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Archu (asa)     15 August 2009

Residential / Commercial

I want to purchase a property in bangalore which has many problems. Request your knowledgeable advice please.

1. Permission taken to built 4 storied residential house (duplex type), but owner has built 8 individual units in 4 stories and given for rent

2. Total land area as per sale deed is 1000sft, whereas the actual land and as per plan are only 700sft. Rest of land is not there. he says, someone occupied.

Can anyone please tell, if I want to purchase this property, what all the documents I would require ?

While registering can I go for 700sft land only instead of 1000 sft. If yes, any special document requried ?



Learning

 3 Replies

A V Vishal (Advocate)     15 August 2009

1. Permission taken to built 4 storied residential house (duplex type), but owner has built 8 individual units in 4 stories and given for rent

Ans: Violation of building permission, muncipal authorities have right to take action including demolition.

2. Total land area as per sale deed is 1000sft, whereas the actual land and as per plan are only 700sft. Rest of land is not there. he says, someone occupied.

Ans: Check the claim that area has been occupied, if some one occupies 300 Sft I think that the builder is not meek and submissive into parting with the land. check any complaint has been lodged or any civil suit is filed or pending.

3. Can anyone please tell, if I want to purchase this property, what all the documents I would require ?

Ans: Check the title of the property, take EC from registration office for 12 years and verify all the link documents. If any one has purchased a flat in the said property with a bank loan then request them a copy of the legal opinion which will speak abt the technical legalities.

4. While registering can I go for 700sft land only instead of 1000 sft. If yes, any special document requried ?

Ans: Yes you can proceed in case all the docs are in order, however the fact that only 700 Sft is registered out of the 1000 Sft should be mentioned in the deed.

1 Like

aruntrivedi (lawyer)     15 August 2009

Vishal is right and good answers. thanks.

Archu (asa)     16 August 2009

Thank you Vishal.

I verified the legalities. It was a grandfathers land (given by Panchayat office in 1952 saying not to sell), registered to his only son in 1973 by the grand mother as grand father is died. Later that son divided to his two sons in 2004. in EC 2004 registraion is reflecting, but 1973 registration is not reflecting even though I take EC from 1970. Builder has the document of 1973, but not sure why it is not reflected in EC ? Will this cause any problem ? Not sure what this panchayat land is ? Builder say, there is no office of panchayat now and no one will verify what is mentioned in panchayat letter.


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