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supriya chatterjee   20 June 2020

Master plan of the building

Hello there , My father have all the documents required for the sale of my requisite property apart from the master plan ,when he have taken up a loan of the building that was a not a mandate however today people acclaim otherwise the building cannot be sold that what people says .Now since it's his hard earned money ,it's really stressful for him to accept that he cannot sell the house because of the missing master plan .Kindly intimate what's the way out to get the master plan of the building as our builder is not helping us at all as we bought this house around 15 years back.


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 8 Replies

Dr J C Vashista (Advocate)     20 June 2020

Hello here !!!

Master plan is not a part of title documents qua the property acquired / constructed by your father.

 

supriya chatterjee   20 June 2020

Hello sir , Many thanks for your prompt response. People are saying without the master plan we cannot sell off the property.Kindly help either how to procure the same or maybe if it's feasible to sell off without master plan.

G.L.N. Prasad (Retired employee.)     20 June 2020

You can sell, but you can not find purchasers or purchasers demand for less cost and to encash the loopholes.  Wait patiently, some one may purchase by taking the risk, if the cost is reasonable.

P. Venu (Advocate)     20 June 2020

The facts, as posted, lacks claity. Perhaps, it would be better if a fresh query is posted after understanding what is 'master plan'.

G.L.N. Prasad (Retired employee.)     20 June 2020

For the information of the queriest: The master plan is one prepared by development authority-classifying zones to Residential-Commercial-agricultural-Industrial zones.  If someone wants to build a house in a green belt /agricultural area or if someone wants to start an industry in a residential zone, such approvals can never be given.  At least there is a scope for getting regulation during such schemes in the future if the plan is not approved, but if the construction is not as per Master plan requirements, no one can approve or regularize such construction.

It is not that it is having value, the land value is always there and the seller may not get construction full value.

Dr J C Vashista (Advocate)     20 June 2020

Hello !!!

Master plan is defind as a dynamic long term development planning document providing conceptual layout  to guide future growth and development, which find analyses, recommendations and proposal for site's population, econonmy, housing, transportation, community facilities and land use.

Did you find anything concerned with title (ownership) of the property owned by any person / group of persons, community or State, which may be correlated to its sale transaction ? Answer is simple and straight no, repeat "NO".

supriya chatterjee   20 June 2020

Many thanks for all your responses ,then is the ground reality is that the property cannot be sold .

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 June 2020

Originally posted by : supriya chatterjee
Hello there ,
My father have all the documents required for the sale of my requisite property apart from the master plan ,when he have taken up a loan of the building that was a not a mandate however today people acclaim otherwise the building cannot be sold that what people says .Now since it's his hard earned money ,it's really stressful for him to accept that he cannot sell the house because of the missing master plan .Kindly intimate what's the way out to get the master plan of the building as our builder is not helping us at all as we bought this house around 15 years back.

 

INTROSPECT ON THIS:

1. IF you have the Property Card (or 7x12 & Form no. 8) of the Land & Building) and IF you are paying Property Tax and IF you have a legal Water Connection & other Civic amenties,  THEN:

a) Engage an registered Architect and ask him to survey & prepare the Master Plan of entire building and the layout of the plot of land.

b) Architect will file the Master Plan with the Town Planning Dept., or the local Municipal Dept., by following due procedures of law and pay their relevant fees /penalty /considerations and have it approved.  Once approved, the same shall be legally enforceable for all futuristic legal purposes, irrespective of any criteria.

2. The above process is usually followed for very old structures when plans etc.... are not available even with the aforementioned respective authorities.

Note: NOT everything is impossible.  It just requires a very unusual mind to think of the obvious.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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