Dear Madam,
We would like to purchase a site on Bidadi road from Sai Sree Nidhi Projects builders. Currently, they have 3 projects of which they say one has got BMICPA/BMRDA approval but the layout plan is yet to be ready. Another project is DC converted and has panchayat approval and the third has panchayat approval. They even say they can get bank loan for the approved sites. Kindly advise if it is safe to buy this kind of a site from builders. Also, what are the documents we need to ask them for and verify before purchasing this land? K V Soubhagyalakshmi

Dear K V Soubhagyalakshmi,
Unless the layout plan is ready, duly approved by BMRDA with NOC from BMICPA wherever relevant, it will be premature to purchase it. You should also get the release certificate before the banks fund the same.

Dear Madam,
My wife owns a 2-bedroom flat in VijayaBank Layout, Bannerghatta Road, which comes under CMC Bommanhalli/Bilekahalli. The flat is actually a penthouse as it is on the rooftop.  Now, as per the sanction plan and CMC rules, the building should be G+3 floors. The builder contends that since he has put a ground level parking, he is counting ‘G’ floor as 1st floor and hence, the penthouse is legal. However, the penthouse is not mentioned in the plan. The registration was done smoothly at Koramangala BDA complex.  The builder is also promising to get khata within a few days (Another penthouse owner next door has already got his khata.) Also, he says he has applied for a ‘NOC’ from CMC Bommanhalli. 
A neighbour advised us to get an ‘Occupation Certificate’ from the builder, but the latter says that since he has not applied for a ‘Commencement Certificate’ in the beginning of the project, he will not be getting any Occupation certificate now.
My question is, under these circumstances, can I be totally relieved with the documents we have now or should we sell my flat?
Also, if the area is turned over from CMC to BMP after few years, will there be any legal issues/hassles?
I am very worried after reading newspaper reports of demolitions in Koramangala, Basavanagudi, etc. Please advise.
Raghavan M S

Dear Raghavan M S,
If the floor concerned, is not shown in the plan, it should be regularised under the Sakrama scheme. If three floors are shown, then the parking area will not be counted and the first floor can be deemed to be the ground floor.

Dear Madam,
Sixty-three years back, a person had mortgaged, for one year, a piece of agricultural land by a registered deed. Within one year, unable to pay up, he gave up his rights and title by issuing an endorsement which was not a registered deed. Can this person or his descendants claim back the land? What is the time limitation to claim back?
Dr Nagabhushan

Dear Dr Nagabhushan
No, the person who had mortgaged the property (or his descendants) cannot claim the property as it is barred by limitation.

Dear Madam,
I am a regular reader of your column. It is very informative and the clarity of your description is outstanding. I have a question regarding my house plan approval.
We are planning to renovate the old house and also extend one more floor. (Ground + 1 floor) The approval of plan requires a sale deed.
Ours is an ancestral property. My father bought this land in 1941. We have
1)  Site allotment letter
2)  Khata transferred to my name
3)  Tax paid receipts till date
Is there a sale deed for such old allotments? How should we go ahead with the new plan approval if there is no sale deed made?
K K R

Dear K K R,
Your title is perfected because you have been in possession for a long time. It is not clear who allotted the property to you. However, the documents you have along with supporting documents like family tree, death certificate, will, affidavits, title opinion from a lawyer, etc, should suffice to get the house plan approved.

Dear Madam,
My father  is 90 years old and draws a good pension, has enough savings and has no liability at all. In 1975-76, we purchased a flat in Bombay, registered solely in my single name. My father paid  85% (shown in his Income Tax returns records) and I paid 15% (through cheque payment directly to the builder). After the purchase, he also got a letter/document signed by me indicating that at any time he wished, he would get the property transferred to his name, since he considered himself as the real owner and me just a benami. From 1985 the flat remained unoccupied, since I moved into another house and he also shifted to a bigger house.
In 1992, he got it transferred to his name without paying me anything. In 2006, he sold the flat at more than 200 times the original price paid, but now wants to pay me only 10% of the sale price. I am requesting him to pay me minimum 25% of his sale price. I am not interested in claiming everything but he is very adamant because I think he wants to help his sisters and brother.
1. Can I claim his transfer in 1992 without paying me any compensation to be illegal and approach the court?
2. Can I claim that since I was the benami owner in 1975 , he had no right to bully me and transfer to his name in 1992 ( mind you, I contributed 15%)?
3. Can I claim my share based on his current sale price, since he did not pay me anything against my contribution in 1992, when he got it transferred?
4. Subsequent to the sale, he gifted me few lakhs and claims that to be part of the compensation for my contribution in 1975 .
I am retired now and desperately need the money to pay the fees of my child studying in USA.
Krish

Dear Krish,
You have lost your rights as it is barred by limitation. If it had not been, you would have had a strong case and could have claimed your rights.

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.