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Deccan Herald » DH Realty » Detailed Story
Legal Angle
Occupation Certificate not required for independent houses
Answer: You need not get occupation certificate for independent houses. As you have already got the house assessed to tax , you need not do so again.
 
Question: We have applied for a house in Challghatta with Shriram Properties. It is a CMC approved land with a conversion certificate from agricultural to non-agricultural land. There are some 500 flats coming up as part of the scheme on a 11 acre land. The houses have stilts plus ground floor plus three floors. Stilts is for parking.The project started in April/May this year and would get over in May 2007. Should we go ahead with this deal? Or will there be any problem from the government side in the future?

Aparna

Answer:
It looks alright, but you should get a certificate of good and marketable title from an advocate of your choice before proceeding.


Question: I have recently completed the construction of an independent house in Malleswaram, with the sanctioned plan by the corporation. I have moved into the house, and started paying EMI. Should I get the completion certificate from the corporation? I was told that, it is not mandatory for independent houses. Secondly, I have already paid the house tax for the entire year. Should I get it revised now ( if so, how ) or get it done during April 2006 ?

Srinivas

Answer:
You need not get occupation certificate for independent houses. As you have already got the house assessed to tax , you need not do so again.

Question: I am an engineer working in Bangalore in a private company and recently got married to a girl (Indian) who has settled in Australia since 12 years and she is an Australian citizen. After marriage she left for Australia and I am waiting for my visa. Now I am planning to buy an agriculture land near Bangalore (Near Hessargatta).

I am not from a agriculture family. My father-in-law is having land in his name (within Karnataka) and also my wife’s sister is having farm land. If they gift me some acre of land can I buy the above said agriculture land (near Banglalore) as I get the ‘panni’ in my name or is it possible if they gift the land to their daughter so that she can buy the land.

My second question is, is there any risk of buying a BIAPPA approved site and is there any website which gives me BIAPPA approved layouts.

Nagendra

Answer:
Your wife can get some agricultural land as gift from her parents and she can then get a pahani in her name. However the family income should be less than 2 lakhs per annum and her parents should have been agriculturists from 1974.

Regarding BIAPPA approval, there is a web site where you can check the approvals but you should also get the title to the site verified by a lawyer.

Question: Our parents had three properties, two houses and one site. We are two sisters and one brother. The property was divided between us so that we got one property each through a court order. Based on this we also have khata in our name and are paying the property taxes. We have one common court order and three individual parent documents. If each one of us wants to sell our property, can we do this with a xerox copy of the court order and original parent document?

Vivekanand

Answer:
You can get certified copies of the order from the court. This coupled with the parent and other title documents should suffice.

Question: I have booked a 3BR flat under construction with a builder in the CMC limits. The builder is constructing about eight flats, two each in G+3 floors as per the sanctioned plan. The builder has utilised the entire plot space to construct the apartment. He has left some 4-5 ft on the left side of the building and some 3 ft towards the rear side. Towards the front portion of the building, he has left about two feet, upon which the balconies are jetting out. I suspect that he has violated the set-back rules, especially towards the front portion of the building, where my flat is positioned. When queried the builder says the total violation/deviation from the original plan would be about 30-35 per cent. I also feel that the builder has violated the FAR as he has utilised almost the entire plot space and put up G+3 floors. As per the plan sanctioned, the built up area of the apartment that I have booked comes to around 850 sq ft, whereas the actual construction is about 1400 sq ft. In fact, in the sanctioned plan the drawing shows only one bedroom, while he has constructed three bedrooms. I have availed a housing loan and made part payment of about 60 per cent of the total cost. The builder may take another three months to finish the apartment. He says he will get an assessment done of the deviations and also get an occupancy certificate.

Does getting an occupancy certificate meant that the deviations are regularised? Should I go ahead and complete the transaction by registering the property despite these deviations or should I drop it after taking back the advance that I have made to the builder?

Vishwa

Answer:
It will be difficult to get the occupation certificate with 35 per cent deviation from sanctioned plan, which has been admitted by the builder. Such certificates are obtainable only when deviations are less than 5 per cent. In the event you decide to proceed with the property, you should be prepared to face the possible threat of demolition in the future for the deviated portions. If you wish to do so, you are advised to demand from the builder for the khata of the individual flat and get an indemnity for future loss on account of such deviations.

Question: I have purchased a site with Reliaable Tranquil which is claimed it to be BDA approved and its been almost 8 months since the site has got registered in my name and we have not got the khata yet. Every time we speak to them they give some excuse. Is this a valid BDA approved layout? If so, they are saying even though it is BDA approved for House Construction approval, we should get from the concerned Panchayat office. How far is this true?

Kishore

Answer:
Yes, the layout has got BDA approval. You should approach the Panchayat for plan sanction of house. Regarding the Khata, there should be no legal impediment to transfer the same in your name. You could approach a lawyer who will get it for you and bypass the developer.

Question: I have purchased a site in a layout formed by Karnataka D Group Employee’s Society at Sreegandadakaval, Sunkadakatte. The registration was completed and I have received possession certificate also from the society. Now I want to take katha certificate, whether the department is issuing the katha or when the same will be issued. Alternatively, if I want to sell the site now, registration will took place or not.

K V Balaji

Answer: If the layout in made on converted land with proper approval from BDA, and if the sanctioned plan has been adhered to when forming the layout, the khata will be issued. You can sell the site after getting the khata. All properties can be registered now.

Question: I have purchased an apartment at Bangalore recently from a builder. It is bought under a bank loan and I am paying EMI for it. The sale deed has been registered at Mahadevapura CMC and I have physically taken over the apartment. The sale deed copy is with the bank. What other papers are required to be in my possession? How do I pay the property tax? The builder has still not provided the electricity connection and says he has made an application - how can I verify this? Can I get some information from the CMC if I provide the survey number to them?

Amit

Answer:
You need the Khata in your name for the apartment. Apart from this you need to pay the property tax regularly to the concerned office either for the full year or every half year. I do not know which authority has sanctioned the plan. If it is the CMC, no useful purpose will be achieved by enquiry with them. You can go to the consumer court if the builder has handed over possession without electricity connection.

Question: We purchased a flat in Vijay Nagar in December 2004. The apartment is having basement+ 3 floors. Our flat is in the first floor. The apartment is constructed on a BDA approved site. So while purchasing Flat, we checked all legal documents and found them correct apart from completion certificate of building. Our builder told us he will get CC within couple of months and then we will be able to pay tax to BMP. But later we came to know that the 3rd floor which he has constructed is illegal. He has permission only Basement+2. So it is difficult for him to get CC for building. He is avoiding us and not giving exact date for the same. If BMP comes to know about this and put fine then who will be responsible? Please guide me on this issue.

Raghavendra

Answer:
As your flat is on the first floor, it is by and large safe. The illegal third floor could be demolished. However, these matters are known to end up in court and prolong for several years. The government is proposing to increase the permissible deviations and if such a proposal becomes law, you could get the same regularised on payment of compounding fee.



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 1.vatsala@gmail.com



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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