• Promoting

Dear Sir,

I am a resident of Kolkata and under BL&LRO Sonarpur.

I have a small house in a plot measuring 3 cottah (720 x 3 sq.ft) in Kolkata - 700 152. Recently I have approached few promoters for promoting as I am unable to maintain my house. My neighbors whose house is just adjacent to my house also desires to give it on promoting (measuring 2 cottah 720 x 2 sq.ft). Therefore, total 5 Cottah (720 x 5 sq.ft) to be given on promoting after amalgamation of two properties. Now there are certain problems which I would like to seek your advice

1. As per BL & LRO (Sonarpur) record out of 5 Cottah area 3 Cottah showing "Pond" & 2 Cottah as residential plot (2 Cottah as pond in my area & 1 Cottah as pond in my neighbor). Although pond portion is in the back-side and hardly recognizable.

2. In the original deed (Year 1980) of mine and neighbor (purchased from same owner) there is mentioning of "Sulahnama" (Year 1960) with an another person but there is no copy available of this Sulahnama. Further, BL & LRO shows that the land belongs to this person who has lost the case in Baruipur Court and a Sulahnama is issued. But the owner from whom we have purchased the property has no mention in the BL & LRO records.

1. My question is whether construction can be done as the Parcha (Type of property) showing "Pond" & "Bastu (Partly pond partly bastu) although pond can be hardly recognized now.

2. Whether Sulahnama is sufficient enough to go ahead. This sulahnama was made 55 years back. Therefore, can a copy be obtained and what is the process & cost. 

3. Promoter has said these things can be taken care but huge money involved. Can there be any dispute in future (Specially during construction stage?)

Please help

Regards,
Rajat Goswami
M: 9674000071
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) your title to property is not clear and marketable . 

2)you have purchased property from original owner whose name is not on records 

3) sulahanma or compromise entered into no records are available 

4) you will have to search old court records and find out details about the sulahanma 

5)contact a local lawyer to obtain copy of  the records of 1960 if available in the bauripur court 

6) if you sell the land to the builder on as is where is basis it would be his headache to take care of these issues . 

7) as far as carrying on construction on your property is concerned check with local architect 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1) west bengal muncipal building rules 2007 

Control of development of parks, public open spaces, ponds, wetlands, canals, river and other water front
and brick fields:—

Rule 8 sub rule (3) No canal, pond, water body, wetland, rivulets, jhora, water source, natural spring, streams, drains, culverts shall  be filled up:
Provided that after taking due consideration of the existing relevant Acts, the drainage, slope, slip, landslide, ecology,culture, environment, pisciculture, fire fighting or any other material consideration, and for reasons to be recorded in writing theBoard of Councillors with the prior approval of the State Government, may allow any canal, pond, rivulets, streams, rivers, Hood
plain area to be filled up. 

2) i s your sale deed duly stamped and registered? inorder to confer clear title purchase of plot should have been by registered sale deed . in your case you have purchased property from seller whose name is not on records . 

3) it is necessary to peruse court order of sulahanma entered into between parties . you should have obtained certified copy of order from court before purchase of property and it should have been enclosed to your sale deed 

4) contact a local lawyer . you would get the records but may take some time as it is of 1960 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Submit an application for conversion to the BL&LRO from Pond to Bastu,collect a no objection certificate from the local Municipality and file it also.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
The reported Sulahnama is an  hearsay information reportedly manipulated by the erstwhile owner in order to the dispose the property by concealing that it was partly pond land without any right to do so.  This might have escaped the attention of the purchaser then who generally do not obtain legal opinion while purchasing he immovable asset to avoid the cost for legal opinion. 
ow this can be a problem at a later stage too when some honest official of the authority decides to demolish even the constructed portion wha was constructed over the pond land. You may have to run from pillar to post to get whatever relief you ma get or to forego everything cursing your fate. 
While you have time to straighten the records at this stage itself, do everything properly and legally and then think about developing of promoting your land into proposed apartments or whatever you have a plan about it. 
Atleast now you consult a  local lawyer and discuss the issues at length to sort out the problem.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. Sulahnama i.e Compromise deed is a legal manner to amicably resolve a dispute. On the basis of this deed you can execute a document of transfer of property and then have the property mutated. It needs to be seen as to what is the dispute which was resolved through sulahnama. If the sulahnama was registered then a certified copy of it can be obtained from the office of registrar. The cost should be not more than a few hundred rupees. Unless and until the sulahnama is perused it cannot be said whether the title chain is clear. 

2. The first thing which you should do is apply for mutation of the property in your favour. Irrespective of whether the chain of ownership is proper or not you are entitled to apply for mutation. What has been shown in the previous mutation need not be supplanted in the mutation which may be sanctioned in your favour. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Without converting the land fully you can not make constructions on it even though physically no pond is existing thereon.
2.Without showing the land as Bastu on Porcha no bank would grant loan on the property even though the building is made illegally.
3, Sulathnama is of little value in this scenario.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1. If there is no pond in the land now, file an application for conversion in to 'danga',

2.After that enter in to a well drafted development agreement with he developer and register it. Collect the copy of the sulahnama from the registration office if it was registered. Find out where the Sulahnama was submitted. Was it submitted before the Court or registration office? It hardly takes any amount to get one copy of the same if it really exists,

3. Ask the promoter on what account he wants the said huge amount? make the deal in such a way that the promoter will take care of arranging all such documents without any additional cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. So, get the property mutated in your name first,

2. File an application for the said mutation immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You shall have to file an application for the said conversion of character of land in the records. It will take time but  copy of the said application will be required for the buyers of the yest to be constructed flats to submit before the Bank to avail housing loan,

2. Sulahnama, if submitted before he Court or registered before the Registrar, is a valid document to establish ownership of a property,

3. It is possible to get copy of a 55 years old document from the Registrar's office or from the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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