EC is in the name of Godrej proerties Ltd and all the required approvals are present except that there seems to be a couple of litigations by family members about the previous(2) sale trasacition. 1. SammmyDL->GodrejPL 2. Krisnappa->Sammy DL. Aqua is coming up in Sy No 131 and 130/6. Plot I booked is in Sy No 130/6 which seems to have no litigation. O S No. 506/2013 filed before Senior Civil Judge, Devanahalli. The said suit is filed by one Smt. Chikkatayamma against her brother G.Krishnappa, & Sammy Dreamland Pvt ltd , the same is filed seeking partition for 1/6th share in property bearing Sy No. 131 measuring 4 Acre 25 Guntas, situated at Hosahalli Village, jala hobli, Bangalore North Taluk and Sammy Dreamland Private Limited have filed an application for Rejection of Plaint, presently the said suit is pending for hearing on the said Rejection Application. Originally the said land was self-acquired property of G.Krishnappa who purchased the same under a Sale Deed dated 17.02.1981 bearing Doc No. 35/1981-82, the said G.Krishnappa after converting the said land sold the same to Sammy Dreamland CO. Private Limited vide 6 Separate Sale Deed dated 10.08.2001 and thereafter the said Sammy Dreamland Co. private Limited sold the said Land to Godrej properties Limited under a Registered Sale Deed dated 07.12.2018, registered as Doc No. 5215/2018-19. Further the Said Property is a self-acquired property of Krishnappa and Krishnappa has sold the said land in 2001 to Sammy Dreamland and the plaintiff claim for partition has no merit. The said Suit is filed with an intention to extort money from the defendants. Presently Godrej Properties are not made party to the said proceeding and there exists no stay or interim order restraining us from developing the said land. O S No. 73/2019 filed before Senior Civil Judge, Devanahalli. The said suit is filed by one Smt. Susheelamma against her father G.Krishnappa and others seeking partition for 1/5th share in property bearing Sy No. 131 measuring 4 Acre 25 Guntas. Originally the said land was self-acquired property of G.Krishnappa who purchased the same under a Sale Deed dated 17.02.1981 bearing Doc No. 35/1981-82, the said Susheelamma is the daughter of G.Krishnappa, the said G.Krishnappa after converting the said land sold the same to Sammy Dreamland Co. Private Limited vide 6 Separate Sale Deed dated 10.08.2001 thereafter the said Sammy Dreamland Co. private Limited sold the said Land to Godrej properties Limited under a Registered Sale Deed dated 07.12.2018, registered as Doc No. 5215/2018-19. Previously also the said Susheelamma had filed similar suit against Sammy Dreamland in 2002 in respect of the said property and the said Susheelamma after receiving 35 lakhs settled the matter and withdrew the earlier suit and no liberty to initiate fresh proceeding was granted by the court in the said suit.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
godrej is reputed name in construction filed
2) you can buy a flat in the project
3) it would be builder responsibility to contest suit proceedings
4) there would be indemnity clause in sale deed to indemnify you in case any claims are made in respect of flat purchased by you
Hello,
You may go ahead and purchase the property.
if the godrej has launched the project and have attained the permissions then they will go ahead and resolve the dispute.
do not worry about the same
Regards
See if in your survey number no suit is filed then you can freely purchase the property further her claim is not maintainable on basis of the fact stated by you.
Kindly check the title of the land and further encrumbances if any. Also take indemnity bond from builder for all losses occured if any.
Dear Sir,
Please see whether the following are satisfied:
1. Title Deed
This is a type of document that typically outlines the chain of ownership of the respective property. It provides full right to the owner to claim the absolute ownership over the property. While buying the property, check if it belongs to the respective seller. Check the deed thoroughly, and if have no knowledge about it you can seek help of a property agent. If the title of the property isn't in the name of the seller, then legally the property shouldn't be purchased unless the consent from the real owner.
2. Sanctioned Building Plan
Every developer at the start of the construction has to get the approval from local planning authorities. The developer has to submit the required documents for the sanctioned plan approval. So when you hunt for a residential apartment, do check if the developer agrees to present the sanctioned plan, if not then the construction is termed as illegal.
3. Completion/Occupancy Certificate
This is yet another essential document the developer of the property has to submit to the buyer. Municipal authorities issue the Completion Certificate (CC) after the completion of the project. Occupancy Certificate (OC) is issued by the local government agency after the inspection and states safe for the residents. These documents are an important part of the home loan and should be in your checklist.
4.Tax Receipt
The property owner has to present you with the legal tax pay receipt failing to which the government is authorised to impose a penalty of certain percent every month on the property buyer. So do make sure to check if the existing property owner has completed the tax regime.
5. Encumbrance Certificate
It is a document issues by the sub-registrar to check if there is any encumbrance on the property like mortgage, charges, etc. The sub-registrar issues the certificate with complete details about the legal dues pertaining to the property. It is important for the property buyer to check whether the property is under mortgage or loan.
6.Mother Deed
This document is needed when you buy a resale property. This is the parent document tracing the ownership right from the start. There are situations where the owner may do some fraud activity by undertaking the ownership of the property illegally, which will certainly effect your investment.
7. Power of Attorney
This is an important document when buying a property. It is required to know if the seller has complete right over the property and selling it. You can even check with the real owner to have a check over the enforcing of power of attorney to the seller.
8.Mutation Document:
This document contains all the details about the property including the name of the owner, property size, location, and other important information. It is issued by the municipal authority in the name of the present owner.
You can purchase said property, better consult local property lawyer with details.
Dear sir
There seems to be no problem in buying the land as it is a clear land
But still my suggestion is that you should opt for home loan fir buying the property there legal team will get full report about the land and also let you know that if the land is safe to buy or not.
If you have obtained legal opinion and if you were recommended to buy the property, you may proceed.
The suit filed by the plaintiff is not maintainable in law hence no importance may be attached to the pending litigation when all other aspects are found to be proper.
