I want to purchase a resale flat in Kasba area (Jogendra Gardens)in kolkata. The KMC sanctioned the plan, the owner has mutation certificate in his name, he has paid tax up to March 2019. But when I have approached SBI for home loan they are insisting on BLRO mutation certificate. I asked the owner about the certificate. The owner gave a certificate in the name of the owners who actually owned the land. The promoter did not mutated the land before constructing the flat. Moreover it was showing in BLRO report that the land was a pond (doba) and a garden. Now I have two questions whether a building can be constructed by demolishing a pond or a garden ? Secondly whether it will be wise to buy the flat i.e. whether I will face any problem in future when I will sell the house regarding this ?
The agreement will be done this month and registration April 2019 then how much money will I give during agreement ?
How much time it takes to get mutated in BLRO and whether the owner himself only get mutated in his name in BLRO ?
No question
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If land was pond and garden in BLRO records then how building constructed on said land ?
2) promoter ought to ha e mutated land in his name before carrying on any construction
3) file RTI application with KMC whether it is permissible to carry on construction on land reserved for pond and garden
4) whether OC has been issued by KMC
5) don’t purchase flat without consulting local lawyer
You should pay 20 per cent now balance during registration of sale deed
Get agreement vetted by local lawyer
Mutation in BLRO should not take more than 3 months
Sir if the garden or pond was private and owner with permission converted the land then the flat can be purchased further the owner can file for mutation based on the registration of the property that is sale deed.
You can give 10 to 20 percent on the agreement.
It takes around a month for the permanent mutation.
For getting your property mutated with the B.L. & L.R.O please follow the following steps:
a. Pay khajna upto date
b. Fill up the mutation form in compliance with the notification and file the same along with the listed documents to the B.L. & L.R.O.
c. Wait for two months and if the B.L. & L.R.O. fails and neglects to mutate the property, move the Court for appropriate order
This B.L. & L.R.O. mutation will not be troublesome unless there is dispute in your property.
I would not advise you to purchase this flat since the same has been built over a pand
And the BLRO report is also not clear
It will take 3 months for getting the conversion done before BLORO
Ask some local lawyer to prepare a title report for the land that you are intending to purchase and thereafter only purchase the land.
Regards
1. Pond need not be demolished but can be filled up to construct building thereupon. So, is with the garden.
2. The entire area surrounding 'Jonegdra Garden' has been constructed with multistoried building and your building also has been construed years ago establishing that the pond and garden, as was recoded with the BLRO, has long been seized to exist.
3. Arrange to file an application for converting the recod of the land from pond and garden to bastu land.
4. Based on the said application itself, the PSU banks normally allow housing loan.
5. Also ask the promoter to apply for mutating his name with the BLRO to regularise the defect.
1. The amount to be paid as advance depends on the amount both of you agree for after haviung negoitiation.
2. It could be from 10% to 25% of the cost of the property.
1.Now a days, mutation is long delayed for illegal occupation of cultivatable land in rural area.
2. However, you shall have to atleast submit that application has already been filed for the said mutation.
Most of the Banks accept the application for mutation and conversion for allowing loan being aware that it takes huge time to get the land mutated and converted now a days.
You can engage a local agent to get your said job done quickly since they have easy access to the offices of the BLRO and Municipal Corporation.