Katha Related Issue
Krishnamurthy
(Querist) 04 August 2011
This query is : Resolved
Hi,
I am planning to buy a property in Gottigere (Bangalore South). The builder has constructed 4 Row House in 2 Plots (No 117 and 118). He has got the Plan Approved from BBMP for 4 Floors (Ground Floor, First, Second and Third). As per the Plan he is supposed to leave Ground Floor for Parking Completely and Living, Dinning and Kitchen in First Floor, 2 Bedrooms in econd and Third Floors.
He has now construed Kitche, Dinning, Living and Car parking in the Ground Floor and 2 Bed Rooms in First Floor (It is a Duplex House and the plan is also approved for Duplex House).
He has devivated from the BBMP approved Plan. What will be the implication of this deviation in Construction. Do you suggest i proceed for buying as builder says it is not a major issue. We may have to pay some penalty in future when Akrama and Sakram comes.
But i hear from Some people that even if the Bank Loan is approved by bribing BBMP katha transfer will not happen as there is devisation in the Plan.
Kindly give your suggestion / recommendation
Ajay Bansal
(Expert) 04 August 2011
Avoid purchasing of this property.
M/s. Y-not legal services
(Expert) 04 August 2011
Mr.bansal, simply you are stating that AVOID PURCHASING OF THAT PROPERTY. If you want give opinion mean you have to clear that author sir. Don't say simply. As a senior member its not fair . Better you may avoid this query instead of confusing the author. Just think your self, you will realise your mistake.
M/s. Y-not legal services
(Expert) 04 August 2011
Dear krishna murthy better you may consult your local advocate.. I feel here no deviation made out. As rep your statements builder association got approval for 4 floors. Now building 2 floors only. Its not deviation. If they tried to build a 5th floor thats deviation, if any prior agreement between you for 4 floors, now they building 2 floors mean thats breach of contract. This is my suggestion. So just clear with your advocate. Cos we don't know the exact details and the local customs. So..
ESTHERPRIYA
(Expert) 09 August 2011
Look plan approval and deviating from the same happens in many builder case. You have to check whether it is major or minor deviations. Minor deviations are allowable to an extent under law and you can get completion certificate from BBMP with respect to the property. But if it is a major deviation, then you cannot get completion certificate and property building approval is questionable one. IN your query you have stated that as per the plan. Kindly check whether it is approved plan and any revision has been made by the said builder. In case it is revised then your problem gets solved.
