• Bank loan issue

Identified one house in 5th floor apartment (G+5) then applied loan to Andhra bank initially i verified EC of that land (local register office) then Andhra bank took all my document and got sanction from bank manager after 20 days loan manager told that my loan was rejected without proffer reason i have good CIBIL score.Bank loan manager told that they have limited fund for particular apartment so that apartment exceeded limitation.
But what i am thinking builder have not get approval for 5th floor that's why Andhra bank rejected my loan so loan manager have tie up with builder did this drama ? Now builder telling that apply loan in GIC (General insurance corporation of india )
how can i check how many floor builder got approval ?
how to proceed further can i drop or buy this apartment ?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

File RTI application with  muncipal  corporation 

 

2) check whether building plans have been sanctioned by muncipal corporation 

 

3) whether occupation certificate or building completion certificate has been issued 

 

4) if OC is not issued don’t purchase flat 

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

What is the area of land, if it`s 300 sqmtr than 5th floor is illegal. Further ask the builder to provide CC and OC. If no OC and CC, drop the idea. Illegal floor can be demolish anytime by municipality.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Sir,

In Bengaluru City most of the approvals will be G+3 or G+4 and fourth and fifth floor will be considered as Pent House. Pent House means it is a common place where residence of Apartments will be used to conduct functions etc. Please get approval plan from your builder and take consultancy of any known legal adviser.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

It is always safe to take a legal opinion before purchasing immovable property. If you need to find out the total floors you can check the sanctioned plan issued by the BBMP/BDA or any local authority. 

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

Dear sir 

You can check the approval from local municipal corporation from where the layout plan got approved for area by applying an RTI in the department.

if you have  some doubt regarding the purchase of property then you should drop the deal as in future it can be a tree for bitter fruits. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can inquire the same through rti before the corporation which grants the permission

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Hi,

You can ask the builder to provide photo copies of all the documents related to permissions he got from the competent authorities for that particular apartment.Once you get those documents,you please get them verified by the legal expert.He will guide you whether all the required permissions were there for that building or not.If any shortfalls are there after the thorough verification of all the permissions the builder received from the competent authorities,then it is advisable to not to take that flat.

 

If at all,the builder is not ready to share all the details about the permissions he got , you can approach the competent authorities who had given required permissions for that building and check whether the builder got the approval for the 5 th floor or not.If it is clear after having check with the authorities that there is no approval for the 5 th floor,you can drop your idea to purchase flat in that apartment.

 

One more thing you can do is that,you can approach another bank with all the details and request for the loan .They will also do all the research before approving the loan.If the other bank also rejects your loan application,then it might be because of  not having the approval for that 5 th floor. Banks will give the reasons for not approving your loan application.

 

you can go with any of the above ways to find out whether the builder got approval for 5th floor or not.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

1. Check with the development authority who authorizes the map in your area. You may file a RTI and enquire about the same. 

2. You first check that whether the same is authorized construction or not, if its a authorized construction then you must go ahead and purchase the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

just check the sanctioned building plans whether this 5th floor construction is sanctioned or not

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

Claim the Sanction plan of the building from the builder, he is bound to inform you about the sanction plan.

if he is not able to provide the same you may approach to the concerned authority and checked the same.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

You can file an RTI application. 

Engage local property lawyer he will check all necessary document related to building OC documents etc. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

1. You should first make thorough property search in connection with the said property and collect a due dilligence report from a local lawyer for the same.

 

2. The builder should submit copy of the Development agreement and also the copy of tye sanctioned construction plan he has obtained  obtained from the local municipal ,Corporation.

 

3. You can also enquire from the local Municipal Corporation and obtain a copy of the said sanction plan to verify whether he has constructed the 5th floor illegally or not.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Ask for the copy of approved plans from the builder and further take indemnity bond from builder that all plans are approved if not builder shall return complete amount with interest also if construction is complete ask for a OC and CC of the building further apply for loan from a nationalised bank they have better scrutiny procedure, 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have to take legal opinion from an experienced lawyer ion the local other than the bank lawyer or the builder's lawyer.

The lawyer will demand the master plan approved by the competent authority and will find out that this 5th floor as illegal construction or not.

If there is no transparency with the builder you may better drop the plan to buy this property.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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