Dear Madam,

I have recently purchased a 30x40 BDA site. I need to apply for khata transfer. Do I need to submit the original old khata to the BDA office or is a photocopy enough? Please advise.

Harish

Dear Harish,

The BDA is taking back the original khata standing in the name of the previous owner and then issuing a khata in the name of the present owner. You can keep a photocopy of the previous khata before surrendering the original to the BDA.

Dear Madam,

In a plot of 41x44 (in BMP limits, allotted by BDA), an old house has been demolished and a new plan for construction of house (G +2) has been obtained and construction is 3/4 th completed. Now, according to New CDP 2015, our road is proposed for commercial use. Can I request BMP for modification of plan from residence to commercial, once the new CDP 2015 is passed? Present approved plan is valid till June 2007.

Ravish

Dear Ravish,

You can inform the BDA in writing (with acknowledgement), seeking permission to use the present structure for commercial use, and in the absence of any written communication from the BDA, you will have a deemed permission to put the property to commercial use. Alternatively, you could also seek modification in the sanctioned plan.

Dear Madam,

I am planning to acquire a plot in a private walled/gated layout in a village panchayat area at the outskirts of Bangalore. The plot owners’ association is registered with the registrar of the societies. The Association has also framed a ‘Construction and Occupancy Manual’ (COM) on the same lines as that of the original developer of the layout and was approved by the general body.

Certain clauses in the bye-laws seem to infringe upon one’s rights and hence the decision to acquire the plot will depend on certain clarifications from you. The restrictions are many but importantly; 1. The floor area cannot be more than the plot area; 2. I cannot build more than ground + first floor; 3. I cannot sub-divide my plot, 4. No commercial activity is allowed in the layout, and; 5. No  construction can start without a No Objection Certificate (NOC) from the Association. I am told that it is easy to get panchayat approval for a plan which may not be as per BDA’s norms for set-off and the floor area. I expect further deviation from the approved plan as the construction progresses.

Can an association frame rules and bye-laws which are stricter than, say, BDA rules? Can the association’s rules override the law of the land?

Does the association have the right to issue NOC without which I cannot start construction?

Can I build a three-storied house or a multi-storied apartment block on the plot, although the association rules/bye-laws do not permit it?

Do panchayats follow any guidelines for approving a plan in terms of set-offs and floor area, etc?

Does an approved plan from the panchayat give me the right to build without taking NOC from the association?

Does the association have the right to take any legal action, eg, stay order on construction which is not following the bye–laws of the Association or not following the approved plan?

M Singh

Dear M Singh,

If the Association does not permit what is legally allowed as per FAR defined in the bylaws of the local government body, then you can effectively challenge the same. The other rules can be challenged in the AGM or EGM and set aside. In any case the Association may not have a strong case on merit if it goes to court. 

Dear Madam,

I brought an apartment on the topmost floor on a CMC land a year back. Total floors are ground (for parking) + 4 floors (for flats). The builder has shown the ground floor as basement and made it as ‘Basement + G +3’  in my sale deed. Hence, as per the sale deed, my apartment is located on the 3rd floor of the building.

But when you see the layout plan there is no basement mentioned - only G +3 floors. The topmost floor does not even exist. So as per the plan he can make only 12 flats, whereas he has made 16 with four of them illegal.

How illegal is my property and can the government demolish it in future? Please advise.

Indrani Biswas

Dear Indrani Biswas,

You should get the sanctioned plan and show it to a lawyer. If the building can be regularised under the Sakrama scheme, you can get it done. If not, the illegality will continue.

Dear Madam,

I purchased a two-acre property in November 1983. The same was converted to poultry farm in November 1984. The same was later converted/alienated for residential purpose from the competent authority (assistant commissioner), dated November 2005. Due to a personal problem, a registered agreement for sale was done on August 5, 2006. Subsequently, the same property was sold/ registered on August 31, 2006.

Later in the newspaper I came to know that in my name, a gazette notification dated October 6, 2006, was meant to be acquired by KIADB with last date for filing an objection dated December 2, 2006.

What action do I need to take? It is learnt that the first party who had done the registered agreement, has sold the land to the other party. I came to know of the same on the final registration day. What do I need to do now?

Rao

Dear Rao,

I have gathered that you are an agreement holder for a property that is now under acquisition. You should file your objections with KIADB by producing all the documents of ownership in your name. I would advise you to engage a lawyer who can handle the matter.

Dear Madam,

I have booked a site of around 1,495 sq ft in a BMRDA approved layout on Hosur Road ( layout named PC Paradise). Now the builder says that my site is part of the 40% un-released sites. They claim that there has been a high court ruling that release letter is not required for registering sites and transferring the khata. I am not sure about the truth behind this statement. It seems UTI bank is ready to provide loan on this site while IDBI is insisting on the release letter. Is it safe to proceed with this site?

A reader

Dear reader,

If there is a high court order to that effect, it must be furnished to you by the builder. If the builder is able to furnish a copy of this, you can proceed with the loan from UTI bank. You are also advised to show the same to a lawyer if  needed. If a copy of the high court order is not furnished, you should not proceed with the matter.


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.