• Is it good to buy Non DC converted plot under Punchayat Khata

Hello,

I am planning to buy already constructed building in bangalore limits.
Details about plot and building as Below.
1. Under Punchayat 9/11 Khata
2. Non DC converted
3. Gated Layout approved by Gram Punchayat
4. Building plan approved by Gram Punchayat
5. Layout approved by Gram Punchayat
6. Currently owner has taken Home loan from the bank and land papers are hypothecated on the name of the Bank.


I have personally visited Subregister Office and applied and received Encumbrance Certificate for last 15 years from Sub-register Office. It was a Agricultural Land of a family in the villege and they have converted to gated layout taking Grampunchayat Approval but it is not DC converted and does not fall under BBMP.

I have Visited Gram punchayat personally and saw the register of 9/11 Khata to check plot owner has been registered under gram punchayat, entry for the plot and the owner is verified.

Is it safe to go with this plot + constructed building ?

My concern is.
1. Since layout is not a DC converted and building has been already constructed and it was a agricultural land before converting to Layout, do i face any legal Issues once Layout owner applies for DC conversion?
2. Is there any chances being cheated from the owner?

If property need to be verified as a background check, what extra document need to be collected from the owner? Currently i have following documents.
1. Encumbrance Certificate - 15 years
2. Gram Punchayat Khata - 9/11
3. Building plan approved by Gram punchayat
4. Layout Approval approved by Gram punchayat
5. Sale Deed of the plot registration
Asked 6 years ago in Property Law
Religion: Other

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6 Answers

1. Well, if the building pan is duly sanctioned then it is considered to be safe. However do take information whether conversion of such land is prohibited or not.if no such prohibition is in place then conversion is a matter of time.

2. If the owner has valid title over land and all the necessary permissions and licences from the concerned public authority then it should be safe to proceed with.However while proceeding further do make a proper agreement with the owner.

3.No purchase of any proeprty is advisable without getting all the documents checked from a local lawyer.

All the best.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Check the revenue record at tehsildar office.. If he has a registered sale deed in his name it is sufficient proof of his ownership .. There is no way he can dupe or cheat you in any manner after transfering the plot in your name

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hi,

As per law the Grama Panchayath has no authority to issue layout plan and more over if you going to buy the non converted agricultural land then you are facing the risk as per the provision of the Section 79 A & B of the Karnataka Land Reforms Act.

2. My considered opinion you have to think before purchasing.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Ask the layout owner to apply for DC conversion

2) only after conversion is granted should you buy the constructed building

3) in many cases sellers cheat the purchasers

4) in such a case you have long legal battle ahead

5) consult a local lawyer before you purchase plot plus building

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

It is advised that you dont go ahead and purchase the property, there might be issued if you now apply for DC conversion.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. It is not advisable to buy the property which has been built on an agricultural land and has not been approved or converted to NA by DC.

The danger of demolition in the future cannot be ruled out, the authorities may initiate any action at a later date.

2. The gram panchayat has no power to approve the layout, hence this is an eyewash approval. When challenged then this will be considered as invalid and illegal, the chances of legal action to follow are brighter.

1. Encumbrance certificate is not a title document.

2. Gram panchayat khata is not valid and recognised in law.

3. Not valid

4. Gram panchayat has no power to approve layout, it vests with various other authority.

5. Without NA conversion, the layout cannot be approved and hence the plots are unauthorised therefore the registered sale deed of plot also may not have a legal recognition.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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