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Legal opinion for purchase of bigar gunthewari residential properties in pune

(Querist) 10 June 2012 This query is : Resolved 
I am willing to purchase bigar gunthewari residential properties located in Dhankawadi area, nearby lokhande bridge, pune-satara road, Opp. bharati hospital, pune. In that building, there are 12 flats situated in all 3 floors amongst which one has done gunthewari 4 to 5 years back. Right now, gunthewari has been stopped in Pune. I have some issues for which I seek legal opinion for the same from your point of view are as below :-
1) Whether bigar gunthewari residential properties needs to purchased which is 22 years old.
2) Nearby that area, flyover work is going on, what needs to be checked from PMC for the same.
3) What documents needs to be derived for getting me clear title of the residential property.
4) Whether I can get the housing loan against such properties in Pune?
5) I am purchasing the property from the 2nd owner in which 2nd owner doesn't have original documents of the 1st owner for which he has taken all certified documents from duyyam nibandhak karyalaya. Kindly seek your opinion for the same. Please feel free to contact us on 9372448999 for any additional requirement.

Thanks & Regards,
Jitesh Oza
Pune.
ajay sethi (Expert) 10 June 2012
avoid purchasing the property . no bank will give you laon if original documents are missing . if you want to go ahead contact a local lawyer in pune
S Jadhav 98336 98330 (Expert) 11 June 2012
The non-regularised gunthewari properties are deemed illegal under the Maharashtra Act of 2001. Please do not purchase property which is likely to be demolished.

Since it is deemed illegal by the Government then you cannot get the title to the property. The Gunthewari system itself gave rise to illegal properties in the first place.
You will also not get a loan.
Of course you take a risk while purchasing the property like many people do hoping that the government will extend the date for regularising the property one more time in future as there are thousands or lakhs of properties involved and they also include the economically lower sections of the society.

My advice - do not purchase
S Jadhav
Shonee Kapoor (Expert) 12 June 2012
Thanks experts for telling this and enlightening others who didnot know this.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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