I purchased a flat and made a sale agreement (not registered). Now I came to know from revenue maps of Karnataka Raj kaluve is flowing small part of the project(my flat comes under this). When I asked owner/builder (both are same) he showed a paper signed by Thasildar ( Owner told from revenue department) which has 17 meters away from Raj kaluve ( mesaured from center of stream) with survey digram which is not having any date on that paper when it was done. The project has CC, A Katha, BBMP approval plan and I can see no deviation as per project plan. Promised for OC. My question is is the paper given by Thasildar is valid one? Revenue map is wrong? Builder told OC might be late for an year in this covid situation will it take an year?
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1. Engage the services of a local Architect and ask him to obtain "Certified Copy" (not photocopy) of the layout & survey Plans and Report of govt. surveyor. This will be legally conclusive, for claims and legal disputes.
2. Also obtain building project plans from the regional town planning dept., or the municipal dept. This is required to ascertain the legality of the project and whether the project will be granted OC or not.
File an rti get the details first .
It must bear date and signature of tehsildar
also stamp of tehsildar office
it is necessary to peruse letter issued by tehsildar to advice
Please inspect and verify the certified true copy of approved plan of project by BBMP issued to owner cum Builder of the property project.
CC is issued indicates approval of project by the Competent Authorities.
Issuance of OC does not take much time.
It is architect of Builder who apply to competent authorities to issue OC and permit buyers of plot,flat,bungalow and rowhouses etc to use and occupy the same.
It should not take more than a month from the date of submission of application.
Please register your sale deed for your legal rights to make it enforceable under the Law for instance incase of disputes you may not enforce your legal rights against the Builder if sale deed is not duly registered and stamp duty paid as per law.
No certificate is valid unless it bears a date when it was issued.
In many cases other public authorities being oblivious to the acquisition by the government grants license to construct.
Therefore send a RTI to the concerned department as regards the actual lay our and another RTI to Tehsildar's office to know its validity.
Wait for these information before you proceed to buy the property.
The Tehsildar is not an authority to this.
The builder will dissuade the parties by producing such fake and untenable papers in order to push through his sales.
There's a ban for all the projects falling within 25 meters buffer zone.
The orders passed by NGT has been confirmed by supreme court also.
If the BBMP is directed to demolish the structures falling within the said buffer zone, the buyers will be the ultimate sufferers.
Hence you better get a proper legal opinion from an experienced lawyer in the local before proceeding with the proposed purchase.
Tehsildaar report without date and seal is not valid. Check with tehsildaar if it is issued by him and copy if available in office record.
If OC issued than no issue, OC certifies no violation of bye laws.
you can file an RTi application and obtain Certified Details.
Yes it's valid one but should be supported by other documents like OC etc
Dear Sir,
You are suggested to submit an RTI application and confirm the same from the revenue department
1. You can check the genuiness of papers issued by tehsildar by filing an application under RTI act.
2. Revenue map cannot he wrong so you should be careful before investing in this property.
Obtain a certified copy of the map and other documents from the tehsildar office. Then compare it with the revenue records.
