saurabh (assistant) 03 September 2016

Flat in grampanchayat- development by builder

Dear all,

I have seen a flat which its under construction and the area is in under grampanchayat. Below are some highlights of the papers i am having and land details. Please suggest if it is ok to buy the property or there can be any dispute in future and also if you can help me with the documnets which are must for buying flat in cush cases.

1) The owners are 3 brothers having their owned houses on same land where the building is getting cinstructed. In short- It is a developmnet if old house of owner but construction of building with tie-up with builder on owner ship rights sharing basis.

2) Builder and the land owners are agreed on 60:40 ration (60%builder and 40% owner). Owners will posses ownership rights on 40% of flats and builder will have 60%

3) A power of attorny has been made between both of the- in which - builder has given rights to sale property of his 60% share- Abt 10flats and rest will be taken by owners

4) An NOC from owenrs has been given to builder for construction of binuilder in place of theris houses

5) Under power of attorny - Bulder has rights to sale and afert selling to give NOC and OC to society formation

6) a development agreement is made for development of owners houses

7) as the area is under gram panchayat- Plan is approved by GP, Permission is granted by GP

8) Loan is permitted only by selected co op bank and pvt institutions as it is a GP Area

Please suggest, your views are valuable for me as i will give money earned after hard working and it is the only money i m having

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5 Replies

G.L.N. Prasad (Retired employee.) 04 September 2016

The proper procedure is filing application and seeking information on terms of such approval and approval terms and conditions by Panchayat.

Now some Builders have joined hands with Panchayat, and securing permission from them, though the panchayat is not having such powers, and such jurisdiction was given to a different authority.

Proper course for investing life savings and for a happy home is consulting a sincere advocate and seeking a clear legal opinion (Specially Bank's advocate of the builder)

saurabh (assistant) 05 September 2016

Thanks u for replying on my request

The land must be a residential as the owner is are readdy residing at same place since very long.

I also asked the builder that the grampanchayat has no rights to approve bldg plan as it hsould be done by Nagar palika, collector or town planning authority.

He said that bldg plan is approved by Vikas Adhikari (may be from gram panchayat)

secondly- The loans are only granted by pvt financial institutions like, AU Finance, Gruh Finanance, Shubham Finance, - till now

builder in process to get the load sectioned from local co op banks whci he will update mi tomorrow...

Yous view required on- 1) Do the vikas adhikari have rights to approval building plan or not 2) Actula who is right authority to approva building plan even if the property is in Grampanchayat area i.e. Gavthan area 3) If Co op bank accepts to grant loan then should i go ahead for purchasing it

thanjs

G.L.N. Prasad (Retired employee.) 05 September 2016

Collect the address of Vikas Adhikari, and file application to State Public Information Officer of that Authority and seek specific powers of such Vikas Adhikari on the basis of which the building No..........at .................was approved, and entire copies of papers connected with such approval. Follow RTI Rules and regulations as stated in their website in format of application and fees.

Members can not give any advice/suggestion for investment purpose and you should take your own decision .

G.L.N. Prasad (Retired employee.) 05 September 2016

Members can not give any advice/suggestion for investment purpose and you should take your own decision .

G.L.N. Prasad (Retired employee.) 05 September 2016

2.File Application to Nagar Palika (Town Planning is their dept and not a separate entity) and seek information the powers of Nagar Palika in giving building approval for Grama Panchayat of Gavthan area. (RTI Application to SPIO, Nagar Palika with RTI fee of court fee stamp of Rs.10/- Seeking information as follows:

"Please provide the name of authority that is empowered to sanction building approvals for constructions in......................Village."

Members can not give any advice/suggestion for investment purpose and you should take your own decision .