• UDS provided along with other project which is not yet DC Convert

I am purchasing an apartment in Bangalore which is having the project plan approved for Survey number 6/4 and 9/1 in Bhoganahalli Village, Varthur2 Hobli, Bangalore east. My apartment will be in 6/4 as a part of this project. Adjacent project of the same builder and same owners will share the amenities with this project.

However, when providing undivided share, builder has provided 35% share of 4 Surveys combined(6/4 and 9/1 of original project, and 60/4 and 59/4A1 surveys of Panaturu Village, Varturu Hobli, Bangalore east(adjacent land) which also belongs to the same owners). 
6/4 and 9/1 are DC Converted NA lands, however, DC conversion/NA orders have not yet come for 60/4 and 59/4A1 surveys. I am now concerned if this is an issue? If DC Conversion happens later for these, is it fine - given that my property is constructed on DC Converted land. What are the potential demerits of this?
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) in your case project plan is approved for survey number 6/4 and your apartment falls in survey no 6/4

2) since 6/4 is DC converted land you can purchase apartment

3) as far as undivided share in agricuktural land is concerned there must be a clause in your sale deed that builder will compensate apartment owners in case application for DC conversion si rejected

4) amount of compensation should be mentioned in agreement

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. Generally the conversions are done beofre the building plan is sanctioned.

2. So check whether the building constructions is done as per sanctioned plan and what is mentioned as regards the nature of land.

3. The conversion of land and sanctioning of plan are interrelated and varies in every state.

4. If there sanctioned plan is validly done and the constructions is going on as per the plan then it is not of much concern.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The questions what you have put here are based on mere information provided by you, hence any opinion given without seeing the relevant papers or confirming the details about the project, various approvals, status of the property on which the project is coming up, etc,, shall be a misguidance.

In case of all such doubts, you should always take a proper legal opinion before investing huge amount into the purchase of property which is suspected to be ambiguous.

The legal opinion by an experts lawyer after having produced before him/her all the relevant papers/documents shall be more helpful for you to decide about proceeding or not in the matter.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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