1) file RTI application with GHMC as to whether flat on east or west side is mortgaged
2) in alternative ask builder to obtain necessary clarification in writing from GHMC
3) you can never trust the builder
Want to know which flat in apartment is actually mortgaged to GHMC (10% area mortgage rule)
Hi, We are planning to buy a flat in a apartment under construction(60% completed) in Hyderabad. We have approached the builder. This apartment has 5 floors in it (+ Stilt for parking). Each floor has 2 flats in it (one on east facing and the other on west facing).The builder said on the first floor, both flats are available for sale. We have given 1 lakh rupees as token amount and agreed to pay 1st installment in the next few days. The issue is, as we have verified the GHMC approval for construction document for this apartment (given as part of link documents by the builder), it was mentioned that : Floor to handover - First floor. When we have asked the builder about this, that the first floor is in mortgage to GHMC (according to the 10% mortgage requirement by GHMC, which would be released after the building got OC), the builder said that the flat on west facing is given as mortgage to GHMC while the flat on the east facing is the one we want to buy. The Built up area of the west facing flat is equal to 10% of the entire Built up area of the 5 floors in the Building. The builder gave us building plan given to GHMC, which shows a wording saying 'Built up area to mortgage' which is written on the west facing flat as said by the builder. As we have verified in the EC for this plot, we saw that there is a record that 1 flat size square meters of area is mortgaged to GHMC, but it is not mentioned whether it is west side flat or east side flat. Our concern is, How can we be sure that : 1. The West side flat is the actual one that is mortgaged to GHMC by the builder. 2. The east side flat (which we want to buy) is not mortgaged to GHMC. 3. What document proof we can have and how we can obtain it to show which flat is actually mortgaged to GHMC? 4. Is there any possibility that the builder might show flat A in the building plan as to be mortgaged to GHMC and for in reality, mortgaging another flat B to GHMC? Appreciate your help.
Asked 6 years ago in Property Law
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12 Answers
Without written agreement/document, there cannot be any mortgage. Builder is hiding and intently false EC has been entered.
Or full first floor is mortgage. Easily can be deduce from this - Floor to handover - First floor.
Tell builder to provide mortgage deed. IF he not than ask him refund.
As I have verified in the Plan document, and in the EC, the actual area mortgaged is 10% of the entire Building (10 floors) Built Up area. This mortgaged area is actually half of the First Floor and is equal to one flat size in square meters. So, not sure whether the wording 'Floor to handover - First floor' literally means it., or is it indicating that first floor is the area opted for a part of it to be mortgaged.
Asked 6 years ago
Ask builder to obtain in writing from GHMC which flat is mortgaged
10% of 10 floors itself is one floor and the safest is 1st floor and same is showing in EC.
Only Built Up area can be mortgage as rest area comes under common area, used by all. Full 1st floor is mortgage.
Apologies. It is 5 floors in the building. By typo i said 10 floors.
Asked 6 years ago
5 floors carrying 10 flats and 10% of 10 flats is one flat.
Still without precise details and location of property, mortgage impossible. This cannot be optional that in case of default, GHMC will take possession either of one.
Ask him to provide the mortgage document, verbal assurance has no reliance.
You can get the mortgage certified copy documents from sub registrar as the same needs to be registered. You can also approach bank.
Yes there is a possibility that builder might do that
The typographical error would not affect answer to query given by us
1. Actually you can get the details of such transactions in the encumbrance certificate, if you are not able to get the details then you may clarify the actual details by documentary proof from the builder itself, if he is refusing to give then you can even ascertain the details from the GHMC also, if you still left in dark about it then you may think twice about buying the property.
2. All your subsequent doubts are inter related, hence once you get an access to the proper details, all your doubts shall stand cleared, if you are still in confused state, you may take the help of an advocate to sort out this issue.
Certain technical terminologies may be confusing and you may not get an answer since you are confusing yourself more by interpreting the meaning in the manner known to you.
This can find an answer if any advocate peruses and scrutinizes the relevant papers of the property in order to clear your doubts, hence you are advised to approach an advocate to get a proper legal opinion and recommendations to proceed.
Whether it is 5 floors or 10 floors, the answer is same as what was given in the previous post.
You may better consult an advocate in the local with all the relevant papers to get his first hand opinion in this regard before you are leaping forward in buying this property in haste.
1. You should make an RTI application before GHMC for getting details about mortgaged area and flat of your building.
2. Whether that flat can be sold prior to OC from GHMC.
3. You should ask builder to make new agreement that if some dispute arise due to mortgage to GHMC then he will be liable to compensate you.
Please contact a local lawyer to do a due diligence of the flat to ascertain the title of same.
