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Deccan Herald » DH Realty » Detailed Story
Trespass on your land? Time for action

Dear Madam,
My dad has purchased a site in Belthur (Whitefield). It is revenue land and is not under CMC. We got the registration paper and EC, but the land owner is not getting the khata made for us. We tried getting the same done ourselves but they say the site was supposed to be in guntha not in sq ft, so it is not possible to obtain khata. Some people say it is possible to get it made after paying around Rs 6,000 - 7,000. We are really confused. We are basically from Banaras but plan to settle here. We are also planning to construct the house. How can we get the khata made? Should we wait till the site comes under CMC?
Rita Kumari
Dear Rita Kumari,
If the site is not coming within the purview of the CMC, you can get it regularised under the BBMP Sakrama scheme which has been extended till May 31, 2008.

Dear Madam,
I purchased a 60x40 site in 1994 in Horamavu Agara, KR Puram Hobli (Khata 224/2). Someone told me that BDA has notified the area for acquisition. Recently I saw that someone had illegally removed my compound boundary. How do I register for it and claim my ownership with BDA. Please let me know how to get compensation for the same. Also, what will be the amounts of compensation given by BDA?
I have paid taxes as recently as 19/4/2006 in the panchayat.
Ag
Dear Ag,
You should determine if the BDA has acquired the area or not either by engaging a lawyer or by visiting the BDA office. Only a certain amount of time is given to file your objections against the acquisition, and the time will lapse if you are not vigilant.

You can claim an alternate site of 30 x 40 in lieu of the one taken over. Compensation will be meagre, based on government guideline value or it will be based on the value of any transaction showing full market value, in that area, provided you can locate it. Regarding the trespass about the compound wall, you should file an FIR with the local police station.

Dear Madam,
My brother, who is employed in Chennai and two of his friends, purchased a vacant site in Bangalore. The seller executed three sale deeds, one for each of them, documenting and confirming the sale of one third undivided share in the property, with complete details. A contractor (called the builder), constructed one house for each of them on the ground, first and second floor. There are only three houses on this site. My brother owns the house on the ground floor. The property has been sold directly by the seller to the three buyers and the contractor has absolutely no role in this.

The friend who owns the first floor house, parks his car in the open space in front of the house, reducing the space available to the ground floor owner and claims the parking right, based on a letter issued by the contractor (called ‘the builder’) and a construction agreement that the person has paid money for the construction of the house “including the cost of car parking”. There is not enough space to park even two cars in the space. There is no sale deed for the house  (called “the apartment”). Does this building count as an ‘apartment’? What are the laws/rules and regulations that would apply?  Since the ‘builder’ has not sold the site or the house but only constructed it, he cannot decide such things. Please let me know the correct position and how to proceed.                 
Calvin

Dear Calvin,
All the documents should be scrutinised including the contracts of construction. However, it is likely that the contractor will not have any rights to determine the ownership of parking spaces. The issue is not whether the building should be called an apartment or not. It is a matter of determining the rights over common areas and reserved areas. You should, if you cannot resolve it amicably, or if there is no clarity in the documents, take the matter to court to decide on your respective parking areas.

Dear Madam,
I am planning to buy a site in a private layout in Singapura village, Yelahanka Hobli. The land is DC converted and there is no BDA/BMRDA approval. However, there is a letter from BDA which states that this area has not been notified by them for acquisition so far.

The builders/developers of this layout have GPA in their name. All tax paid receipts, Nil encumbrance, etc, are in the name of the original owner. Another interesting point is that this was temple land earlier.
Can I go ahead and buy this site? I intend to construct a house here after 2 to 3 years. Will there be any sort of problem later? Can I get it registered in my name? Will I get khata?
Francis

Dear Francis,
You should get the papers verified by a lawyer to determine the title flow. Since it is not BMRDA approved, although you can get it registered and even build a house, (after getting khata), you will not get bank loans and resale may be difficult. You should be vigilant about zonal violations and acquisitions.  

Dear Madam,
I had purchased a newly constructed independent duplex house in the CMC limits of KR Puram and registered it in KR Puram registrar office in June 2006. But acting on some ill advice, I got only the plot/site registered in my name. The layout of the site(s) was done in 1989 by a private person. I don’t know whether the layout is registered or has any approvals from BDA.

But I am getting power-bills with address as per the site number. Previous owner (X) of the site purchased it in 1989 to build a house for himself. But as the place is too distant from the city, he didn’t build the house at that time.

‘X’ divided his site into two halves and built a house on one half only recently, which I purchased now. ‘X’ didn’t pay any betterment charges before June 2003. So now I don’t have any sanction plan for my house. (Actually I was told that the building has a legal sanction plan. But only recently I came to know that it is illegal and I cannot get any sanction plan and khata now, as the betterment charges for the site are not paid by X). I would like to know what I should do now to legalise my house and prevent acquisition/demolition of my house by BDA in future. Is taking an NOC from BDA/ KR Puram CMC enough? What is the difference between an ‘Endorsement’ and ‘NOC’? Please let me know.
Please also note that I have paid all taxes to CMC and also got SAS from it.
Suryam
Dear Suryam,
If there is no sanctioned plan at all, you can get the same regularised before March 31, 2008. This is the only course of action open to you. 

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