Dear Madam,
I have applied for a plot through a housing cooperative society. Below are the inputs we got from the society on the various stages involved.

1. Conversion of land from agricultural to non agricultural (DC approval).
2. Layout approval from the respective development authority.
3. Allotment to each of the individuals applied for the same.

What are the various documents that we will need to verify at different stages of this project prior to the allotment?

Megha

Dear Megha,

You should find out who is sanctioning the layout plan. The actual layout should be in conformity to the sanctioned plan.

The memorandum and byelaws should be scrutinised. You should find out how the society got the land – is it purchased or has it been acquired on its behalf by the state government? Generally speaking, housing co-operative societies have gone out of favour because of malpractices in the past. The documents required are the same as other layouts and it should all be verified before payment of advance.

Dear Madam,

I bought a house in Ejipura (CMC area) three years back with a bank loan and am paying the EMI without default. The house had been given for rent and I am staying in another place paying rent.

I had sent notice for it to be vacated but he gave the possession to a local person. Now the local person claims the title of the property. I have khata and am paying tax also for the aforementioned property. The local person’s grandmother owned this property 20 years back.

I bought the property after two subsequent registrations by other owners. The aforementioned grandmother did not own this property by ancestry. She also bought this land under a legal  registration 22 years back.
They have registered a case against me claiming title of the property. Do they legally have any right on this property?

Radhakrishnan

Dear Radhakrishnan,

All the details of the case should be looked into before coming to any conclusion. When a matter is sub judice it will not be proper to comment on it. You should immediately file your reply in court. You have to await the decision of the court.

Dear Madam,

I own an apartment. The plan approval is for 50 units and consists of ground + 4 floors. Our association has not yet been registered as the builder has not initiated its formation and subsequent handing over of the original documents.

Now, the builder has plans to construct an apartment/penthouse (51st unit). All the actions have been done without giving proper information, either written or verbal, to the present association. All the builder claims is that he has only sold the apartments and has absolute rights to the terrace and he can use the space however he pleases.

In this scenario please clarify:

a) Does the builder have full rights over the terrace?
b) Can he build penthouses/apartments on the terrace getting fresh plan approval?
c) Can the above activity be stopped by the association (which has not been registered but has the financial control)?
d) Can a few owners stall the proceedings legally? 

C N Mauras Anthony

Dear C N Mauras Anthony,

If the law is amended and increased FAR is subsequently allowed, then the builders normally reserve a right to construct additional floors. In your case you should see if this is the case or not. In any case the builder simply cannot construct any additional area without proper plan sanction.

If it is illegal, you can immediately get an injunction to stop it, even though the association is not registered.You can always stall the construction by going to court and getting a stay order pending disposal of the case.

Dear Madam,

I am a Korean citizen. Could I purchase land in India, specially in Gurhaon area? Which agency could assist me? What is the interest rate for such a purchase? Is there any risk involving such purchase for foreigners? Which part of India will pose an attractive and correspondingly safe investment for me?  What is the procedure for establishing a hotel in Delhi/NCR?

Shaun

Dear Shaun,

It is not clear if you are a resident of India or not. For purchase of property in India which involves transfer of funds from abroad, you have to go through the RBI. The details of whether you can go through the automatic route or not, will have to be worked out with the help of an auditor.

There are also certain norms for projects begun by foreign companies (as opposed to individuals or partnership firms) regarding the size, repatriation, whether it is residential or not, etc. Therefore you are advised to consult an auditor dealing with these matters for more clarity.

Dear Madam,

I have purchased a BMRDA plot in Bannerghatta Road of size 30x40.
The registration is done  in Anekal district. What are the documents I need to collect from the developer?
As I am buying the plot for the first time, I don’t know the total list of documents I need to have for future sale or construction.

Arun Kumar P

Dear Arun Kumar P,

You should keep photocopies of all parent documents which you have used to get the legal opinion prior to purchase. In addition, you should keep the original sale deed (in case it has not been mortgaged) and the Khata and tax paid receipts.

Dear Madam,

My friend’s father is retired and not in a position to take any kind of responsibilities.

1}  He has a site in Jalahalli area which recently came under corporation limit, for which he  has not paid tax and there is no khata also. Now my friend is thinking of selling it but as her father’s condition is not good and since the house is in his name,

a) How to sell it?
b) How to get the khata?
c) Is there any easy way to transfer the property to the daughter’s name?
2} He has a house where they are staying now that is also in his name only. How should my friend and her only sister get the ownership of the property?
He is under medication for stress and depression so they can’t talk about any matters without harming his normal life. What can they do?

Pradeep

Dear Pradeep,

If a person is not mentally sound, he is not capable of entering into a contract and a guardian from the court is appointed, on moving the court. In your case, if the father is not falling under that category, it will be better to get a notarised power of attorney made whereby the father gives the authority to the daughter to sell the property, make khata, administer it, pay taxes, etc.

If even this is not possible, the status quo will remain till his death, on which event, all legal heirs will inherit equally. In this situation, you are advised to guide your friend to be vigilant about trespassers on the vacant site and to visit it regularly to put up a board about her father’s ownership on the site.

Dear Madam,

My father-in-law possesses a site in ITI Malathhalli layout. Now this layout has been declared illegal by BDA. When we contacted the society members they said the BDA had given a NOC to the society but had no clue as to why it had been declared illegal.They have already written to BDA. Can my husband buy the site from my father-in-law and can he construct a house there? Can BDA acquire this property at any time? How can we proceed?

Deepika

Dear Deepika,

You are advised to find out the reasons for the declaration as illegal by the BDA. Normally it is because the layout has not followed sanctioned plan or because there have been developmental lapses in DC conversion or layout being formed with village panchayat approvals, zoning violations, etc. Although this does not mean that BDA will acquire the property, you are advised to get legal opinion with the documents to understand the situation.

Dear Madam,

I have brought and registered in my name a site one and half years back (January 2005) in Kammanahalli (Begur Hobli, off Bannerghatta road) in a private layout, approved by Grama Panchayat layout formed in 1992. Tax was paid till January 2005.

 Some builders are forcing us to sell the site. The layout has 50 sites, of which the builder has already bought 20. I then approached a lawyer and filed a case against them and we now have a interim order in my favour and the firm order is awaited.

The builder is forcing us to sell at a lesser than market value. Please let me know how to proceed, whom to approach,etc? Can I build a house on this site now?  The grama panchayat head and the local police are asking us to compromise, since they are favouring the builder.

Lakshmi

Dear Lakshmi,

As the matter is in court, you have to await the final decision of the court. It will not be proper to take any steps before that.

The author is a practising advocate specialising in real estate matters. You may e-mail your questions to 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, 75, MG Road, Bangalore - 560001.Disclaimer: All the answers provided herein are of a general nature. It is advisable to get specific legal advice after furnishing detailed history of each individual case.