Puchase of a site in bangalore
Mrudula
(Querist) 16 November 2012
This query is : Resolved
Hi,
We are first time buyers.
We are planning to buy a 30x40 site in Devanahalli near international airport, Bangalore, from Maxworth realty Pvt ltd.with name max orchids phase II, (Phase I is sold out, approved and layouts have already been done.Adjacent to this is PhaseII )both gated community with amenities.
1) My issue is, Sale deed between the present owner and the Maxworth realty is pending.The present owner is Vijaylaxmi and she bought that land from one agriculturist named Muniyappa.
There was an agreement to sell (unregistered) between Vijaylaxmi and Maxworth in 2009, there is a clause saying that maxworth realty would, within six months after entering into the agreement to sell dated 2009, get a sale deed done in their name(MaxWorth). But till date, they have not got any sale deed done.
Ive asked if they have entered into any Joint development agreement but they said They are going to enter into a supplementary agreement, last week ie., on 10 Nov, But ive found out that they have not entered into any such agreements.How about the validity of this supplementary agreement if at all they are entering?
2)As they didnot enter into any agreement, then, On what basis could maxworth sell property to us?They also said that Vijaylaxmi(present owner) is only going to come for the registration.
3)The property had its old sy No. as 13 and again this was made into 7 sub parts as 13/1, 13/2, 13/3, 13/4, 13/5, 13/6 and 13/7 and our site lies in 13/7.So do we need to look into the documents related to other survey nos also or just checking 13/7 documents would be enough to make sure they are having a clear title?
4) The documents which they have provided say that, the land is agricultural land and is not yet converted and the same process is going on.The Co. says that it is going to take 2 months time to get the conversion, since they have no objection certificate from the intl. Airport authorities.So how good is this no objection certificate in obtaining conversion?I know that it is only after conversion the approval will be granted.
awaiting your response to my Qs.
Thankyou
ajay sethi
(Expert) 16 November 2012
dont buy the property . contact a local lawyer . it appears title is not clear and marketable
