• Actual plot area and khata is more than what is in the approved site plan

There is a plotted development . The front plot, facing road when measured physically is 300 meters and in Khata also it is 300 meters. But the approved site plan(by BIAPPA) shows only 200 meters.
Looking at th site plan it seems the building margin is inside the plot and the road margin is also inside.
When asked, the builder said that it was excess land that they have used and while we are building or constructing we will have to leave set back area.

Q. Is it legit if the sanction site plan shows less area and actual and khata has more.
Q. Is it worth buying such a plot? The location is promising
Q. What will be the cons of buying this plot 
Q. The builder is calculating the price based on the complete area what would be a valid point in order to negotiate on the pricing.
Q.We asked the builder to calculate price based on only 200 meters but he says if the road gets extended the government gives compensation. How can we calculate the compensation.
Q.Wil ther be issues while selling the land.
Q. How do we calculate a fair price for such land
Q. Any other things that we should be aware of while buying this?

Also the tax is paid on 300 meters.
Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

1. You may have to go by the extent of property that you purchased through the registered sale deed.

The building construction plan is different to the extent of land on your name.

2. You obtain a proper legal opinion before buying it, if you suspect something fishy, better avoid the purchase for your own safety.

3. The lawyer giving legal opinion may be able to explain.

4. It is between you and the seller.

5. This is not reliable because in the layout approval it becomes the duty of the developer to allot land for roads in between plots.

6. May be

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

. It should be equal.

Yes but you may have issues selling it on same ground

Same as above

Same the above

Compensation depends on many factors

Yes

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Builder is correct that you cannot carry on construction on entire plot and part of land has to be kept for setback 

 

2) you can buy the plot of title is clear and marketable 

 

3) no builder can carry in construction on entire plot 

 

4) negotiate with builder the price to be paid fir plot 

 

5) you should not have problems in selling land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

It is not illegal, actual land is always more than the sanctioned plan. 

Yes, it is worth buying the land.  You can show the sanctioned site plan and negotiate terms accordingly. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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