- This topic has 16 replies, 5 voices, and was last updated 1 year, 5 months ago by
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UHey guys, my father bought a piece of land 25 years ago but due to a scam it was never transferred, although full payment was made. At that point of time it was pursued to the High Court, but after some point of time we lost touch with it.
No development has happened there due to it being “disputed”. The promoter who was involved is currently in jail due to similar high profile scams in the state.
Question is logically is there any solution to this? How long will the property stay disputed with no ownership?
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EDepends. Not much of info given like which state, whether located in the city i.e. agricultural or not etc.
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UIt’s in West Bengal. On the outskirts of the city & no it’s not an agricultural. The idea was to build our house there.
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EIs there any other piece of evidence where your father’s name appears on this property? (Property tax, perhaps?)
Also, if the money was transferred to the owner, was it an ancestral piece of land? Is there any piece of evidence that payment (consideration) was made towards this property?
If there is none, then IMO it’s a waste of time, cut your losses and move on in life.
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QHow did it reach the high court i mean which was the last court before it reached high court and does west bengal not have real estate regulatory authority (Rera) you could file your case there collectively
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UI am not sure about that the case was filed 25 yrs back & last time we are aware of it being active was 10-12 yrs ago, when the promoter attempted to quash the case but our lawyer thwarted it. Since then the promoter is in jail & as far as I am aware the case hasn’t been active.
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QAs a matter of fact since you guys are invested I would suggest you file for takeover of the property through high court/rera and develop it yourself collectively (put fence around the property and get a stay from courts against third party creation don’t let it go there are many instances where it has been done before through many forums i e.nclt,rera, consumer courts ,civil courts
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UOK. Thank you will look into it. Can you explain in detail what the procedure for takeover would be like? Can it be done through RERA in West Bengal?
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QAs your case is still pending in the highcourt (no action since last 10 years) file for takeover permission to develop stay against third party creation hire a good , reputed aggressive advocate as a group and take it from there (rera is a tribunal which comes under high court) I assure you that you will get a favourable response
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