Dear Madam,
I purchased a house along with the compound wall on all sides, from the owner about 20 years back (ie, 1987). When I purchased it, the house was under panchayat jurisdiction and the same has been taken over by BMP (BBMP). Since then, I have been paying house tax (as per Self Assessment Scheme) to BMP after paying betterment charges. As per the records (ie, sale deed/khata), the size of the site is 30x 40.
However, by actual measurement it is now found that the site is 58x30 (ie, the length is about 18 ft more). I want to know how to regularise the excess space occupied by me. In this connection, I would like to mention that just after the compound wall, BDA/BMP have laid permanent road. Hence all houses in the road are in same line.
Secondly, when I purchased the house, I could not obtain the approved house drawing from the owner. As the jurisdiction has since been transferred to BMP from the panchayat, I have not been able to obtain the original drawing. As such, please confirm whether I can get a fresh drawing prepared based on the existing construction of the house and obtain approval from the competent authority, ie, BBMP. Under what rules can I regularise the above discrepancies?
M S R Rao
Dear M S R Rao,
Since you have been in peaceful, open, continuous and undisputed possession for more than 12 years, you have become the owner of the excess land by adverse possession. There is nothing further for you to do. In case you are selling your property you can mention that on actual physical measurement, the property was found to measure such and such and reflect the same in the Schedule.
Dear Madam,
I bought a house from a person who was constructing on the property for sale. The property was mortgaged to a nationalised bank by the person for taking loan for construction. I took loan from ICICI bank for buying the same and the bank made payment by cheque to the seller instead of making a cheque directly to the nationalised bank.The documents hypothecated by the seller, are still lying with the nationalised bank even thought the loan is closed and I have registered the property in my name. ICICI bank has not taken any interest in taking back the documents from the nationalised bank even though I have been approaching them to do so. Once I clear the loan, will it be a problem for me if the documents are still lying with the nationalised bank? We have checked with the bank for getting the documents and the bank refuses to even speak to me saying that I have no business in the matter. What is the next course for me to get the said documents?
Rajesh Varma
Dear Rajesh Varma,
You must take steps through a court of law to get back all the title deeds now held by the bank. Since you have discharged the entire loan, the bank is not entitled to retain the documents.You are advised to meet a lawyer and instruct him to give a detailed notice to the persons concerned, including the non cooperating bank. If no reply is received within a reasonable time, you are entitled to file a suit for the recovery of documents in specie. You are also entitled to claim damages from the bank. The documents of title held by the bank are movable property.
Dear Madam,
I purchased a site in Chelkere last year, which has been registered and tax paid for 2004-05 and khata changed to my name. We had built a small room with toilet and compound wall around it. We were in possession of the property but suddenly, two days back, our place was demolished by CMC without issuing any prior notice to us.
What are our options and how do I proceed?
K Sudersan
Dear K Sudersan,
The action of the authorities in demolishing the toilet is illegal. It amounts to criminal trespass. It is assumed that you had applied to the appropriate authority for permission to build the structures in question. If so, you are entitled to file a suit against the wrongdoers for recovery of damages.
Dear Madam,
I have purchased a flat with housing loan from HDFC. It is still under construction. HDFC has disbursed 60% of amount as part payment. Now builder is asking for the rest of the money though the flat is under construction. And he is giving possession of the same after 4-5 months. Also, sale deed has not been done. So how safe is it to give another payment to the builder? And if he has not given possession or sale deed, what action can I take?
Kanaiya Rami
Dear Kanaiya Rami,
You are advised to enter into an agreement with the builder incorporating the payment, and the period within which the construction will be complete. The agreement must contain enough safeguards for the payment of monies and the ultimate possession of the property. In the absence of a written agreement, it may be unwise to make any further payment to the builder.
Dear Madam,
I retired as manager in BHEL, Bangalore (formerly REMCO). I am member of Remco (BHEL) House Building Co-op society Ltd, Bangalore.
I own a 40 x 60 site allotted by the same in 1992. The sale deed was dated October 14, 1992; possession certificate dated April 1, 1993; CMC Khata endorsement dated November 10, 1995. I am paying vacant land tax to CMC till date. Due to some inconvenience, I could not build the house.
I used to visit the site premises now and then. There was no problem till April 2006. During May 2006, the original owner of the said land took possession of four vacant sites in line, adjacent to my site, including mine, quoting SC Order 3011-19-1995 dated August 30, 1977, stating that the property belongs to him and any trespasser will be prosecuted. He has threatened all the four owners.
Even a complaint with the police has not helped any one of us.
The Society has not taken any responsibility to help us, stating that we have not safeguarded the site, by constructing a house or at least one shed with compound. Two of our neighbours have gone to court. None of us are party to the SC order quoted by him. The owner says he has not received due compensation from the society and so he has taken vacant sites using force. He has also repaid Acquisition amount, which he received earlier.
I am aged 70 and has no issues. A court battle may take 15-20 years.
T S Suryanarayana Rao
Dear T S Suryanarayana Rao,
You must, in the first instance, get the judgement of the Supreme Court in 3011-19-1995. This judgement must be studied in detail before any advice can be given. You should also find out from the co-operative society whether it was made a party to the matter dealt with by the Supreme Court. If so, you can try to get the details of the judgement from the society itself. Unless the judgement is looked into, no effective steps can be taken.
Dear Madam,
I purchased one 30 x 40 site in 1998 on GPA which comes under Dasarahalli CMC from 1st GPA holder (X). I fenced the site immediately after purchase. After 3 years I built a small house there and took possession of the site and have been in occupation of the same since then. The person from whom I purchased the site, was the 1st GPA holder (X), who was given the GPA by the original land owner (Y) in 1987.
All of a sudden, one person (Z) came last week and said he was the 1st GPA holder and claimed to be the owner of the site.
He showed photocopies of GPA signed by original land owner (the same person Y) who signed on X’s GPA from whom I purchased the site in 1995, and demanded money for having occupied the site. I have following queries in this regard:
1) Does Z’s GPA, which was given by the land owner in 1995, hold good even after 8 years from the period of GPA given to X, that was in 1987?
2) I have with me the GPA in original given to X (1st GPA holder) by Y. When Y gave GPA to Z in 1995, they had not cancelled the GPA given to X. Was it correct and is it valid?
3) The electricity metre is in my name. I have been paying the electricity bills time to time. I have been remitting property tax till date, to the CMC. I have also remitted the charges for Cauvery water into Syndicate Bank – A/c CMC, Dasarahalli. Mainly and importantly, I have occupied the site from 2001.
4) For your information, the original land owner (Y) is no more.
5) Is Z’s claim legally correct?
6) In this situation what will be the next action by Z? If he goes for registration of the property, can he succeed legally? If so, does it affect my occupation of the site?
7) What will I have to do ?
For your information, before taking GPA from Y, Z was given a Pronote by X for having taken money from Z in 1991. It said if X did not return the money taken from Z, the site which X was holding that time (of which I am now the occupant), would be given to Z in lieu of his money (X says money was returned to Z and the issue was settled and closed that time itself). While giving GPA to me for the same site I was not informed by X about this matter.
What further action can I take in the matter?
Vishwanatha A
Dear Vishwanatha A,
Your strong point is your possession of the property. You should protect the same. For that you may have to file a civil suit in the appropriate court against all the persons concerned and get an order of injunction. If the original owner is dead, his heirs must be paid parties. So long as the possession of the property is maintained, you need not bother about the claim made by the new power of attorney holder. You should go to court to assert your right. In view of the facts given, the matter is complicated. Therefore the only prudent way is to protect your possession and wait for the consequences.
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.
