If layout by builder has been duly approved and reputed  public sector banks are willing to give loans for purchase of residential plot you can consider buying plot on resale basis 

2) check whether seller has original title deeds of the property 

3) consult a local lawyer before you purchase residential plot 

If it's approved then you can buy.  Pls verify the same with panchayat

If the plot is located in gram panchyat then approval authority is gram panchayat only go for title search of the plot if the title is perfect and also there is bank loan so though it.verfied then also take a title search and you can purchase the plot.

1) ask seller to first carry out mutation of plot in his name 

2) pay outstanding property taxes dues 

3) then only purchase plot from the seller by registered sale deed 

Dear Sir

If seller not having katha in his name then it should not be purchased. You will have to invest hard earned money. You are purchasing not the property but litigation. So please avoid and go for any other property having clear property. Tension is the main criteria to be avoided.

Consult a local property lawyer before purchasing the said plot. 

Then it's not feasible to take the plot

See ask him to pay the complete tax till date and ask receipt of same and transfer the khata in gram namuna records then from his name it would transfer to.you.

The panchayat approved plans are not legally valid 

Till May 2005, private developers of layouts were selling all the sites in the layout after getting approval from Local Planning Authorities. Most of these projects approved prior to 2005 are incomplete in many aspects. Most of the sites of these projects are sold fully and purchasers of sites in these projects are suffering without water, electricity, roads, drainage and other infrastructure.

In May 2005, BMRDA issued a circular which stipulates that after approval, the developer can sell only 60 per cent of the sites. As per this circular, all LPA started the procedure of releasing the specific sites to the extent of 60 per cent of total sites. As per the circular, a builder who has got approval for a BMRDA layout cannot sell more than 60 per cent of the total sites and should develop the entire layout within five years. The rule also states that if the builder fails to develop the layout, BMRDA can sell the remaining 40 per cent sites through auction and develop the entire layout.

The legal lacuna here is how the BMRDA can reclaim rights over the land after transferring it to the developer. Upa Lokayukta Justice Adi Says, “The 2005 circular is the reason for the sudden increase in the approval of layouts. There is no clarity in the circular about the next course of action when a builder fails to develop the layout. Moreover, the circular stipulates that after approval, the developer can sell 60 per cent of the sites. In some cases, builders were allowed to sell all the sites, but layouts still remain undeveloped.”

The Upa Lokayukta has directed the officials concerned to prepare an action plan to take action against the developers and also on amending the May 2005 circular.

 Section 17-sub-sections (2), (2A) and (2B) of KTCP Act that deal with layout approvals will be tweaked. The end result of this change in the rule book would mean: developers of private layouts will have to complete all necessary infrastructure work like roads, water supply and sewerage lines, electricity connection, relinquishment of parks and open spaces to the planning authorities, only after which the site allotments will be allowed. The developer has to create the infrastructure in a manner where buyers can go in for immediate construction after registration of sites.

Therefore you may better consult  a local advocate get his opinion and then proceed.

The seller cannot obtain Khata now at this stage and he will ignore your calls ion this regard in future if you ask him to cooperate post selling this proeprty to you.

He has also not paid he taxes  hence it is advisable to keep off from buying this proeprty which has lot of lacunae.

With fraudulent realty companies mushrooming in the city’s property market, the amendment to KTCP Act comes as a welcome move. Many buyers fall prey after seeing attractive ads and struggle later to get money back or infrastructure in the layouts. The New amended act protect the buyers interest provided it is implemented sincerely by various Government Departments.

1. As per the information mentioned in the present query, makes it clear that you have rightly inquired about the property and which is also appreciable at my end.
2. Khata may be done after you go for the purchase, there is no problem in that as the seller will give the NOC for the same as the same has been bought from him by you.
3. But, please tell him to clear the property tax or put clause in the agreement to sale as to he would pay/ clear all due tax at the time of executing the final sale deed before the registrar’s office.