Dear Madam,
I had purchased a residential site near Jigani Industrial area in a private layout about 15 years back. The sale deed has been registered in my name and khatha has also been obtained in my name. I have been paying property tax to the village panchayat regularly. The entire layout has not seen any progress for the last 10 years. Many sites are yet to be registered in the name of allottees.

Now it seems the layout is being or has been handed over to another company. The new company has uprooted the electrical poles and probably doing some modifications to the layout itself. The boundary stones of plots are also removed in some places. The company’s offices are locked most of the time. The only information about the layout I get is from a watchman there. Will there be any problem later? What precautions should I take to safeguard my interest with respect to my site in the layout?
K L Rao
Dear K L Rao,
You should file for injunction and seek relief from interference with your possession. You should get the name of the new company so that you can file the case/sent legal notice against them. You can also put up a board on your site announcing your ownership and apply for an encumbrance certificate to see if any registrations have taken place on your site.

Dear Madam,
I have booked a flat in an apartment complex consisting of three blocks of 16 flats each. Now, when the time has come for the association to be formed, some owners in our block want separate associations (one for each building). The builder had earlier suggested one common association with representatives from each block.

The whole complex has only one borewell and one corporation water connection with one common sump, but with separate motors for each block. Also one entire block of 16 flats belongs to the original owner of the land. We request your advice on the following:

1. Water supply being the most vital aspect, in case of scarcity, would a single association avoid misunderstandings and ensure fair distribution?

2. Those in favour of separate associations claim that it is easier to get 16 people to agree to any decision. There is apprehension that a single association may be dominated by the erstwhile owner, now holding 16 out of the 48 flats.
Meenakshi

Dear Meenakshi,
Some buildings work well with separate associations for each block. My opinion is that you can have certain common rules about the water supply that can be handled by the apex body of all the blocks and other matters can be handled by the different associations.

Dear Madam,
I have plans to purchase a site at Byatarayanapura, Mysore Road, Bangalore,  that comes under Corporation limits. But many of the sites are not yet registered and I have also heard through rumours that BDA has issued a stay order from registering the sites that come under Survey No 301.  Is it possible to register a site belonging to the said survey number and proceed with the khata process?
Santosh K

Dear Santosh K,
A detailed investigation is required before answering your question. You are advised to engage a lawyer and get into the root of the matter.

Dear Madam,
I am interested in buying a plot from a developer in Jigini. The developer has given all the approval papers pertaining to it. But when I asked for an individual plot khata, with EC and tax paid receipt, he has only given khata and says the EC comes for survey number and only after we purchase the plot the EC will come for this particular plot. 

People say I have to take individual EC and tax paid receipt only then talk about further action.
A reader

Dear reader,
There will be entries in the EC only after the first registration. But you can apply for it and get it for any length of time that you choose, which is advisable. You should also get the individual khata and tax paid receipt prior to registration.

Dear Madam,
I have identified a property on Hennur Main road 5 kms from the Ring road junction. The builder has developed the layout and there are around 9 houses in the layout. The owner says some of the houses were built from loans from Federal Bank. My lawyer says this is not a DC converted layout. The owner says there is Form 10 from the village authorities which is similar to DC conversion. Is it safe to invest in this site? What is the risk?
Valerine
Dear Valerine,
Some gramthana sites (within 200 meters from village boundary) may be safe to purchase, but most revenue sites carry the risks of acquisition, zonal violations and are contrary to provisions requiring conversion of land.
If it can be regularised, you could consider purchase. You need to meet a lawyer and understand the risks. Bank loans are more difficult to get.

Dear Madam,
My mother who is 71 years old and a widow, purchased a flat in Bangalore. It is still under construction. She was told by someone that as a woman as well as a senior citizen, she will get a discount in registration fees.

Is this information correct and if so can you tell me what steps one must take to avail this discount?
H R Dhananjaya
Dear H R Dhananjaya,
No concessional duty for women purchasing property is available in Karnataka. However, some other places like Delhi, do have that concession.

Dear Madam,
I bought and registered a DC converted site (40 by 60) through a GPA holder, about 10 years back. There are totally about 500 sites in the layout, some of them converted. Almost all these sites are sold to outsiders from Mumbai and NRIs.  No one has constructed house in this layout. It seems the whole layout has again been sold to another party with mutual understanding and with clear intention of cheating.

Now the illegal owner of the layout has changed the face of the layout, levelled it, made a new layout and is selling it at 10 times the original price. GPA  holder and his associates are criminal minded. What course of action can be taken?  If we go to court how many years will we have to fight? How does the course rate the site?
Vady
Dear Vady,
You should immediately file a case challenging the actions of the new owner, produce all relevant documents and get a declaration of your title to the plot. Collective action by all plot owners can also be contemplated. After filing the case, you can give notice of the pending court case by affixing prominent notices in the layout. 

Dear Madam,
I own a CMC site. I need to make and register a will. I want to know the process for the same and expenses incurred.
Sikandar CH

Dear Sikandar CH,
The expenses for registering a will is nominal. However you should take into account lawyer’s fees for registration. You can get the same drafted by a lawyer. Alternatively you can download forms from the internet and draft you own will. Registration of a will is optional.

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.