• A khata and OC CC related

Am interested in buying a flat in Bangalore south near yelachanahalli. The apartment has 20 units built on a land of 5160 sqft. The builder has built one extra floor more than the approved plan. But he is promising to get us A khata inspite of this deviation. Also he says no OC CC is applicable for land measuring less than 8200sqft. But banks like SBI have preapproved this project and disbursing loans. Is this ok and can I buy a flat here. Please guide me.
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

Construction of additional floor has been done contrary to sanctioned plans 

 

2) illegal construction can be demolished 

 

3) builder cannot get A khata 

 

4) dont  purchase the flat in said project 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8147 Consultations

 

Dont trust the builder 

 

it is your hard earned money 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8147 Consultations

1. Since there has been a deviation from the sanctioned plan by constructing extra floor, no CC & OC could be issued.

2.  Banks give loans to the Purchasers based on their individual CIBIL score and their capacity to repay the loan.

3.   Before investing money for buying the flat, get the property papers vetted by any Lawyer and then only decide either to buy or not.

  

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

The builder is misguiding you stating that the OC and CC is not required for the land measuring less than 8200 Sq. feet. 

Note that without OC, the building can be demolished anytime. Basic sanitation facilities can be revoked. Govt can send you a eviction notice. Regularization may be allowed on the payment of penalty by the builder, but imagine if the penalty is passed to the buyer I.e, owner..in that case you will suffer.

Besides he has deviated the approved plan by building an additional floor, which can be demolished by the local civic body anytime.

It is not advisable to purchase this property without proper permission  or OC.

The banks have tie up with  such builders, in case of any future issues, the banks will recover the money by invoking laws in this regard without showing any mercy towards the borrower's innocence or no fault on the side of the borrower.

These  developers bribe the banks for the purpose of loan because it is an additional strength for them to promote their business

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2494 Consultations

The builder is not trustworthy hence it is not advisable to proceed with the purchase.

The bank has corrupted staff who will ignore the facts and grant loan.

In case of an issue the current bank manager will not be available for the lapses but the borrowers will become victims and not the builder.

The choice is yours, if you want to take risk on your hard earned money, then it is up to you 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2494 Consultations

Generally such project doesn’t get OC but the builder illegally manages corporation and get the work done. Banks don’t give loans to such projects 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Dear client, 

If the builder has built an extra floor more than the approved plan, it could mean that the building is in violation of the local building bylaws and regulations. This may lead to legal issues in the future, such as demolition of the building, fines or penalties, and difficulty in getting necessary approvals.

Regarding the builder's promise to get an A khata, it's important to verify whether the builder has obtained all necessary approvals from the local authorities, including the Bruhat Bengaluru Mahanagara Palike (BBMP) and the Karnataka State Pollution Control Board (KSPCB). Without these approvals, getting an A khata may not be possible, and it could lead to legal complications.

With respect to the bank providing loans for the property, it's possible that the bank may not be aware of the deviation from the approved plan. It's important for you to do your own due diligence and verify all information provided by the builder before making any decisions.

It's always advisable to consult with a local property lawyer who can help you conduct a thorough due diligence and provide you with the necessary legal advice before purchasing a property.

 



Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

Do not believe builder, you should make inquiry in development authority office

Ravi Panwar
Advocate, New Delhi
116 Answers

Builder is faking. OC CC necessary which will never receive. OC not at all. Also no A KHata for particular flat.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

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