Vatsala Dhananjay answers your queries on real estate matters...
Dear Madam,
In 1968, an extension of 2 acres, 27 gunthas of ancestral agricultural land located in Hoskote taluk, Bangalore Rural District, was alienated for “construction of a poultry farm and a dwelling house”. Since then this land has been allotted a Kanishmari number by the gram panchayat concerned, and property tax has been paid every year till date to the GP. In the last five years, Form Nos 9 and 10 have been issued by the GP on receipt of the property tax for the year.
The dwelling house exists but not the poultry farm. In 1984, under the first CDP, the BDA declared the entire village, in which the above property is situated, as a green belt area. And this continues to be a green belt area in the 1995 CDP and 2015 RCDP.
Does the above mentioned alienation order (issued by the then AC, Dodaballapur sub-division) hold good today? If yes, can I get permission for other types of construction (ie, other than for a poultry farm), to be undertaken on this property? This property is a corner one with a national highway as its eastern boundary, and a fuel retail station opposite its southern boundary.
R Narain Rao
Dear R Narain Rao,
As the property is in the green belt area, you cannot use it for any other purpose except specified uses indicated for green areas. This includes agro processing units like dairy farm. You can get permission to put up a farm house. You should explore further in the BDA to see if the road abutting the national highway can be put to any other use.
Dear Madam,
I am well into the process of purchasing a property in a a private layout. I have found that BDA approved layouts are few and less affordable. This layout has no BDA approval, it is DC converted and has a village panchayat approval for a layout. The layout is very well developed, with wide tar roads, and all possible amenities with many functional families living there.
It is not in the green belt. Part of the layout was notified in the preliminary notification but not in the final notification. The builders have no papers from BDA telling us that it is not notified but it is clear from the BDA final notification that all properties inside the compound wall are not included.
1. Is it mandatory to have a paper that states that the land is not notified? ( I believe the ban on registration of property in a non BDA approved layout is lifted.)
2. Does that mean such layouts are now acceptable?
3. Is there a chance of BDA demolishing such properties — however remote?
This layout is not listed neither in the unauthorised layouts nor in the authorised layouts by BDA. I have processed papers with two lawyers. Both believe that legally speaking, papers are fine. Both have given the green signal.
However, one says that lack of BDA approval might be an issue to reckon with. The other believes that betterment charges will be levied at some time in future and regularisation will happen. Kindly clarify at the earliest possible, I am all set for the registration process in a few days! I had addressed some of these questions a fortnight back, to the Public Relations Department of BDA but have received no answers.
Sheela
Dear Sheela,
It is advisable to get an NOC from BDA stating that the specific property has not been notified, but it is not mandatory. If the property is DC converted, it will be possible to get the same registered.
If the layout comes within BBMP limits, you can get it regularised. If not, the powers given to BDA to demolish such layouts remains on paper. If you need a property with perfect title, this may not be the one for you.
Dear Madam,
My daughter is negotiating to buy an apartment in Bangalore which is one of the twelve flats built on an ancestral property at Mysore, which is partly finished. The original katha holder is dead and his heirs are saying that they would provide vital documents like khata, latest tax paid receipt and no encumbrances certificate, and on the basis of the same, the property could be registered even in the absence of the original papers, with regard to the Mother Deed of the land, Joint Development Agreement with the builder, etc.
The other eleven flats have already been bought and some of them have even been resold by the original buyers. The builder of these flats is absconding and the original papers are said to be with him. But the said flat is in possession of the legal heirs of the deceased. Could my daughter, in case there is any litigation after the registration of the property, sue the sellers? Or is it enough if she gets the ownership of the above said vital documents?
Aswini
Dear Aswini,
Firstly, you should get a sound legal opinion. Regarding the originals, you should treat them as lost. However, in cases of flats, when are sold and resold, the original land documents are sometimes not verified. As the building has already come up, it will be difficult for the builder or land owner to mortgage it now. You could consider purchasing it after a public notice. The other option is to back out of the deal.
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.
Dear Madam,
