• Construction on shali land and mutation process

I have decided to buy a property, which is on shali land. We got to know later after paying a booking amount. We understood as this is not converted into Vaastu land, hence many nationalised bank will not approve loan. However the property has a valid HIRA number and approved from KMC too. 

From different sources, understood this will be a risk to buy this property as the developer and promoter may not agree to get us a separate mutation and vanish without any detail. I am worried.
Asked 5 days ago in Property Law
Religion: Hindu

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21 Answers

We6on shaking land also a building can be constructed. 

So refer to the sanctioned building plan to find out whether type of land was correctly mentioned or not.

If the building plan was sanctioned on the shali land then there is not much to worry. 

However without seeing the papers its difficult to give further advice. 

Devajyoti Barman
Advocate, Kolkata
21380 Answers
306 Consultations

5.0 on 5.0

Yes I also pose a risk for buying the same

Prashant Nayak
Advocate, Mumbai
21783 Answers
45 Consultations

4.4 on 5.0

Cancel your booking on grounds that tile is not clear and marketable as bank is refusing to give loan for purchase of property 

 

 

Ajay Sethi
Advocate, Mumbai
78484 Answers
4708 Consultations

5.0 on 5.0

It is not advisable to invest in the property which has doubtful genuineness. 

If you still insist on buying it better obtain a proper legal opinion before venturing into the purchase. 

T Kalaiselvan
Advocate, Vellore
68510 Answers
918 Consultations

5.0 on 5.0

Well, if it isn't conducive to your plan you shouldn't buy it. The banks won't approve your loan. You won't get good returns in case you want to sell it afterwards.

Rahul Mishra
Advocate, Lucknow
11157 Answers
19 Consultations

5.0 on 5.0

You must ask the seller to apply for the conversion .You can get in touch with me to proceed further.

Swarupananda Neogi
Advocate, Kolkata
2865 Answers
6 Consultations

4.7 on 5.0

It's your decision to buy or not.

If information gathered by you doesn't recognize your rights and goes against your wish then drop the idea to buy the land and select fresh land for the deal.

Ramesh Pandey
Advocate, Mumbai
2280 Answers
7 Consultations

5.0 on 5.0

They will do it if you insist.

Swarupananda Neogi
Advocate, Kolkata
2865 Answers
6 Consultations

4.7 on 5.0

Shali" land, means agricultural land  mentioned in the Land Record or Porcha  .

2) you cannot carry on construction on agricultural land unless it is converted into vastu 

 

3) construction would be illegal 

4) don’t purchase flat on said property 

Ajay Sethi
Advocate, Mumbai
78484 Answers
4708 Consultations

5.0 on 5.0

You say some people have already moved in or done the registration. 

What did they do for mutation. 

Have they got their property mutated. 

Registration of property is important for having title to the property. 

Mutation records are not title documents. 

If LIC is granting loan,  what prevents SBI from sanctioning home loan. 

You were even advised to take a proper legal opinion from a local advocate and proceed only recommended. 

Now it's up to you that how much risk you would like to take to your investment. 

T Kalaiselvan
Advocate, Vellore
68510 Answers
918 Consultations

5.0 on 5.0

The information and questions 1 to 7 do not disclose the crux of the matter and issues of legality in your facts of the case. 

We need to understand the main part and all terms conditions embodied in the land records of Shali land intended to be bought by you.

Unequivocally the full information and description of the property would entail us to answer all your questions substantially and legally as per the provisions of law. 


Alternatively you may apply online for conversion of Sali to vastu land by following simple practices and procedures as per the provisions of law for conversion of land.

Ramesh Pandey
Advocate, Mumbai
2280 Answers
7 Consultations

5.0 on 5.0

If you share the property papers then further advice can be given. 

Devajyoti Barman
Advocate, Kolkata
21380 Answers
306 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that your concern is genuine and you should avoid buying that property. 

Ganesh Singh
Advocate, New Delhi
6225 Answers
13 Consultations

4.5 on 5.0

You can buy the said property at risk. If the same is bought and later you enjoy defective title you will suffer and will hardly find any buyer in future for the same

Prashant Nayak
Advocate, Mumbai
21783 Answers
45 Consultations

4.4 on 5.0

1. If you are worried then you can cancel the booking and seek refund of advance paid to developer.

2. You should not invest in the property which doesn't have clear title. 

Mohit Kapoor
Advocate, Rohtak
10302 Answers
7 Consultations

5.0 on 5.0

- Shali' Land means land used for agricultural purpose whereas 'Vastu' Land means land for purpose of residential purpose. 

- Further, it can be for residential i.e. Vaastu land, after taking permission from the States Land & Land Reform Department, and the competent authority will levy conversion fee for changing the land use type. 

- However , without conversion , you cannot use the said land for residential purpose. 

Mohammed Shahzad
Advocate, Delhi
5134 Answers
50 Consultations

5.0 on 5.0

Please consult local lawyer who is more conversant with local laws.

Mohammed Mujeeb
Advocate, Hyderabad
18398 Answers
11 Consultations

4.5 on 5.0

1. It is not an ideal purchase.

 

2. Has the owner of the land applied for conversion of the land from Shali to Vastu?

 

3. Are there several other building existing there surrounding your said building.

 

4. If yes, then some Banks consider giving loans to buyers of property constructed on Shali land. 

Krishna Kishore Ganguly
Advocate, Kolkata
24571 Answers
696 Consultations

5.0 on 5.0

1. If you do not have the plan to sell of the said flat shortly then you can buy the flat.

 

2. You only will have problem while mutating your property.

 

3. There are plenty of  such properties sold in Behala area of Kolkata. 

Krishna Kishore Ganguly
Advocate, Kolkata
24571 Answers
696 Consultations

5.0 on 5.0

They will do mutation. Go ahead

Rahul Jatain
Advocate, Rohtak
5056 Answers
4 Consultations

4.8 on 5.0

A mutation will be done. The banks will approve loan if the title is clear and the project is profitable and the area is good for development.

Rahul Mishra
Advocate, Lucknow
11157 Answers
19 Consultations

5.0 on 5.0

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