101..13 etc in lieu of the actual Khatian, which is 1.
Sub register is surprisingly allowing this kind of illegal execution of deed. I have seen Sub-registers of Cossipore , Dumdum, ADSR -1 North 24 Parganas are allowing to execute such kind of Fraud sale deed.
Now , my builder is planning to make such kind of illegal deed . All the connected people like Bank, municipality, marketing company are aware of this fact.
I would like to ask the below questions
1. If the builder makes sale deed by putting correct Dag numbers , but an incorrect Khatian number (which can belong to some third person) in lieu of correct current Khatian number as recorded in BL & LRO office , what will be the consequence in future ?
2. How did the municipality allow this plan (without Bl & LRO mutation)?
3. How did a Nationalised Bank approve the loan and give full legal clearance ?
4. What should we do now?
Asked 6 months ago in Property Law from KOLKATA, West Bengal
Possibly there is no cantonment board for Dumdum Cantonment though Cantonment boards are there for Barrackpore cantonment and Delhi Cantonment area . According to the search report of the title deed , the plots (CS Dag no- 2352,2353) was initially owned by George Watson . In 1902 it was transferred to Rameshwar Guha by way of conveyance deed dated 17/01/1902 registered at RA , Calcutta vide book number-1, volume no 15 ,pages from 56 to 60. Thereafter Rameshwar Guha sold the land in favour of Nalini Kanta Ghosh & Srikanta Prasad Ghosh by registered deed of sale vide no- 1340 in the year of 1908. In 1962 . the legal heir of Nalini Kanta Ghosh & Srikanta Prasad Ghosh jointly sold out the land in favour of Oodlabari Company Limited by way registered deed of sale vide no 1838, recorded in Book no 1, volume no- 73, pages from 64-73 . for the year of 1962 . date of expectation -09/04/1962. I am not sure how theses plots were attached to Khatian 1.
Defense Estate Authority has sent a legal notice for eviction. Below is the order of High Court. Case no(Appellate Side, Kolkata High Court) - W.P 10256(W) of 2015 With W.P 7163 of 2015.
“Upon hearing ..... for the writ petitioners, ......Additional Solicitor General appearing for the Central Government including the Defence Estates 2 Authority, ... Senior Advocate appearing for the State Government and Mr. Roy, learned Advocate appearing for the Dum Dum Municipality, both the writ applications and any pending connected applications are disposed of with the direction that the Central Government including the Defence Estate Authority shall not evict or otherwise proceed to evict the writ petitioners except in accordance with the procedure prescribed by law and shall also not command them to do or restrain them from doing any act without such authority. Any notices, advertisements and circulars etc. issued contrary thereto shall not be given effect to or further acted upon by the Central Government or the Defence Estate ...
Asked 6 months ago
Now, my question is what is the correct interpretation of this judgement . Defence estate Authority had sent an eviction notice to builder . The construction work was suspended for a few months and HC (single bench) has given this judgement .
After this judgement , builder completed the construction and gave us the possession
On basis of this judgement , can we accept the flat ? or still we should cancel? .
However, proper registration is still not happening on basis of the judgement as this judgement did not instruct to continue registration for Khatian 1. Registration of Khtian 1 land of Dum Dum Cantonment area is still suspended .
(We, current unregistered owners wanted to discuss this matter with cantonment board . But we could not locate any cantonment board for Dumdum cantonment . Local people informed Cantonment board for Dum Dum cantonment was dissolved long ago)
Asked 6 months ago