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Deccan Herald » DH Realty » Detailed Story
LEGAL ANGLE
Buy land with clear titles
By Ms VATSALA DHANANJAY
Question: I purchased DC converted site and got it registered sometime back. Now after building the house does it need to be registered again? If so will there be any problem registering as new rule doesn't permit to register DC converted sites.

Suma

Answer: No, there is no need to register the site again after you build a house. You need not do anything further for good title, except get the property assessed to tax along with the house.

Question: I have a plot under CMC close to HSR Layout which I had purchased almost five years back. When I approached recently for depositing the development charges I was informed that the charges do not have to be deposited now. What is the legal angle on this? Suppose I decide on selling the property, is there a problem in registration? I was informed that the registration of CMC has stopped. How can I sell the property in that case? Kindly advice on the same.

Arun Kumar


Answer: The development charges are not being collected now. There is also a ban on registration of sites which are not converted and which do not have BDA or BMRDA approvals. You cannot sell the property now. My advise to you is to wait and watch as developments unfold.

Question: I purchased a site near Marathahalli which is under Mahadevapura CMC in January 2004 and registered. Unfortunately I have not made the name change on Khata to my name after purchasing. Now I proposed to do that. In this connection I request you to kindly confirm whether it is possible to effect the name change in Khata and if it is possible what is the procedure.

N R Venkatraman

Answer: Some CMCs have stopped transferring khatas in some areas. You can approach the CMC and see if a holder’s khata can be issued, which is sufficient to prove in revenue records that you are the owner. The procedure is to fill up the khata application form, pay your tax dues and pay the official fees.

Question: I have booked a flat in BTM layout the builder has permission for the third floor and fourth floor is extra floor, but he assured met that he will give the khata and tax paid in my name after registration. I want to know is there is any problem for BDA or Corporation or there is any problem for resale.

Rajesh

Answer: You should not purchase anything on the fourth floor, even if you can get khata and tax paid receipts for it. It can be demolished by the Corporation at any time, although many such illegal floors exist in Bangalore. You will definitely have problems for reselling it as good title cannot be established.

Question: I purchased a Gramthana residential plot in NRI Layout in Kalkere (near by K.R Puram) and got registered in my name in September 2004. Where can I obtain Khata and will I be able to sell the same as soon as I obtain khata.

Ahmed


Answer: To obtain khata, you should approach the gram panchayat, which I presume would have approved the layout. You cannot sell the site because there is a ban on registration of gramthana sites.

Question: We are looking at getting into growing value added commercial crops like medicinal plants, vanilla etc., initially on a small scale of 2 to 3 acres. Later we want to expand. We need to buy agricultural lands for this purpose. We are from a non-agrarian family. Our annual income has been over Rs 2 lakh for quite a few years. Please advise.

Rama

Answer: If you have a major son who is still a student, you can purchase lands in his name after getting prior permission to purchase from the Assistant Commissioner. Alternatively, you should get the single window clearance for such a project.

Question: We are NRIs and buying a site in Ananthapura Layout (near Electronics City). We need to know that if this site is BMRDA approved it is enough or does it have to be BDA approved also? Is this place considered within Bangalore city limits or without?

A reader

Answer: If a layout is BMRDA approved, it is sufficient. The BDA and BMRDA jurisdictions are mutually exclusive. The place you refer to will not come under BDA limits, but Bangalore has expanded to such places.

Question: I have a plot on Sarjapur road near Bellandur, next to Ring road. I want to construct flats G+4. Previously Bellandur Gramapachayat was authorised to sanction the plan for construction now they are telling us to get the approval from BDA or BMRDA. I do not know how to proceed can you help me in this regard.

Ramani Kumar


Answer: You should get the plan approved by the BDA or if CMC has jurisdiction, you can approach them, but you will not get permission to sell more than ground plush three floors.

Question: We are planning to buy a house in Nagarbhavi 2nd Stage which is constructed in BDA site. The first allottee has lost the BDA allotment letter, but all other legal documents are present: Sale deed, khata, tax paid etc. My question is can we able to get an duplicate BDA allotment letter from BDA? She is ready to give an affidavit saving that she has lost the allotment letter and she is responsible for the pros and cons. In case of BDA site will the khata will be issued by BDA. Now the Khata she is having is CMC khata. It is right to purchase this kind of building.

Leena

Answer: You can insert a public notice that that the allotment letter is lost and another one calling for objections to the sale. You can also get an indemnity bond from the seller. A duplicate allotment letter will not have the same weight as the original. Some layouts made by the BDA are transferred to CMC for maintenance. You can purchase such a site. However, the risk of a mortgage made with the allotment letter should be ruled out.

Question: I am planning to sell my newly constructed house in Ramamurthy nagar. Currently I am living in Australia. The buyer is ready in Bangalore but he wanted me to sign the agreement and is ready to pay advance 30 per cent of the sale money. But one clause in the agreement says that I have to wait until government lifts its ban on registrations for transfers and settlements. Now the question is: When this ban is expect to be lifted and secondly what other way that I can settle this deal. Please let me know.

Narayan

Answer: If there is a corporation khata, your house can be registered immediately. The properties hit by the recent government order are those made in private layouts without conversion and without BDA or BMRDA approval. There is no clear idea when the ban will be lifted. If there is a ban on registration, you could consider receiving the full payment and executing a power of attorney to sell in favour of the purchaser or his nominee.

Question: I want to purchase a BDA site. Kindly tell me what are the procedures I should follow to acquire one.

Anirban

Answer: To get an allotment of a BDA site, you should wait till BDA forms a layout and invites applications. At present you can buy a BDA site from a person who has already been allotted one. There is no special procedure to follow.

Question: I have brought (registered and khata transferred to my name) a site three years ago in Kammanahalli (Begur Hobli,Off Bannerghatta road ) in a private layout. I have paid tax up to date. The site is DC converted and the layout is approved by village panchayat. Now I came to know that this layout is blacklisted by BDA. Can I build a house on this site now? Is there any chance that BDA can demolish this layout? I am very concerned about it. Please guide me in this regard.

Vijay Nadgir


Answer: Theoretically the BDA has powers to demolish such layouts, but has rarely done so. You can build a house after getting plan sanction from the village panchayat. The consequence of blacklisting by the BDA is that there will be a show cause notice sent to the builder to explain how the layout was made without BDA approval, and the builder has to reply to the notice, and the proceedings will continue till the file is disposed off by the BDA.

Question: As I am looking to buy a non-controversial site in Bangalore. I was advised to buy a BDA allotted site either in BSK 6th stage or Anjanapura area. I have seen an amendment from BDA that the BDA sites should not be resell allotted sites within 10years from the date of allotment. But the owners and agency people are telling that this will be applicable only for new sites. I would like to know the correct information.

A Sathyanarayana Murthy

Answer: If you are purchasing a BDA allotted site with an absolute sale deed executed in the name of the person from whom you are purchasing, it will be safe to proceed with the purchase, provided the title is clear. The rule regarding lease-cum-sale agreements will be applicable for new allotments only and is a reintroduction of a rule which had been abolished some time ago.

Question: I have a flat at peenya Dasarahalli. I bought it in the year 2001 through HSBC house loan. The apartment was constructed in the year 1995. I have no objection certificate from BDA at the time of purchase, so can I sell it now? If not please guide me how to sell the property in spite of the ban present for re-registrations.

Srinivas S

Answer: Unless it is known who has sanctioned the building plan, I will not be in a position to answer the question. I also need to know if the land on which the apartment is constructed is converted or not. You can sell the property in spite of the ban by entering into unregistered agreement of sale coupled with GPA and handing over possession.

Question: I am interested in buying an independent house near Sarjapur. The layout is approved by BDA. The site has been registered under the name of the developers but the house does not have a plan sanctioned. The developers say they can apply for site registration under my name and within two months will get the house plan sanctioned. Is there any problem buying this house? Please advise.

SB


Answer: If the titles are clear, you can proceed with the purchase. You can also purchase the site and apply for plan sanction yourself.

The author is a practising advocate specialising in real estate matters. You may e-mail your questions to us at businessdesk@deccanherald.co.in

or to the author at vatsala1@vsnl.net

Please mark your mail with “Legal Angle” in the subject line. You may also write to us at: The Editor, “Legal Angle”, Deccan Herald, No. 75, M.G.Road, Bangalore - 560 001.

Disclaimer: All the answers provided herein are of a general nature. It is advisable to get specific legal advise after furnishing detailed history of each individual case.
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