• Transfer of Property

Hi i have a very old house of 2 storeys that beelongs to my grandfather.They want me to extend it and make the 3rd floor however when i looked into thee documents ,there was no plan of the house or any blueprints since its is really very old but is definitely strong.NNow the only document that exists is a will wherein my maternal grandfather's mom has divided the property between 3 sons and my grandfather built the house in his share of prroperty.Now if i need to extend itt and make a 3rd floor,Can you advise as to is it possible to get plans sanctioned by the municipality now since apart from will there is nothing else that exists and we have paid house tax all this while and its up to date.Moreover is there a way to i find out if i the base is strong enough that i can build the 3rd floor.How do i do that and the approximate costs for all this.
Asked 2 years ago in Property Law from Kolkata, West Bengal
1) you need a structural engineer certificate as to whether the foundations can with stand another floor . 

2) for construction of additional floor plans have to be sanctioned by muncipal corporation . 

3) has the property being mutated in favour of your grand mother as per will of your great grand mother . if so your grandfather has to apply for permission to construct additional floor
Ajay Sethi
Advocate, Mumbai
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Follow the advise given by ld. friend Mr. Sethi
S.P. Srivastava
Advocate, New Delhi
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1. Construction beyond the periphery of the sanctioned plan is illegal. You need to obtain prior permission from municipal corporation before carrying out further construction. 

2. If the existing construction is in violation of the sanctioned plan then municipality may demolish it. 

3. Is your grand father alive? If yes, he alone can apply for permission to construct additional floor as he is the owner of the property in terms of the will of his mother.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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1. Where does the property situate?

2. If it is within the jurisdiction of Kolkata Corporation, then the period of 50 years is not a long time,

3. Has your grandfather constructed the house without any sanctioned plan?

4. If so, regularise the fault,

5. Make a cite plan/blue print  of the house with the help of an approved  draftsman including  the proposed extension,

6. File an application for the said extention alongwith the cite plan being counter signed by a civil  engineer duly complying with the formalities & paying the required fee,

7. After the plan is sanctioned, you can go for the said extension.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
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1) yes structural engineer would be able to give opinion as to whether building can with stand additional construction . 

2) property tax assessment order  given By Municipal corporation would contain details of the structure as per municipal records .

3) if construction is unauthorised make application for regularisation .
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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1. For causing sanctioning of Plan, one need not have previous plans.
2. If you have proof of ownership of property , then do engage an architect and get a building plan prepared.
3. On preparation of plan you can apply it to for sanctioning form the local Municipal authority.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
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