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rp2050 (propreitor)     12 March 2013

Wrong orientation of north direction in layout plan

Dear All,

I am purchasing a House which from a Land developer who has sub-plotted around 300 plots from the a huge piece of land. 

The key layout plan approved by the Municipal Authorities shows North orientation towards the right side of the page.

If we take the layout plan at the physical location of the site, the north should point towards the top of the page.

The builder agreed that there is a mistake in the orientation of north in the approved layout plan.

The builder said it will take a lot of time and money to get the correct orientation in the layout plan rectified with the municipal authorities.

For eg. If i am buying the unit no 321,

boundaries at physical location would be:

N-House No 202

S-Society Road

E-House No322

W-House No 320

Boundaries as per the layout plan are:

N-House No 322

S-House No 320

E-House No 202

W-Society Road

There is no numbering on the site given as of now as the Houses are under construction.

Please help me with:

1. How do I ensure I am getting House No 321

2. What should be done about error in the orientation of north in the layout plan

3. What should be the boundaries in the sale deed.

Thanks and Regards,

RP



Learning

 8 Replies

Manish Udar (www.Mehnat.IN)     12 March 2013

The architect is incompetent. Don't buy a house in such a project.

rp2050 (propreitor)     12 March 2013

I have given considerable amount to the builder. Registration is pending.

I came to know of this flaw after I had paid the amount. 

rp2050 (propreitor)     13 March 2013

Dear Experts,

Requesting your urgent reply.

 

Thanks

Manish Udar (www.Mehnat.IN)     13 March 2013

I am not sure whether giving wrong north direction in layout plan and selling on the basis of that amounts to forgery and cheating. This requires discussion with a legal expert. But you may try to get an extra drawing prepared by the builder and attach it to the builder-buyer agreement and sale deed. Frankly speaking, the builder has no choice except to get the mistake corrected at the municipal level or he may face problems from buyers.

rp2050 (propreitor)     13 March 2013

Thanks a lot for the reply. I have these doubts:

1. How can I make sure that the physical plot(House to be constructed thereon) is the one the one that is shown in the layout plan.At the physical site, ther are number of plots in a row. He points a finger at a selected plot and tells me that it is plot no: 321.

2. I believe boundaries in three things should match:

a. In sale deed

. Physical Location(I have to accept the boundaries that the builder orally tells me to)

c. Layout Plan.

Boundaries would match in Physical Location(if actually, once the houses are built and they are numbered after that as the builder tells us) and the sale deed as of now. They would not match with the Layout plan. Will I get a legally valid title in such a scenario?

Thanks again.

Manish Udar (www.Mehnat.IN)     14 March 2013

The sale documents are unlikely to be valid in such a scenario. You may face problems in selling this property in the future, or in getting it registered.

https://www.mehnat.in

Manish Udar (www.Mehnat.IN)     14 March 2013

Do you have any documents like layout plans, sales brochures, draft or final agreement to sell, etc.? I might be able to guide you or give you some tips if I can see the documents. I used to work as an architect and a teacher of architecture.

rp2050 (propreitor)     14 March 2013

Thanks. I will try to scan and upload the documents. 

Can I visit the Municipal Corporation office to get a copy of the plan/see the original plan sanctioned? I want to verify the plan submitted to me.


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