Case law, Tamil Nadu land law
Appeal No.44 of 2022 and M.A.Nos. 8 and 127 of 2023
The Tamil Nadu Real Estate Appellate Tribunal issued Appeal No.44 of 2022 and M.A.Nos. 8 and 127 of 2023 on 7 August 2023 in a dispute between M/s. Serene Kshetra Owner's Association and the project owner, developer and senior care service provider. The Tribunal found that neither the Tamil Nadu Real Estate Regulatory Authority nor the Tribunal could order cancellation of the three registered sale deeds, and that the association had not established that villa allottees had rights over the Common Amenities Area.
What the case concerns
The Tamil Nadu Real Estate Appellate Tribunal considered an appeal by M/s. Serene Kshetra Owner's Association against the Tamil Nadu Real Estate Regulatory Authority's dismissal of its complaint on 22 August 2022. The dispute concerns the Serene Kshetra integrated senior citizens' residential project in Valluvapakkam and Nathapettai village limits, Wallajabad Taluk, Kancheepuram District.
The project documents described 400 villas and a separate Common Amenities Area used to provide senior care services. The services included catering, housekeeping and preventive maintenance, supportive health care, security, concierge services and property management.
What the owners' association requested
M/s. Serene Kshetra Owner's Association claimed that land covered by three registered sale deeds formed part of the undivided share sold to villa allottees. It requested directions requiring:
- Cancellation of two sale deeds dated 27 July 2017 and one sale deed dated 14 December 2017.
- Transfer of the disputed property to the association.
- Handover of the Common Amenities Area and the service amenities located there.
Tribunal's findings
The Tamil Nadu Real Estate Appellate Tribunal made the following findings:
- Cancellation of a completed sale deed cannot be ordered by the Tamil Nadu Real Estate Regulatory Authority or the Real Estate Appellate Tribunal under the Real Estate (Regulation and Development) Act, 2016.
- A party seeking cancellation of a sale deed must approach a competent civil court and obtain a cancellation decree on a valid ground.
- Of the owner's total 15.79 acres, 9.81 acres was allocated for construction of the 400 villas.
- The association did not establish that the Common Amenities Area was within the villa project area or that villa allottees held an undivided share in it.
- The service agreements signed by allottees stated that the Common Amenities Area belonged exclusively to M/s. Serene Senior Care Private Limited for providing senior care services.
- M/s. Serene Senior Care Private Limited purchased the Common Amenities Area for consideration through three registered sale deeds. M/s. Columbia Pacific Communities Private Limited later acquired that company and its assets and liabilities.
Who may be affected
The findings directly concern Serene Kshetra villa owners, their association, the project owner, the developer and the senior care service provider. They are also relevant to buyers considering claims over amenity land because the Tribunal examined the construction, sale and service agreements when deciding whether allottees had established rights in that land.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can the Tamil Nadu Real Estate Regulatory Authority cancel these registered sale deeds?
No. The Tamil Nadu Real Estate Appellate Tribunal found that neither the regulatory authority nor the appellate tribunal had jurisdiction to grant cancellation of the three sale deeds.
Where can the owners seek cancellation of the sale deeds?
The Tribunal stated that cancellation of a completed sale deed must be sought through a competent civil court by obtaining a cancellation decree on a valid ground.
Did the Tribunal find that villa owners had an undivided share in the Common Amenities Area?
No. The Tribunal found that the association failed to establish that the Common Amenities Area was part of the villa project area or that allottees had an undivided share in it.
What services were provided from the Common Amenities Area?
The service agreement listed catering, housekeeping and preventive maintenance, supportive health care, security, concierge services and property management. The area also included facilities such as staff housing, a club house, an amenities building and a services block.
