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 8 years ago in Property Law
Religion: Hindu