• BMRDA/Apartment plot approval verificaton

hi Sir,

Currently i am going to buy an apartment plat in Electronic city.They are saying it is BMRDA approved property having around 50+ units .Now my question is is it required to get verified all the approved documents given by Builder or can i go ahead without verification because all the plots are almost sold out and top banks giving loans.that mean can i assume all approvals are fine to go and buy.

if you recommend to verify once from our side then please let me know the check list to get legal verified.

Thank you sir in Advance.\

Asked 3 years ago in Property Law from Bengaluru, Karnataka
1) it is always better to get documents furnished by builder vetted by lawyer . 

2) check whether building plans are sanctioned .

3) check whether title is free and marketable . take 30 years title search . 

4) check whether completion certificate / occupation certificate is issued by BMRDA 

5) you can also obtain bank loan for buying the flat. . bank will do due diligence before sanction of loan .
Ajay Sethi
Advocate, Mumbai
45474 Answers
2672 Consultations

5.0 on 5.0

1. It is never far of from danger to buy a property without checking the property papers.
2. The govt. owner builder or land developer does not enjoy any immunity from law if it violates or lacks manadarry provision of law.
3. Do engage a local lawyer and get the relevant papers checked by him before buying the property.
It is very essential to do so.
4. All mother titile deeds, sbaction of givt. to dedvelopemt the rea, sanctioned building plan etc are basic documents to persuse. The list varies with nature of land.
Devajyoti Barman
Advocate, Kolkata
12818 Answers
166 Consultations

5.0 on 5.0

1. Carry out the necessary due diligence before purchasing the property. Due diligence, if not carried out, is an open invitation to a long drawn litigation, the result of which is always uncertain. 

2. The real estate sector in India is not transparent. Thus, due diligence assumes all the more importance when buying from a private builder.

3. You should ascertain if the title is clear and marketable. The title deed should also be inspected. Whether necessary sanctions have been accorded or not should also be established. 

4. It also should be ascertained whether there is any disputing relating to this property or the land underneath pending in any court of law.

5. Do not sign the agreement without getting it vetted by a lawyer. Involve a lawyer at every stage before the purchase.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, it is better you have to verify the documents from advocate and get legal opinion because you have invested  hard earned money better once you get an opinion from the advocate.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

A. Dear friend, ignorance of law is no excuse, you have to scrutinize the title verification minimum 43 years. What is the mode of acquisition of title? Is there any encumbrance/ loan over the project? Has the builder obtained planning approval from the BMRDA OR BBMP? Is it OC or CC project? Whether the project's property has come under the PTCL jurisdiction? etc.

B. Unless obtain clear title verification from the legal expert, don't purchase the flat.

C. Generally, people will purchase the flats based on the bank loan approvals, but 40% illegal projects have obtained bank loan approvals in the Bangalore City. Usually, a bank will sanction the loan based on the income of the applicant, mortgaged the property and the banks are pondering over the interest on the principle amount. You have been handed over the all security over the debt, i.e., PDC, check, Promissory Note, Loan Agreement, Guarantee (Surety) etc. And Moreover, the bank's legal team cleared and compromised with the legal report under the pressure of the Sales Team's business target.

D. Kindly consult local expert advocate.
B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

1. Be whatever may, get all the papers/documents provided by the builder thoroughly checked,

2. Check the title deed of the land owner, develiopment agreement, mutation records, tax payment receipts, sanctioned building plan, building completion certificate,

3. Preserve the brochure issued by the builder, if any,

4. take Bank loan to pay the price of the flat to ensure that the Bank gets the documents checked through its lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

Now days increasingly, developers are advertising layouts carrying an 'Approved by BMRDA' tagline to make the sites appear clear and more alluring. BMRDA has even issued circular, warning property buyers not to fall for false claims. If any of the  conditions issued by BMRD has seen violated, then the approval is revoked with immediate effect without prior notice at any time . 

Actually layout approval should come from the local planning authorities and not from BMRDA directly. So check for related documents to ensure that the buying property is approved by these planning authorities.

So Check
1.	Whether builder obtained planning approval from the BMRDA ?
2.	The title deed of the land owner, development agreement, records related to mutation, tax payment receipts, sanctioned building plan, building completion certificate
Ajay N S
Advocate, Ernakulam
2766 Answers
47 Consultations

5.0 on 5.0

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