City Survey office is not registering flats on correct CS number
We are residents of Sangli, a district place in Maharashtra. I purchased a flat in a building in Sangli in 1996. I purchased in resale. Till then the flat owners (7) had not registered the flats in city survey records. The plot belonged to one land owner and was developed by a builder in 1984.
While developing the site, the builder had obtained the permission from the municipal corporation. While doing this he obtained the certificate/document from city survey office, which states C S. No 22240 for this plot. Therefore, in all documents like permission by municipal corporation and declarations etc CS No. 22240 is mentioned.
Afterwards, all the flat owners registered the flats and a shop in the city survey records. This was also done on CS NO. 22240. We have that property cards showing the building and all flats with CS NO. 22240.
In 2009, one of the neighboring property owners applied for property certificate from CS office. The office handed over him the certificate showing our building on 22240. At that time everybody came to know that CS office has done mistake in providing the CS No. to our plot. The CS office has given 22240 to our properties instead of 22238, which was correct CS number. As I mentioned it was done by CS office when the builder developed this site, so that all our flats were registered to this number.
The neighboring property owner put up an application to make corrections. On his application, the CS office changed the CS No. of our plot to 22238 and 22240 was retained to the neighboring plot. While doing this, CS officer did not transfer our building and flats to CS no. 22238. They showed the name of original plot owner for 22238, instead of building and flats.
We made representations register the flats on 22238. But office says that we have to get the correction report to the sale deeds of flats from the registrar. This requires old and present flat owners to remain present in registrar’s office. This is not possible, because the flat owners who have purchased the flats in resale do not know the whereabouts of the old flat owners. Some of the old flat owners have or may have expired.
The CS office is not registering our properties. This is causing many hardships to flat owners. What is the solution? Can we take the matter to court? Is it possible to get judgment that the CS office registers the flats without requiring anything to do on our part? What are rules in such cases?
H R Shah
Asked in Property Law from Sangli, Maharashtra
File a declaratory suit praying for declaration that the CS No. of the plot of your flat is 22238 and direction upon all concerned including CS office, to make correction of the said no.
follow as advised by ld. friend Mr.Ganguly.
Advocate, New Delhi