Attain right of ownership or development rights for the land
Below are the details of the industrial land in the island city of mumbai,
PROPERTY consists of 1877.90 sq. m. of free-hold land owned by a public limited company which in 1958 constructed the present five industrial galas & rented them.
LANDLORD the landlord company though very old, gradually exited activity from 1970 & became DEFUNCT in 1993 (admitted by it in writing) & accordingly advised tenants to stop paying rent therefrom . The present status of landlord company ( as per ROC) is “DORMANT”, has NO DIRECTORS; ZERO PAID-UP CAPITAL and no information on its last AGM if any held or last Balance sheet if any filed. The company is UNTRACEBLE (also observed by MCGM & Mumbai Collector) Regd.A.D. letters sent to it have come back (addressee not found),nor has the company responded to advertised public notices.
PROPERTY CARD Clear title in the name of the landlord company ; no mention of any encumbrance , mortgage, hypothecation loan, charge or lien, sale, litigation , claim or attachment from anybody nor succession , inheritance or gift or award.
TENANTS all recognized, accepted & approved by landlords, all in continuous & unchallenged possession of galas ( some since 1959), all protected under Rent Control Act. No one has any RENT arrears nor any eviction suits against them. All tenants have independent Municipal & Governmental licenses & permissions and independent water & electricity connections (all costs & maintenance to their a/c)
TAXES despite collecting rent; landlord defaulted on paying property taxes from 1978; Land Revenue to Mumbai Collector etc. All these responsibilities of the landlord had to be settled by tenants in order to forestall auction of the property & attendant consequences. Even today, tenants are paying all due taxes as they are also recognized by the concerned authorities. Landlord has not bothered to reimburse these amounts to the tenants.
TENANTS NOW NEED to immediately get the ownership of their respective galas (including the land below) transferred in their respective names, without having to actually pay any price now to the landlord who in fact is not existing & the tenants have been bearing all costs all these years. The construction is nearly 60 years old & needs restoration & re-construction for which again the tenants are themselves ready to spend from their pockets. But once having done that the structure should be their rightful property although they are even today like de facto owners already since over 50 years.
also i would like to understand the procedure by which i could gain ownership of the land or atleast secure developement rights for the same to redevelop the property by gaining the benefits of FSI.
Asked in Property Law from Mumbai, Maharashtra
1) you will have to move court to seek permission to carry out renovation works as landlord is not traceable
2) you cannot get ownership rights of the land as you are mere tenant
3) development rights for redevelopment landlord would be entitled . in case landlord is not traceable you can seek court orders to secure development rights
The option to get the properties transferred on their names to the tenants can be done by following certain procedures given below:
First apply for mutation of revenue records on individuals names and transfer of property cards on individuals names by moving applications before the authorities competent to decide such issues.
The competent authorities may not be inclined to transfer the same and would insist on sale deed or NOC from the erstwhile owner/landlord.
Do not insist more about this to the authorities on the issue but insist on getting their reply in writing.
After having got their reply in writing, you may file a suit for declaration of title on the basis of adverse possession for which the original rental receipts, tax paid receipts, proof of electricity consumption on your name and other services on your name shall be produced by impleading the landlord as first respondent and the authorities as second respondent.
Let the court decide about the title and ownership of the property on the basis of satisfactory and convincing evidences produced before it even by setting the landlord as exparte.
This would be a way to acquire the properties or you can consult a local advocate who may suggest any other idea based on the circumstances prevailing in the local atmosphere.
legal status of a person never changed merely by lapse of time. You cannot get mutation or declaration because you have entered into the property as a tenant.
You should file a civil suit for title and ownership of property and make your landlord and collector of the city as defendants. Government is the owner of all unclaimed property so collector is necessary party in your case.