Dear Madam,
I have paid booking amount for a 1st floor apartment in a G +14 apartment complex. However, the developers do not have a BDA approval for G +14, only for G +3. They (developers) have mentioned that I am safe as I have been allocated 1st floor. What are the precautions I need to take before signing the agreement?
Joseph Aphraim
Dear Joseph Aphraim,
You have to make sure the first floor is in compliance of the sanctioned plan with permitted levels of deviations. If the building is not ready, you can take an undertaking to this effect and proceed. However, you are advised to find out why there is such a large jump from 3 floors to 14 floors. If this is due to genuine reasons like proximity of new roads, increase FAR or TDR, then you can proceed with the purchase.
Dear Madam,
We have bought a flat in Ambience Diva, Sarjapur Road, Bangalore. While purchasing the flat, the builder had said it is a triplex penthouse which consists of 7th, 8th and 9th floor including private terrace on 9th floor (also mentioned in the Sale Agreement).
Now the builder is saying that he does not have the approval of 9th floor. So he is not constructing the same anymore. He wants to deliver the flat without 9th floor and wants to apply for Occupancy Certificate after possession. After getting the OC he says he will construct the 9th floor and it will be regularised as violation will be below 10%.
Should I go ahead and complete the registration process for the flat? Can they get the 9th floor regularised? What will happen if they construct the 9th floor but don’t get it regularised? Will I be able to sell the property afterwards?
Moumita Dasgupta
Dear Moumita Dasgupta,
It will not be possible to register the floors not shown in the sanctioned plan. It will not be safe to get into an agreement for a floor that is not yet sanctioned. Hence you are advised to proceed at your own risk.
Dear Madam,
I am planning to buy a 30*40 site in Vysya Bank colony, located on Bannerghatta Road near Arakere. There was a lake (which is dry now) before this layout was constructed. This layout was done by X builder 5 years back. Could you please advise me if I buy a site in this layout. If so, what are the documents to be checked? Are there any chances that the government will raise any kind of objection in future over constructing houses on this layout?
Rathnakar
Dear Rathnakar,
If the chain of title can be traced in private hands for the last 30 years, it cannot be a lake bed. Apart from this you can also check with the authority concerned, who is in charge of prohibiting developments in low-lying areas. The sanctioned plan per se for the layout should indicate that the plan approval is proper, but unfortunately there have been cases when this is not always true.
Dear Madam,
I am a Canadian citizen living in Canada. I would like to buy property ( land, a house, etc.) What are the laws concerning the purchase? I also have no plans to move to India as well. It will be sort of an investment or for personal use.
Clarence
Dear Clarence,
If you are a person of Indian origin (father or grandfather was an Indian citizen), or if you have ever held an Indian passport, then you can purchase property (not being agricultural land) in India, despite being a Canadian citizen.
Dear Madam,
I have purchased a BDA site from Ms A. She was a direct allottee from BDA. She got registered from BDA on July 18, 2003. I got the site registered on August 8, 2003, with all required documents except original sale deed (but with endorsed copy of sale deed from BDA). Ms A gave me all the documents except original sale deed copy which she was about to get after a month’s gap. She also promised me that she would send me the original sale deed whenever she got the same from BDA. But even after 4 years I am yet to receive the original from her. I tried to contact her many times, but she is not traceable. Meanwhile I made all other documents in my name, ie, PC, khatha, up-to-date tax paid receipt, etc. But in Encumbrance, my name is indicated first (as 9050/03-04 dated 8-8-03), and her name next (as 3822/03-04 dated 18-7-03/9-9-03), with comments, because BDA sent endorsed copy only on 18-12-03.
When all other documents are available with me in my name, will there be any problem without original sale deed from Ms A? If it is essential, how should I get the same, without Ms A’s presence?
Please guide me in this regard.
A N Hebbar
Dear A N Hebbar,
It is important to scrutinise the endorsement which is mentioned in your question. There is a scheme in BDA whereby the sale deed can be executed directly in your name now. You could get the same done.
Dear Madam,
Is stamp duty payable on housing loan (mortgage created by deposit of title deeds) mandatory? Many banks are not collecting this fee and are doing better business. Many customers do not understand its implications. We only hope that IG office will inspect these banks soon and bring all the players in the market to the same platform by imposing heavy penalty.
Anonymous
Dear Anonymous,
The matter is sub judice and hence cannot be commented upon.
Dear madam,
When we newly came to Bangalore three and a half years back, we purchased a flat. When we had gone for khata transfer recently, we were told by CMC officials that the purchased flat is on 4th floor and they cannot do the khata transfer as it is not part of the approved plan. It seems CMC gives approval for G+3 floors but not for G+4, ie, for our building.
We then approached the builder who knows promises that recent move of merger of CMCs under corporation may provide relief to the unauthorisation problem as he will try to regularise it. We are in a soup having invested our lifetime savings. Although there is no threat of immediate demolition, we are worried about this uncertainty and insecurity. What are the options left for me to take the steps against the builder and also the bank who approved such faulty project so that my investment is protected?
Vangala Krishna
Dear Vangala Krishna,
Residential building with up to 50% deviations can be regularised under the new Sakrama scheme. However, the scheme is subject to judicial review. You are advised to submit yourself to the scheme if the deviations are within permitted limits.
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.
