• Is conversion certificate mandatory for future sell?

I have booked a flat in a semi-complex having 3 block. the property stands on 4 different plot no. one of that is under DOBA land classification but developer is not clarified that which block is situated under doba. they made  a pool within the complex and said pool situated on doba..even they have not interested to collect Mouza map or not prepared proper sketch of land. they made a Notary Certificate where self explanatory has been made as no construction has been made on doba. is it sufficient???? they haven't interested to apply that particular dag no for conversion. under this circumstances, may i proceed to purchase that flat or refund the money.
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu

Yes parcha and land particular need to seen during purchase.

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Then how come u made agreement without dag no and khatian no.

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Notary certificate is not suffice t

2) check whether building plans sanctioned by the authorities

3) check whether OC is issued by muncipal corporation

4) obtain title clearance certificate from Lawyer that tile of builder is clear and marketable

5) if title is not clear and marketable then cancel the booking and seek refund of your money

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

You must take inspection of original documents of title

2) check whether title is clear and marketable

3) cancel your booking if builder fails to permit inspection

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Yes the conversion is important otherwise the construction may be deemed illegal and it can be demolished.

You need to verify the title of land is clear and marketable as a notary affidavit doesnot suffice on construction sanction from authorities is required for building plan and construction.

Verify original documents with help of local lawyer if there are no proper sanctions and title kindly cancel and seek refund with interest.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1) You have to check all property papers and municipalities layouts plan where the sanction land made for DOBA and building land. So you can easily check your property where it has been located.

2) If the property is not declared by builder than ask him for registered paper which is he had made it not notarized paper.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

1. Do note that no construction is permissible on Doba land nor can it be converted into bastu land.

2. However there is no restrictions in erecting building on adjacent plot of lands provided the pond is kept intact.

3. Since no multi storeys building is possibile without a duly sanctioned building plan issued by the local municipality, refer to thus to find out anomaly on this.

4. If there is no sanctioned plan as yet please do not proceed with the project further.

If you show the available documents with me then I can give further advice.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Before purchasing it is the dutyof buyer to check all the documents and it is the duty of the seller to provide such documents to the buyer. If the buyer is not satisfied then he/she can ask a third party to cross check so that the buyer doesn't face problem in future.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1. You can obtain the Mouza Map yourself to understand which Dag No. of the land has been classified as Doba land.

2. Thereafter you can identify yourself or with the help of a Amin/Surveyor the said Dag No. classified as Doba and verify whether pool has been created thereupon or not.

3. After being satisfied about the fact that the construction has not been made on Doba you can decide to buy the flat.

4. Apart from that you should collect the photocopy of all the deeds pertaining to the land and made registry and court search collecting due diligence report from a lawyer.

5. You should also verify whether sanction for the construction plan has been obtained by the Developer or not.

6. The best way to get the property checked is to apply for the loan and get the prop[erty documents verified by the Bank lawyer.

7. Without being satisfied about the validity of the construction, you should not buy the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
22508 Answers
594 Consultations

5.0 on 5.0

1. Since you have already executed the agreement, now collect the property papers and get the same checked.

2. If anything unlawful is found in the project, you can cancel the agreement on the said ground seeking refund of the amount you have already paid to the developer.

3. If he refuses to refund your advance amount, file a complaint case before the local District Consumer Dispute Redressal Forum against the Vendor alleging deficiency in service and unfair business practice claiming refund of the money paid by you with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
22508 Answers
594 Consultations

5.0 on 5.0

Yes, conversion is mandatory. No notary affidavit in that respect is sufficient. To be on the safeside conduct a search at concerned BLLRO office mention the details of the land (dag no. Khatian no. Etc.) Upon which your building is situated. Land nature should have to be BASTU.

Tathagata Sarkar
Advocate, Kolkata
9 Answers

4.0 on 5.0

I suggest you to ask them to refund the money as they themself are not doing it in a legal manner.

If they say anything approach the appropriate authority.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

It's better to claim refund.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

Go ahead and invest in this project only if the builder is having a clear and marketable title over the land in question.

Better, engage a local lawyer to do a title search for you.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

I would not advise you to purchase the said piece of land since they have not made clear as to on which part which construction has been made

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Do not pay any advance.

Ask them to show the papers, if they do not do so then invest your money in some other property

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Since this is involving local rules and the vendor seems to be irresponsible about getting proper approval for conversion, you may better take an opinion from a local lawyer or better keep off from buying the property and if you have paid any advance, you may demand the return of the same.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

i have made agreement and paid 10% of total value.they told me before agreement they couldn't show any property paper. then??

If they do not show you the papers even after paying 10% of sale consideration, you may better ask them to return the same since you cannot grope in the dark.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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