• Regarding Agri land society

Greetings,100acres agri land was bought, made into a society and 1acre parcels were distributed amongst 100 members with respective share certificates in 1994. Not all the land has clear society title. Members did not check, but bought into the society on trust. In 2021 due to some of the land having gone under litigation, members with those lands are demanding redistribution. Is that legal. Other members have built homes on their allotted plots. Would they have to give up their homes to accommodate members with lands under litigation.
Asked 4 years ago in Property Law
Religion: Other

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9 Answers

1. It's the responsibility of the trust to have distributed legally clear lands to all the registered members.

2.  Now if there's litigation in respect of certain lands, the trust, on behalf of affected members, should fight it out in the jurisdictional Court.

3. Based on the bylaws of the Society and to protect the interests of the members who are affected, redistribution can be resorted too, if it's approved by majority of the members in a Special General Body Meeting. In case of redistribution of land, care should be taken not to dislocate houses built there on and minimum hardship to the caused to the other members.

Shashidhar S. Sastry
Advocate, Bangalore
5450 Answers
330 Consultations

There is no question of redistribution 

 

members with disputed land can sue the society to recover money paid with interest 

 

in alternative seek orders to direct society to give alternate land 

 

Ajay Sethi
Advocate, Mumbai
97464 Answers
7880 Consultations

Houses are constructed people living in houses. It is difficult to restore the land to previous condition. If the judgment goes in favor claimants, they will be entitled only to compensation as per government  market value , not more than that.

Ravi Shinde
Advocate, Hyderabad
4385 Answers
42 Consultations

The owners of the property under litigation only have to solve the disputes themselves with the support of the registered society.

The owners of the properties which have not been dragged into the dispute/litigation nee not give u their land neither the other owners have any rights to claim for re-distribution at this stage due to the current crisis.  

T Kalaiselvan
Advocate, Vellore
87665 Answers
2353 Consultations

1) Thanks for your appreciation 

 

2) judgments depend upon facts of each case 

 

3) just because some members title is defective does not mean court would direct redistribution 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
97464 Answers
7880 Consultations

Unable to find any precedents for redistribution of land 

Ajay Sethi
Advocate, Mumbai
97464 Answers
7880 Consultations

Redistribution of the property by society is one among the routine activities hence what precedent do you expect  for this activity. 

T Kalaiselvan
Advocate, Vellore
87665 Answers
2353 Consultations

What kind of legal precedent do you expect?

The subject what you have mentioned is about the litigation which is going on in the court.

It is also not known what type of litigation is pending  and what was the relief sought by the plaintiff.

It is also not known that what is the defensive stand taken by the defendants or whether you are one among the defendants arrayed in the suit.

You have also not mentioned whether you filed your written statement denying the allegations made against you.

Whether the society has been made as a defendant in this suit.

If it is a suit for partition or possession of the property grabbed by the society then you can look for suitable citation based on the circumstances under which you bought the property.

Your general question about the precedent  would not lead you to proper road.  

T Kalaiselvan
Advocate, Vellore
87665 Answers
2353 Consultations

Dear Sir, 

1) In such situation the trust has the responsibility to get the title of the land cleared. The members with disputed land can file suit against the society.

2) where other people have already built their houses, there can't be scope for redistribution, and courts decision shall depend on the facts of the case.

3) A legal precedent on the same cannot be quoted, unless the details/facts, status of proceedings of the case are highlighted by you.

Thank you

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

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