No. You shall not be covered under rule 10(3) of BDA.
BDA
Hello Team, As way of introduction this is Vijay from Bangalore . My dad had applied for a plot under the newly formed Kempegowda layout and has been alloted a plot. Now before paying the balance , I was informed by fellow allotees of Rule 10(3) of BDA - which states --- “No person who or any dependent member of whose family , owns a site or a house, or has been allotted a site or a house by the BDA, or a co-operative society registered under the Karnataka Co-operative Societies Act, 1959 or any other such Authority within the Bangalore Metropolitan Area, or has been allotted a site or a house in any other part in the state by any other Urban Development Authority or the Karnataka Housing Board or such agency of the government, shall be eligible to apply for allotment of a site.“. Now , my dad has 3 sons , including me who has a privately owned house in bangalore. Whereas my other 2 brothers or neither my father have any plots/house in Bangalore . Since my father is retired am applying for a loan on his behalf , would I come under Rule 10(3) of BDA .
Asked 5 years ago in Property Law
Religion: Hindu
7 Answers
you would not come within ambit of section 10(3) of BDA as you are not dependent on your father
I comprehend that you own a House whereas neither your 2 brothers or father own any property in Karnataka. Your father has applied for plot in KG layout.
I belive there is no need to worry as the word dependent in the rule 10(3) of BDA does not include your father. Even if there is any objection from BDA all you have to show is that you are living seperately while your father has purchased the plot from his own income and your father is not dependent on your income.
Since the house is owned and purchased by you and yyou are not dependent on father or has taken money to purchase the house this shall not be covered under the Rule 10(3).
Dear Sir,
You do not come under the above definition. More accurate legal advice can be given on perusal of relevant details and family history.
Hi
1) Rule 10(3) of BDA has to be read conjointly with Rule 11 (2) (ii) of BDA (Allotment of Sites) Rules, 1984
2) Rule 11 (2)(ii) reads as follows "In respect of the categories (a) to (h), the Authority shall consider the case of each application on its merits and shall have regard to the following principles in making section.- (i) The marital status of the applicant, that is, whether he is married or single and has dependent children; (ii) The income of the applicant and his capacity to purchase a site and build a house thereon for his residence"
3) It appears that allotment was made to your father , given the fact that he had retired from services and that he did not have any plot / house in his name in bangalore.
4) Now since you have a privately owned house, in order to ensure that the Allotment made to your father is NOT cancelled, you should ensure to demonstrate that
a) You and Your father are living independent of each other and
b) Your father does not depend on your income and
b) Your father has his own source of income for purchase of plot and also build a house thereon for his residence.
5) In case you are applying for a loan to support your father , you should ensure that the loan so availed by you is
a) Solely based on your income and independent collateral security provided by you
AND
b) That the property allotted by BDA should not be used as collateral security for the loan in the event of loan being sanctioned to you.
c) However there is NO bar in the event of you standing as a surety or guarantor to the loan availed by your father.
6) It is important to demonstrate that both you and your father are maintaining "Arms length" distance so as to demonstrate the fact that both of you are financially independent of each other.
Hope this information is useful.
You may first contact a local lawyer with all the details available with you.
Discuss the subject matter elaborately based on your circumstances and then decide further course of action.
