You can buy a DC-converted site in an approved layout if all documents are valid. But, there can be risks like the layout not being approved or declared illegal.
DC converted site with gram panchayat approved layout
I am planning to buy DC converted site but the layout is gram panchayat approved and not BDA. Developer already has BBMP A khata for the plot in his name. He has given me existing Khata extract, certificate and tax paid receipt. What are the risks in buying such site in non BDA approved layout? And will there be issue while transferring Khata from developer to me?
Asked 2 years ago in Property Law
Religion: Hindu
9 Answers
It is not safe to purchase a plot of land wherein layout is approved by the Gram Panchayat and not by BDA
2)A khata is different to that of layout approval. If layout has not been approved then you may not be able to get A khatafor individual site and you may not get construction plan approved.
Yes you need to move for regularisation of the same. It's not feasible to buy non bda
The approval by competent authority i.e., BBMP or BDA or BMRDA was implemented as recently as the year 2007.
The layout plan approved by Gram Panchayat before that is very much valid.
They were the authority to approve plans during those days.
So you can confirm the date of layout approval.
On confirmation it is safe to buy the gram panchayat lands in the country, provided the land has been converted into non-agricultural land as per the process.
The gram panchayat layout plan was approved in 2007 and the village (where the layout resides now) came into BBMP limits in 2010. Also note that developer already has individual BBMP A Khata for each plot in the layout under his name. The land was converted into non-Agriculture land using DC conversion in 2006. Rest of the land papers are fine, is it fine to buy the plot?
Asked 2 years ago
Consult a local lawyer before you purchase the plot
it is recommended to obtain advice from a local lawyer with expertise in property laws and conduct a thorough investigation into the legality of the layout plan.
Your contentions are still ambiguous.
Hence you may better produce all relevant papers pertaining to the property before a local advocate, obtain a proper legal opinion before proceeding.
Yes you can go ahead if irs not a defective khata
The risks involved in buying a site in a non-BDA approved layout are:
Title risks: The title of the property may be defective, which means that there may be issues with the ownership or the right to sell the property.
Regulatory risks: There may be regulatory issues with the layout or the property, such as non-compliance with building codes, zoning regulations, or environmental regulations.
Infrastructure risks: There may be issues with the infrastructure in the area, such as inadequate water supply, poor roads, and lack of sewage systems.
Resale value risks: The resale value of the property may be lower than that of a property in a BDA-approved layout.
Regarding the Khata transfer, it should not be an issue if the developer has already obtained individual BBMP A Khata for each plot in the layout under his name. However, it is important to ensure that the Khata transfer is done correctly and legally.
It is recommended that you conduct a thorough due diligence on the property, including verification of the title documents, approval from the gram panchayat, and DC conversion orders. You should also consult a lawyer experienced in property matters to help you with the due diligence and advise you on the risks involved.
