House build during grampanchayat now unable to sell
kalapurakal lonafose joseph
(Querist) 08 May 2013
This query is : Resolved
Sir,
I had purchased a house in 2003. Today I want to sell, but I cannot as the house was constructed during Gram Panchayat in 1992 without any permission. Today I want to regularize it by paying back dated penalty.I am regularly paying Property Tax every year. The land is Collector NA and the common 7-12 is available for the society. But there is no guntewari or blue print of the house. Kindly let me know the following :
1. Likely amount I am suppose to pay as difference/penalty for a total area of 1600 sqft area (built up area is 1000 sqft) and the construction is 20 year old now.
2. Whom should I contact and in which office I should consult. The house is in Vadgaonseri, Pune 14.The initial sale deed was done in Haveli II and the last deed was done in Haveli III.
3. How many months will it take from paying the amount in order to get the required documents regularised as I can think of selling the house accordingly
Kindly guide me
Advocate Ravinder
(Expert) 09 May 2013
You have to regularize it in the local municipal office/Municipal commissioner. The rules and procedure differ from state to state. You have to pay the penalty and regularization charges. By paying property tax, the problem will not be cured.
please check up whether the layout is genuine or not. If it is not genuine, you have to regularize even for layout also. This will be an additional burden for you.
To my knowledge, if you follow up properly, it will be done in five to six months.
Raj Kumar Makkad
(Expert) 09 May 2013
Go through the scheme of inclusion wherein the gram panchayat area was merged in municipality. The rules of approved site plans cannot be with retrospective effect in that event rather the rules shall be effective with prospective effect. Better to engage a local lawyer and do as advised by him.
prabhakar singh
(Expert) 09 May 2013
I absolutely agree with Mr.Makkad's advice.
Unless there existed a rule to get a construction plan passed by Gram Panchayat itself at then,no irregularity exists here.