Question: My Father has a land (approx 4,200 Sq Ft), which he bought in 1980-81. He has transferred it to my name in 2005. The sale deed in his name says that it is an agricultural land. The deed which I have in my name says it is house list khata (part of the village). When I enquired with the village panchayat authorities they said that, the village panchayath can actually extend the village area when it is required. And it is by this process that my land has come into the village and now it has a house list khata number instead of the survey number. Is it true? If so, is my land different from the gramthana (revenue) sites sold by the real estate people? I had applied for a house construction loan, which is sanctioned. I have already invested Rs two lakh after recieving the sanction letter. But now at the time of disimbursement the bank is asking for a DC conversion. It would be very helpful if you can guide me on the above matter.

Pradeep Kumar

Answer: A gramthana site which comes within a village limit as per the village map of Department of Survey and Settlement can be registered and no conversion order is required. It should be certified by the Village accountant showing the rough sketch of the site indicating the location of the site in the village map with boundaries. The gramthana sites sold by developers are layouts in disguise and cannot meet the criterion of being inside the village boundary.

Question: A site has been allotted in the name of my mother by a co-operative society named Bangalore City Co-operative Housing Society, Chamrajpet, Bangalore. We have been alloted the site in year 2001 and the sale deed(Registeration) is also made but till date they have not transferred the Khata. When I enquired regarding this they are not responding. So, I want to transfer the Khata myself. I wanted to know the procedure regarding this.

Akash

Answer: You should approach the concerned office and fill up the Khata tranfer form along with the copy of the sale deed, encumbrance certificate and latest tax paid receipts. You will be required to enclose a sketch of the property and pay the official fee. After inspection of the property, the Khata will be transferred in the name of your mother.

Question: I am planning to buy a site in Rajarajeshwari Nagar, BHEL (Remco) housing co-operative society-formed site. This site was allotted in 1988 from BHEL to one of its employees. Then the same was sold to another person. This person is now selling the site. As the registration of the site is banned now, please advise what to do. They say that for the plots where all documents are perfect, betterment charges have been paid & khata is available, they are doing the registration. Also they say I need to release a public notice in news paper. How should I do?

Venu Gopal

Answer: If the layout is BDA approved, you can get it registered without any problem. You can contact an advocate who will insert a public notice on your behalf.

Question: We have seen a site at Seghehalli in K R Puram Hobli. We are interested in buying the site (CMC). We find that around 10 houses and few building are in construction in the opposite lane of the site which we have seen. What are the papers we need to check and what is the procedure to check the documents? Also when will the registration be on?

Selvi

Answer: Registrations of sites which do not have BDA approval are not presently being registered. The documents to check are parent title deeds, conversion certificate, layout plan approval, joint development agreement, power of attorney between land owner and builder, encumbrance certificate, Khata, tax paid receipt and release certificate by BDA or BMRDA.

Question: I have booked a site in nagavara which is a Vyalikaval co-op society site and it is a BDA approved site. I have taken a loan to buy a site but now due to registration ban issue, I am not able to get the registration done. My developer is saying that he needs a release order from BDA. How many days does it take to get that order? Is it worth waiting for or shall we leave it? Two other relatives of mine got two sites’ registration done just before the ban. Many people are waiting for the registration. Kindly tell us the date for it.

Deepa

Answer: If there is a layout plan sanctioned by the BDA, the release certificate can be obtained quickly. It is not clear if there is a ban on registration of your site or not. Further investigations with the papers are required. At present, no date can be fixed on the time period for registration of the banned properties.

Question: I wish to purchase a house constructed in 1994 in the CMC area of Bommanahalli. The owner has given me the following copies of documents for verification. I wish to know whether with the following documents, the same can be registered in my name in view of the government’s recent order banning registration of certain type of properties.

1 The site dimensions are 30x50 and he has inherited from his his father as his share which has been registered.

2 Rs 15000 has been paid as fees to CMC Bommanahalli.

3 An order from the regularisation committee regarding regularisation of the said building constructed on the captioned site.

4 NOC from BDA in 1989 which permits him to construct the house.

5 Payment of self assessment tax to Bommanahalli CMC.

Ram Venkatesh

Answer: I would advise you to get the documents verified by an advocate. No opinion can be given on the basis of the list furnished by you. However, if the building has been regularised by a competent authority, it will be possible to register it.

Question: I own a plot, which is of 16 cents, registered in my name, I had mutually agreed for a family settlement with my brother, using family settlement deed and given him 11 cents of mine. Now he is asking for the mother document, which is registered in my name, but I might need it in case, I have to apply for a loan to construct a house in the remaining five cents which comes to me. Is it possible to apply for another set of original mother documents from the sub-registrar’s office?

Goutham

Answer: You can get a certified copy of the parent document from the sub registrar's office and a letter stating that the original is in your custody.

Question: I am trying to purchase an apartment in the Sarjapur/Outer Ring Road area on the last floor. The foundation for the construction is just laid. It is G+3 floors construction and I have been informed that it has the Gram Panchayat approval and an NOC from BDA, my clarifications are:

1 Can Gram Panchayat approve a construction height of G+3?

2 Can you please advise if this is safe to invest?

Nithasha

Answer: Gram Panchayat cannot give a sanction for G+ 3 buildings. You cannot register such properties. It may not be safe to invest in this at present. However, this situation may change in future.

Question: I am planning to buy a property on Airport Road (comes under Konena Agrahara village). The property belongs to someone called GN Srinivas Rao and after his death in 1995 his wife inherited the property and sold it to one Mr Charles in 2004. After this, Mr Charles sold it to someone else in 2004 and I am planning to buy it from him now. As this is inherited by late Srinivas Rao’s wife, is there a necessity for a family tree document? If so, how can I obtain Srinivas Rao’s family tree document as he is no more and I don’t know his wife Tara? Also at the time of the sale of the property by Ms Tara to Mr Charles, her son was 17 years old. Now, if I buy this property, will there be any legal issues regarding it? Ms Tara has provided an affidavit & an NoC for the sale transaction to Mr Charles.

Baskar K

Answer: The legal heirs (if any) of Srinivasa Rao other than his wife and then minor son will have a right on the property for a period of 12 years from the date of alienation. If the affidavit states that there are no other legal heirs, you can proceed to purchase the property after a public notice. If not, you should rely on indemnity of title from the present owner and a public notice. It may not be possible to get the family tree of Srinivasa Rao now.

Question: I have made an agreement with a promoter to demolish my house and reconstruct a four-storeyed apartment on that land. In consideration, I have owned a flat in this new apartment. However, there were two coconut trees in my land and at the time of construction it was verbally agreed with the promoter that the trees would not be sold and accordingly the sale of trees were neither included nor excluded specifically in the sale deed. Now the other owners are demanding an equal share of the coconut trees. My question is, can the other owners claim equal share on those trees?

K Sengupta

Answer: Anything that is attached to the land is deemed to be sold with the land. The other owners have a right over the coconut trees.

The author is a practising advocate specialising in real estate matters. E-mail your questions at businessdesk@deccanherald.co.in or to the author at vatsala1@vsnl.net . Mark your mail with “Legal Angle” in the subject line. You may also write to us at: The Editor, “Legal Angle”, Deccan Herald, No. 75, M.G.Road, Bangalore - 560 001.

Disclaimer: All the answers provided herein are of a general nature. It is advisable to get specific legal advise after furnishing detailed history of each individual case.