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LEGAL ANGLE

Check with BDA for legal status of the layouts

By Ms Vatsala Dhananjay

Question: I am currently looking to purchase a CMC site which has all papers in place including original BDA approval and Khata in the name of the seller obtained prior to May 2003. Although the site can be registered immediately as it has BDA approval, yet I have been told by certain people that I cannot get the khata transferred to my name as CMC has stopped issuing Khata and hence cannot obtain building plan sanction also. Could you please clarify?

Selvam

Answer: If the original layout has been approved by the BDA and then handed over to CMC for maintenance, you will have absolutely no problem in getting the Khata transferred to your name. If the layout does not have BDA approval you will not be able to register the site in your name at all. Hence transferring the Khata in your name will not arise.

Question: I have a site at BTM layout 4th stage. We are planning to construct a house next year. Is there any problem to start construction newly or get our plans approved in that area. We are also not sure as to which governing body has approved this layout. Almost all the houses have been built in this layout.

Vinu

Answer: If you have a khata issued by the Corporation, you will have no problem in getting plan approval. If the khata is issued by the CMC you may have problems in getting a plan approval, depending on whether the layout is approved or not by the proper authority.

Question: We (along with my friend) planned to buy a BDA land from a seller. What legal documents we have to look from the seller? The broker informed that the seller does not have “Khata certificate”. We got the other papers. Also we want to know the other formalities.

Saran

Answer: Please verify if the original sale deed executed by the BDA is genuine or not. If it is, you can ask the seller to get the Khata certificate, prior to which the seller will be asked to pay up to date taxes. The other documents are possession certificate, allotment letter , up to date encumbrance certificate and inspection of originals to rule out mortgages.

Question: We have bought a plot in Judicial Layout last year, which comes under Yelahanka CMC. We got the property registered, paid tax and got the Khata in our name. Now this layout has been declared as unauthorised layout from BDA. When we contacted the society members they told that they had applied for BDA approval but failed to get the same due to some issues. Now my question is with the new rule in place, will I be able to sell the property? If not can I construct the house in the same? We have all the documents like mother deed, sale deed(for all previous sales), tax paid receipts etc. We did take lawyer's advice before buying this. Can BDA be able to acquire this property any time?

Vasantha Bhat

Answer: The judicial officers layout does not have BDA approval and hence is hit by the recent government notification and cannot presently be registered. There is no danger of BDA acquiring the property. Some portions of the property is also under litigation. At the moment is will not be possible to get a bank loan, but you can construct a house if you already have Khata.

Question: I bought a site from a second buyer. I got it registered in my name in 2003 November itself. But i did not get the Khata. I have the Khata of the seller and all tax paid receipts from CMC Bommanahalli. Now I want to construct the house, but heard that I need Khata for that. When my lawyer approached CMC Bommanahalli he was told that Khata can not be transferred due to the government order. Please let me know the option for me so that I can start constructing the house and apply for housing loan.

Manoj K V

Answer: In order to get housing loan, you should get the Khata first. If the layout has not been approved by the proper authorities, you will not be able to get the Khata. You can approach the courts and file a writ praying for directions to the CMC to issue khata to you. The reasons for not getting the Khata should also be known.

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: There is no ban on issue of Khatas for gramthana site in village panchayat areas. If it is a CMC area, you might face khata problems. Please verify who is the issuing authority and approach them. You will be not be able to sell the site till the ban on registrations are relaxed.

Question: I have seen a site near outer ring road. It comes under panchayat. The owner says it is not DC converted and not approved layout. But he is selling by putting many plots. I will not get any loan for buying the land, but will get loan for constructing house over there. Secondly he told me that now the registration is stopped by the government at present. He asked me to pay 50 per cent money now, so that he will allot the plot for me and pay the remaining 50 per cent at the time of registration.I am totally confused whether I can go for this option?

Prakash

Answer: You are advised not to pay any money now to purchase this site. It is risky because nobody knows when the ban on registration will be lifted or not. Even if is, you are purchasing a property which has not been converted and which has no proper approvals. At present you will not get loans for construction also.

Question: I am looking to buy an apartment near Tippasandra with car park on ground floor and 2 units (apartments) on each floor. The builder told me that he is going to build four floors (8 units in all) though it is legal to build only 3 floors. What is the risk if I book a unit on any floor other than the fourth? Would “all” apartment owners be liable in case of a legal action by civic agencies?

Madhusudan

Answer: You may purchase apartment on the first three floors. The authorities can take action only against the illegal fourth floor and not the entire building. Action can be against the builder and the owners of the fourth floor alone and not on all apartment owners.

Question: I’m staying in a rented house for the past four years. I want to know the acceptable period between consecutive rental increase by the owner. Where can I find rules and regulations relating to the rental act.

Dominic

Answer: There is no prescribed period for enhancement in rent if your property has a standard rent of more than Rs 3000 per month in Bangalore or if the property is less than 15 years old. The market practice is to enhance the rent every year by 5 to 10 per cent. You may get the rent control act in any legal book shop in Bangalore.

Question: I am interested in buying a farm land in kanakapura Road. I would like to know whether I am eligible to buy farm land. I am a practicing engineer and not a farmer. Even though my great grandparents had land used for farming, I do not have any proof of the same.

Janardhan

Answer: It will not be possible for your to purchase farm land unless you get permission to purchase it from the Assistant Commissioner. Alternatively you can purchase it after conversion.

Question: Is it possible to have a BDA approval document as well as the sanctioned plan with the builder but the same approval is not there in the BDA records. Please help me by giving this information. My builder had given me the photocopy of the BDA approval but my lawyer says that it is not there in the BDA records. I am really confused whether to go with the deal or not.

Richa Sekhar

Answer: It is unusual to have a fake BDA sanctioned plan. You can visit the BDA office one more time to get the proper information. If the approval is not genuine, you should not proceed.

Question: I would like to transfer my property apartment in my brother’s name. Currently I live in United States. Is it possible to send GPA Deed to make it official and what is the GPA format I need to present to the transfer on my brother’s name.

Satya

Answer: You have to send a power of attorney duly attested by a notary public in the USA. The same has to be adjudicated (stamped with local stamp) after it reaches India. Using this power of attorney, the person whom you authorise should go along with your brother to the sub-registrar’s office and get the sale deed or gift deed executed which will transfer the property to your brother.



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.