1. If OC is not given then complete property will become B khata until builder pays penalty or regularise the layout of apartment.

2. It is illegal to deviate from appoved plan you should be careful before investing the property.

The apartments woukd be legal and the other top floor would be illegal. He should construct it as per the plan otherwise the residents may face problems.

If it's b khata it will always have detective title

There is no sanction for providing gym ,   Club house , flat on terrace . It would be illegal 

other apartments approved by BBMP are legal 

We would definitely recommend solution and advice you lawfully provided you discuss the approved plan of G+3 by BBMP .

You need to search for titles of land and conveyance deed of the structure of BBMP project. 

Please be careful about fancy offer's of Builder and developer  before you purchase the same.

Please discuss approved plan and main core clauses of agreement between you and Builder to guide you through the provisions of law as per Land Ceiling Act, Transfer of property Act and Indian Contract Act. 

You have every right to protect yourself and your hard earned money from unscrupulous people who are disguised under the garb of gentlemen. 

Only Terrace All constructions are  illegal, because terrace should be empty space and not any built of Gym, club house etc. All those construction on terrace are mentioned in the layout approved by BBMP then its valid otherwise not.

Whole property will remain legal 

The builder cleverly built the structures to show them as temporary structures, i.e., by not building the ceiling with concrete molding.

Therefore it may not attract any deviation, if at all the authorities object to this, the builder can pull them down easily.

This has nothing to do with your A khata property, neither this will adversely impact your property.

This is not the reason for bringing down your property to B khata.

Do not be panicked or scared about such developments, the authorities may pull down the illegally constructed structures if at all it is coming to their notice.

Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

- As per Bombay High court ,  well planned and illegal structures must be demolished , and further directed to demolish the additional floors. 

- Further , none having right on the terrace of apartment as it come under common area , hence the additional structure and Gym , club etc are not legal , and if any additional floors will be constructed on the terrace then that will be also considered as illegal and can be demolished on the complaint filed by any member of the building or otherwise. 

- However, if the property is A khata , then it will continue as A khata , and it will not effected . 

Dear Sir/Madam,

It is suggested that once the nationalised banks are granting the loan, the property is free from much illegalities and it will remain in A KHATA. 

1. As per the information mentioned in the present query, makes it clear that there has been change in area thing which may take the same to different category of Khata as well.
2. I would like to apprise you that when there has been a part of the Property is not in compliance of the law then it doesn’t make the whole Property not as per rule and law.
3. Everything will remain same, just confirm it from the SDM office of your area about the circumstance of change in khata as the same varies from state to state.