• Nuisance creating by original owner

Developer formed a layout in 2001 with plot size 30x40 sq.ft in a small piece of land, around 15 plots were formed. 30 ft is the length and 40ft is width. That is total layout area is 120450 sqft. This piece of land is with GPA person operated by a Developer. 
Behind each plot there is 10x40 sq.ft land is available. That is total piece of land behind the plot is 6000 Sq.ft. Behind this plot, it is a road of 30ft width.
The original owner (Karthik) has given registered GPA to person a name Krishna Kumar during 2000.
However second pieces of land 6000 Sq.ft were exclusively registered to developer (Ramesh) by GPA person Krishna Kumar.
Krishna Kumar is one of shareholders with the developer.
Both pieces of land is with developer control. Initially, the developer sold the plot to the customer with dimensions 30x40 sq.ft. Around 6 customers were purchased and got registered from GPA person during 2002. 
Later after 2-3 years, the developer sold the reminding plot with dimensions 40x40 sqft (including the behind plot) to 9 customers.
Now the vacant plots behind earlier purchase 6 sites are contention. But these 6 sites are not in sequence s. That means between these sites other sites were sold with complete dimensions 40x40 sqft.
But the layout plan approved by village panchayat those days shows each site is of dimension 40x40 sqft. We don’t have the original only a photocopy. Now the entire layout is under Bangalore Urban Municipal Corporation. Both developer (Ramesh) and GPA holder died recently in corona.
The contention is 
1.	Developer family demanding a higher price to earlier purchase owner (30x40 sq.ft) to release the vacant plot. 
2.	Original Owner (Karthik) and his children are misusing this vacant plot by dumping waste material/garbage and creating nuisance to the earlier purchase owner. 
3.	Original Owner is also claiming the rights on this vacate the land.
Question
1.	Whether any other person can buy a vacant plot of dimension 10x40 sqft.
2.	What is minimum plots size that can be allowed for registration as per urban planning in Bangalore.
3.	Whether the Original Owner has the right to claim the vacant plot. 
4.	How to stop the misuse and nuisance creating by the Original Owner. 
5.	How to proceed with developer family and Original Owner.
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

1) if waste material is being dumped on vacant plot complain to muncipal corporation 

 

2) if no action  is taken file RTI application as to what action has been taken on your complaint 

 

3) you can also file suit seek injunction restraining dumping of garbage by developer family 

 

4) obtain copy of layout sanctioned plans from muncipal corporation 

 

5) if plans sanctioned are 40 by 40 then builder cannot sell plot size of10 by 40

 

 

 

Ajay Sethi
Advocate, Mumbai
97700 Answers
7911 Consultations

1. If the owner finds a suitable buyer to put pressure on the nearby owner to buy this vacant land at exorbitant price he may create a sham sale also.

2. If the registrar refuses to register this small piece of land, the owner may create a nominal sale deed by an unregistered document, to put pressure on the adjacent owner.

3. Yes 

4. File a suit for injunction.

5. Send a legal notice.

T Kalaiselvan
Advocate, Vellore
87902 Answers
2368 Consultations

1. Yes

2. There is no such minimum ceiling if land is registrable

3. Yes if the claim is authentic

4. To approach court and corporation

 

Prashant Nayak
Advocate, Mumbai
33003 Answers
212 Consultations

Dear Sir

File a complaint with the municipal corporation about the waste being dumped on the plot.

You could ask the court for an injunction to prevent from from dumping waste.

Thank you

Anik Miu
Advocate, Bangalore
10444 Answers
121 Consultations

The BDA is not the registering authority.

The sub registrar concerned is the authority to register the proeprty as per the law or the procedures laid down for the purpose. 

You may enquire about the formalities to register this small  parcel of land from the concerned registrar's office

T Kalaiselvan
Advocate, Vellore
87902 Answers
2368 Consultations

Dear Client,

you can register your property and there are no such conditions. 

Thank you

Anik Miu
Advocate, Bangalore
10444 Answers
121 Consultations

Yes it can be registered

 

Prashant Nayak
Advocate, Mumbai
33003 Answers
212 Consultations

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