a kharab (uncultivated) land like Pathways, water courses, kart track, rock formations, lakes, trims belongs to the public in other words it is the property of the Government.

Even with out the permission of the Government if any construction put up on the same have to be vacated and the nature of the land should be restored.

under the circumstances it is advised not to purchase property where the construction or part of the construction is made on the Kharab land.

Do not proceed to purchase this property or wait till conversion made by the land owner.

It is only due to the defect(s) in property, that the nationalised banks are hesitant in giving you a offering a home loan against this property.

The bank lawyer must have conducted a legal due diligence and filed an adverse report, due to which the Bank are not inclined to give you a home loan.

Land is to be used strictly in accordance with its nature. Conversion charges will have to be paid, together with the applicable penalty etc., to get the land use converted. All this could be cumbersome and perhaps this is the reason why nationalised banks are not inclined to give you a home loan. Municipal corporation might issue a notice etc. in future.

Although you can sell the property, it will be difficult to find buyers for this property.

Hello,

I would not advise you to purchase the land as the land use has not been changed and this is the reason why most of the nationalized banks are not ready to give you the loan as the lawyers for the bank would have said no for giving loan on a disputed property.

Though you can sell the property at a later stage but it will be difficult for you to find a purchaser as the same happens to be a disputed land. Municipal corporation may send you notice etc in future.

Regards

Hi, before buying the property , you can ask the builder or developer to show the sanctioned plan approved by the competent local authorities .. You can also verify at the local municipal office , whether the land is under municipal corporation .. If municipal corporation is obtaining tax from the flat owners , there should be no problem in acquiring the property

Don’t purchase the property as on part of land there used to be water body and no conversion has been done by the authorities

2) the fact that nationalised banks are rejecting your loan application implies that title is not clear and marketable

3) you would have problems in selling property in future

Dear Client,

Check in the municipal records, under whose title the "doba" is. As natural ponds and of such nature are exclusively under govt. domain,so it may always be under threat of govt. recovery.

Not safe

Yes you can claim the amount back without any penalty since you are not at fault.

If the promoter refuses to give you back the entire amount then file a case in the consumer forum.

Claim damages for mental harassment and also cost for litigation

Regards

You don’t have to pay cancellation charges if title of seller is not clear and marketable

2) in your letter to seller mention that you are cancelling deal as Bank is refusing to sanction loan as title is not clear and marketable

2) if seller refuses to return your Rs 6 lakhs then sur the seller to recover your money with interest

Hi,

The sellers have no clear title of the property in the question they have to refund the application amount bed with the sale deed I believe the sale deed is not yet registered.

If not you may file a money suit in civil court to refund or a criminal complaint u/s 420 and 406 in the court of your police station.

1. Has the builder got construction plan sanctioned from the local Municipal Corporation? Has he already constructed the building without availing the construction plan sanctioned? If he has not yet got the plan sanctioned then it will be difficult for him to get the plan sanctioned because of existence of the said 'doba' now.

2. If there is 'doba' mentioned in the land on which the building has been constructed or to be constructed, then the builder should arrange to get an application for conversion filed by the land owner and against such application for conversion, Corporation some times sanction the building plan.

3. It is certainly not safe to buy a flat whose sanction is uncertain making the construction illegal.

4. When the construction of the flat is illegal then it will be difficult to resell it.

1. The vendor/builder has entered in to an agreement to sell you the flat for whose construction, the plan has not been sanctioned by the Municipal Authority.

2. The above agreement for sale is illegal hence void at law for which he is required to refund you the entire amount paid by you with interest and cost.

3. File a complaint case before the local District Consumer Dispute Redressal Forum against the vendor/builder alleging deficiency in service and unfair business practice claiming refund of the entire amount paid by you with interest, damage and cost.

4. Engage a local lawyer having expertise in this field since it is a good case to win.

To answer this, you need to reproduce here, the relevant clauses from this agreement to sell.

Generally speaking, since you are not at fault and it is because of the fact that the property is not having a marketable tittle that your forced to move out of this, you should be getting a full refund of your deposit.

You would have been informed about the reasons for rejecting the home loan by the bank.

The reason would enlighten the subject issue and opine the safety of venturing into this investment or not.

Have yo taken a legal opinion from a local lawyer by producing the copies of the relevant document related to the property?

What is the opinion of the lawyer.

The private banks may nod their head for anything, but when problem arises they will be merciless to recover the loan amount

The property documents are to be seen to render a proper opinion, however if ther is a mention about the water body in the document, then yo may have to aproach the land revenue department for either conversion or regularisation as per rules.

Now the matter of concern is I have already done sale agreement with 6 Lakh rs to promoter. If now I cancel the agreement as I am not getting the loan and there is a dispute in the property. I have to pay the cancellation charge(15% mentioned in sale agreement )??

You may inform the builder/promoter to clarify this issue and get the approval of loan from bank without any dispute.

As the reason for cancellation is not from my side. Why should I pay the penalty? Can I get back my whole money? Please guide me on these legal technical things. What is the legal procedure?

If the builder is not having proper answer to this problem, then you may instruct him to refund the entire booking amount by cancelling the booking or drag him to the consumer forum for relief.