Validity of Sale Deed, Lease Deed and Succession
X-Husband and Y-wife are having a estranged married relationship and they are leaving separately for over 20 years (not divorced). They have a dispute over immovable property. Lease deed of property is in the name of X-husband and he is in possession of property. Y-wife has filed a suit for declaration, injunction and possession of title of property and prayed for declaring X-Husbands Lease Deed to be declared null & void and to make new Lease Deed in her name.
Brief history of the case:
A land was purchased from by a registered sale deed between land-owner and proposed co-operative housing society of plinth/plots and the consideration is paid. The Lease deed was performed between proposed Co-operative housing society after paying full consideration and X-husband and he constructed a commercial structure over it. The same Lease Deed was challenged in the court by the Y- wife claiming to be a first allottee of plot on the basis of communication from chief promoter on letter head. Suit filed by Y- wife was dismissed on the grounds of jurisdiction. Y-wife preferred a Appeal in higher court against the order.
During the pendency of Appeal X-husband died. The Appeal also is been dismissed.
Questions to be answered:
1) Is sale deed between land-owner and proposed co-operative housing society(CHS) legally valid? since Supreme court in his earlier ruling has observed that proposed CHS being non-existing entity can not enter into any contract. (based on Section 36 of Maha. Co-op. Soc. Act 1960)
2) Is Lease deed between proposed co-operative housing society (CHS) and X-husband legally valid? as per apex courts observations.
3) Can the original land-owner enter into new sale deed? on the grounds mention by ruling of supreme court that, proposed CHS is not a legal entity and the contracts entered into such CHS is not a valid contract in the eye of law and it could not be enforced against land-owner.
4) Having rival claim over property during lifetime of X-husband can Y-wife after his death claim the same property on the grounds of succession acts? Especially
when her claim against X-husband has been dismissed by courts