Deccan Herald, Friday, October 15, 2004


Today's 
Supplement

 

Living
She
Open Sesame
DH Realty

 
Today's Edition
Front Page
 



Deccan Herald Now Available Globally
in Print Format



News

National
State
District
City
Business
Foreign
Sports
Edit Page
 
Supplements
Economy & Business
Metro Life - Mon
Science & Technology
Spectrum
Consumer Bytes
Cyber Space
DH Avenues
Metro Life - Thurs
Sportscene
DH Education
Living
She
Open Sesame
DH Realty
Metro Life - Sat
Sunday Herald
Sunday Spotlight 
Foreign Panorama
Fine Arts/Culture
Articulations
Entertainment
 


Advertisements


Diwali Gifts Flowers Delivery Bangalore, India, Singapore, Hong Kong, Japan, Germany, USA, UK, Canada, Spain, Worldwide


Deccan 
International School


Gifts, Flowers to India Bangalore, Mumbai, TN, Delhi, Kerala, Gujarat, Pune, WB, UP, AP, Goa, Punjab & South India

Shaadi Matrimonials

Real Estate Properties in Bangalore

Reviews

Book Reviews
Movie Reviews
Art Reviews

Horoscope

Weekly Horoscope
Year's Horoscope

Previous Editions

Yesterday's Edition
Archives

Others

DH Classifieds
Between the lines- Kuldip Nayar
Weather
About Us

Advertisement Details
Subscribe to Deccan Herald

Send your Suggestions / Queries about the Website to the
Webmaster


For enquiries on advertisements & responses : 
Contact Us
Comment on this article
View Others' Comments

Other Headlines

Where have all the sidewalks gone? »
Get layout plan approved »
All about dividing family property »
Managing unorganised labourers thru labournet »
Deccan Herald » DH Realty » Full Story

LEGAL ANGLE

Get layout plan approved



I am buying a site in a BDA approved layout. Many of the people who have registered their site from this layout from as long as 1 year ago are still waiting for the Khata to be changed into their name.
The developer says that they have to register the 50 per cent open space with BDA and make a deed. He said very soon after that the Khatas of all the sites would be handed over to the respective owners of the site. All the documents of the layout is clear. Except that they are still waiting for Khata change? Is this OK and can I go ahead with buying the site?
— Austin
Answer: As long as the title is clear, you can proceed with the purchase. The promoter must agree to arrange for the katha transfer within a particular time failing which you should be given an option to move the consumer forum if necessary.

I wanted to know what is the maximum number of persons (without blood relation) on whose name land registration can be done jointly and how? What are the complications in such a registration?
— Srinidhi
Answer: There is no limit to the number of persons who can purchase a property jointly. However, it may not be practical for a large number of people to purchase a small plot, as it cannot be suitably divided if differences arise between them.

I am planning to buy an apartment in the Whitefield area in Bangalore. When I contact many builders they claim that they have no objection certificate (NOC) from BDA, and approval from grama panchayat. (They say panchayath can issue approval since the area is outside BDA limits). Is this true? Is it safe to buy an apartment in such buildings? If there is a risk factor involved could you please tell me what is the worst case scenario?
— Jose Mathew
Answer: You must check if the property is outside the BDA’s jurisdiction. If it is, then it is advisable to get a BMRDA plan approved. If it is within the BDA jurisdiction, the plan approval should be done by the CMC for ground plus three floors and by the BDA for larger buildings.

I am looking at a property (land) that is DC converted - but has no approvals for the layout from any governing body such as BMRDA or BDA. Most of the sites in the layout are already sold out. I would like to understand the potential risks associated with purchasing the said property?
— Param
Answer: The layout plan should be approved by theBDA or the BMRDA. In the absence of this you could face Khata transfer and plan sanction problems. The BDA has a right to demolish the developmental works and restore the land to status quo ante, but no action has been taken by the BDA in this regard. The title to the site itself should be fairly safe (if documents are clear) but the development is unauthorised.

I am looking for a house to purchase and have explored Gurgaon (near Delhi) for the same. The flat which is within my budget is in a registered society in Sec 56. The flat is on resale and is on Power of Attorney (PoA) basis. I need your guidence and request you to please give me the insight on the precautions which I should take when deal is on PoA basis. What all documents I should check for and how safe it is legally? Would banks provide the loan if its on PoA basis? It would be deeply appreciated if you can guide me through it!
— Manish Sinha
Answer: The property you seek to purchase is near New Delhi. If there are separate enactments governing the purchase and sale of flats there, it should be looked into. The general precautions when purchasing a property held by a power of attorney holder are 1) Always try and contact the registered owner and get written confirmation that the power of attorney has not been revoked. 2) If the power of attorney is registered, ascertain whether consideration has been paid and procure the agreement of sale or receipt of payment. 3) If consideration is being paid to the power of attorney holder by you on behalf of the owner, it should always be reflected in the sale deed. 4) A paper notice should be inserted of your intention to purchase the property to make sure that no other agreements have been executed by the power of attorney holder. You are also advised to check if all the other documents of title are in order and do all the other normal due diligence checks.

I have bought a plot at KR Puram. It is a part of a layout which has been approved by CMC (as per the builder). After the recent notice from BDA we approached the builder asking for clarifications. We were later told that this layout is exempt from BDA approval since it is less than 5 acres in area. Is this a valid assumption? Also our layout does not have 50 per cent open space as required under BDA norms.
— Sudipto
Answer: BDA is the proper authority for sanctioning all layouts. All layouts approved by BDA has to adhere to the open areas and amenities as per BDA norms. Other layouts do not adhere to such stringent requirements. There is no rule that says that BDA can approve only layouts formed on 5 or more acres of land.

I have purchased a site within KR Puram CMC limits in a Layout approved by CMC. Is it true that BDA can/will issue Khata/House Plan sanction for a site of more than 4000 sq ft located within the CMC Approved layout?
Answer: The BDA will issue plan sanction only for layouts which have been approved by the BDA. The plot size does not determine whether BDA will grant approval or not.

I am living in Dubai. I have given advance for a plot which is under development. It is a joint development between the real estate company and the owner. Now, one of the relative of the owner filed a case demanding some share and the case is in court. As many people, who paid money, approached real estate people for registration. Real estate and owners are ready to give GPA (General Power of Attorney) registration. Can I construct house in that plot with GPA? Can I sell the plot? What is the difference between GPA registration and normal registration? I am very thankful if you can help me in this regard.
— Ravi
Answer: You have to ascertain if there is a stay order from the court prohibiting the alienation of the property. If a GPA is registered in your name, it can sometimes be revoked by the owner. Your title is also only as valid as those of the person selling it to you. If the Vendorís title is defective, you cannot get a better title than him. You are advised to wait till the matter is decided by the court. Till then it will be unwise to take any further steps in the matter. Any adverse result in the suit will land you in further trouble. If you insist on proceeding, you can take possession of the plot (provided there is no stay order) and hold it in part performance of the contract. You can build a house and sell the same provided the GPA authorises you to do so and as long as the original owner is alive. It is open to a power of attorney holder to register a document provided the power also is registered. Instead of the owner himself registering the document his agent (POA) carries out the registration.

One person has absolute title of agricultural land measuring 4 acres 2 guntas in Bytarayanapura CMC limits. He has given GPA to a developer represented by its partners. He has got approval for conversion of the agricultural land for residential purpose by Special Deputy Commissioner. Afterwards, the developers have formed about 100 sites. They obtained Katha from CMC Bytarayanapura for each site separately (which is in the name of the original owner).
In this regard I would request your opinion on whether it is safe to purchase these sites. Also, I would appreciate if you could let me know what other things should I verify from the developer so that I will not get into trouble/litigation in future if I buy the site?
— Ramaprasad.
Answer: You are advised to verify whether the layout plan has been sanctioned by the appropriate authority. Any sanctioned plan must have a seal, the date of sanction and the signature of the authority granting the sanction. All the title deeds must be chronologically gathered and scrutinized.
The mere representation of the developer is not enough. Independently of his representation the matter has to be scrutinised preferably with the help of an advocate. If the advocate clears the title Ramaprasad can proceed further.

I own a BDA site at HBR layout (converted to CMC Property) to build my dream house. Since, I do not have absolutely any knowledge about building construction so, I am planning to appoint Architect/Civil Engineer. So, I hereby request you to advise me with pre-caution (General & legal Process) to be taken before appointing them and also please answer the following queries: -
1. How do, I identity a right architect/civil engineer/contractor capabilities?
2. How do, I get the plan sanctioned? What are the legal formalities required?
3. What precautions. should I, take before offering a contract to build a house?
4. How will I, trace whether right material & workmanship is used for contraction?
— Sayed
Answer: You may make enquiries about the competence, the background, experience and related factors of the architect or civil engineer to be appointed. After this is done, an agreement can be entered into between you and the architect or the civil engineer defining the rights and liabilities of the parties to the agreement. The agreement can also provide usual clause for resolving the disputes if any. The Plan sanction is also undertaken by many architects.

I have a problem which I hope you will be able to solve. My parents are staying away from me in a rented house. I have a two floor house in my name at Bangalore. I am staying in the first floor and the ground floor in rented. Now I will be going out of country for a long time leaving behind my wife and my parents. I may take my wife after some time. Now my problem is, I am afraid that my parents or my wife will not look after my house properly & maintain it. I also doubt that they will not save anything from the rents I earn from the rented house. Now my question is can I give a General Power of Attorney to one of my closest friends whom I trust a lot, to look after the property dealings like collecting the rents, paying taxes and if necessary has the right to sell the property on my behalf so that the proceeds are invested to purchase a better property after sometime.
— Annonymous
Answer: As you are not prepared to trust either your parents or your wife, you can choose a reliable friend to whom he can give a registered General Power of Attorney defining the rights and liabilities of the grantor and the grantee.
Here again it may be safer to restrict the period of power initially for about 3 years without power of sale. Thereafter you can review the same. You can extend the power if you are satisfied in the performance of the grantee or cancel the same. It is also better to provide a remuneration for the grantee so that he should consider it worthwhile to take up the job.

The author is a practising real estate advocate. You may e-mail your questions to us at businessdesk@deccanherald.co.in or to the author at dhananj@giasbg01.vsnl.net.in
Please mark your mail with “Legal Angle” in the subject line.

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.

Copyright 2004, The Printers (Mysore) Private Ltd., 75, M.G. Road, Post Box No 5331, Bangalore - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523