Dear Madam,

I am a senior citizen. My son who is in USA, financed me to purchase a BDA site in BTM Layout  II -Block, IV Stage, Devarachikkanahalli, in January 2003 from an original allottee. Before purchasing the same, I approached the BDA departments concerned. The officials who went through the documents said since the documents were clear I could purchase the site.

After registration when I approached BDA for plan sanction I was informed that there is a court case between the land owner and BDA since 2000.  Even after 6 years the case is not progressing as the BDA has not shown any keen interest in the matter. For the past 4 years I am paying heavy amount as tax for the vacant site.

My approaching BDA requesting for alternate site was not fruitful as nobody gave a proper reply. Even the BDA commissioner says I should have been more careful before purchasing the site and should have not taken a site under litigation. I don’t know what to do in this matter.

Because of this transaction even my son is blaming me as he is unable to construct a house for my stay even after 4 years of purchasing a site.

Prathap

Dear Prathap,

Unfortunately, as the case is pending in court, the outcome should be known before you can proceed. You can implead yourself in the case (after determining if there has been a stay order or not) and bring to the notice of the court your situation as an interested party.

Dear Madam,

We own a 60 x 50 ft site in LBS Nagar (road opposite HAL factory), which comes under the jurisdiction of KR Puram CMC. Our intention is to build a house or enter into JV for flats’ promotion. Although the site has been registered, Khata transfer has not been made. Should we pay betterment charges for getting the khata? The CMC is not accepting betterment charges due to a stay order. Should we wait, or is there a proper legal way to go ahead with our plans for construction ?

N Rajagopalan

Dear N Rajagopalan,

Since all the CMCs’ are merging with the Corporation, you could get the khata from the BBMP after paying the necessary fees. Thereafter you can commence construction after duly getting the sanctioned plan.

Dear Madam,

I have purchased a residential plot in RT nagar extension. It comes under CMC, registered in my wife’s name. I have obtained a khata also. The plot was registered in June 2006 at the peak of controversy about non registration of plots. We are planning to construct a house there. But, we heard about the original land owner’s relatives, sons, etc, stopping construction stating that it is not sold by their consent, etc.

I have all the documents including khata and registered when registration was stopped. I am the second owner of the converted plot. They are also demanding some money to settle the matter. Kindly advise.

Dida SA

Dear Dida SA,

Until the flow of title is known, it is not possible to state if the persons claiming rights over the property, do in fact, have that right or not. In any case, unless there is a stay order or a case filed, you need not enter into any compromise with them based on intimidation. You could, on the contrary, get an injunction against them restraining them from interfering with your peaceful possession. 

Dear Madam,

We are interested in purchasing a residential property in Bangalore South. The original owner, Mr X, got this property (agricultural land) through partition among the brothers in 1973, which was registered in the sub-registrar’s office. Later he converted the same into sites and sold .

Mr Y was given GPA from Mr X after having received the sale consideration which was stated on a 5 Rs- stamp paper (which is not a registered document). GPA was given in front of the notary (not registered in the sub-registrar’s office) in 1987 which fully authorises Mr Y to do what ever he wants.

Mr Y registered the property in his wife’s (Z) name in 1998, (property  registered in the Kengeri sub-registrar’s office) which is now in the corporation limits. All the documents regarding the property (including Khata) now exist in his wife’s name.

Now we want to know since this was the ancestral property of Mr X, will his legal heirs have any share in the property of their father? Can we go ahead with purchasing this property? How can we safeguard ourselves legally against any claim, right, title or interest from X’s family? What are the other documents required for us to have the ‘marketable title’?

S Narayana

Dear S Narayana,

There is a chance that the legal heirs can claim the property. In such cases you can publish a paper notice of your intention to purchase the property. If objections are not received, you could purchase the property with proper  indemnities. Otherwise you should drop the matter.

Dear Madam,

I am planning to buy an old house that is in 4th block, Jayanagar. The property owner showed me all the documents like: 1) Copy of the will, registered by his grandfather 2) Gift copy registered by his grandfather 3) Khata extract 4) Upto date tax paid receipt.

All the documents of the property are available except sale deed or absolute sale deed. Even the owner does not know how to get the sale deed. How can this problem be solved? Where will the owner get the sale deed? Will there be any problem if I proceed without original sale deed?

Manu Kusuma

Dear Manu Kusuma,

If the history of the property is established for a long time (at least more than 12 years) then you can consider purchasing it after a public notice. If there is a sale deed (as reflected in the encumbrance certificate or as cited in the will) and if it is lost or misplaced, you should file a police complaint also, apart from the public notice. You are advised to be cautious about any prior mortgages that might have been created by deposit of title deeds.

Dear Madam,

I bought a 30x40 plot in Electronic City two years back. The registration has been done with Anekal registration office. Even though the deal is with a local real estate person, the original owners did the registration. I have received only form 10 as khata whereas as per my understanding there should be form 9 also which is the real khata. Currently I have paid the tax to the local village panchayat.

I am thinking of selling the plot. I have the following questions: 

1. Since this is a village panchayat, can the buyer construct the house directly? If so, what permission should one take?

2. Since this is not converted, what I should do for conversion?

A reader

Dear reader,

You can apply for Form 1 and 12 which will be available now. You can construct a house with village panchayat approval. You cannot get the site converted now. It may also not come within the BBMP limits so you cannot regularise it now. 

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.