• Buying Panchayat approved, E-Khata DC converted site in Gated Community

Hi,

I am trying to understand the risks associated in buying a property in Bangalore. The property is a 30+ year old gated community during which BIAPPA was non existent hence approval from BIAPPA is missing. 

The property has DC conversion approval, required Gram panchayat approvals & its a E-Khata property. The titles are clear and the ownership of the site is with the buyer from 30 years.

I wanted to know if someone decides to buy such property what are the risks involved? i.e. 

1. Can the property be considered illegal by the Govt and demolished? OR
2. Required approval will have to be taken in future by paying betterment charges?
3. Will the purchaser be able to get a sanctioned plan for modifying the constructed building?
4. Will such property be considered B Khata though the statutory body was not existing at the time the layout and plan was sanctioned?

Looking for your guidance and clarification.
Asked 2 years ago in Property Law
Religion: Hindu

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5 Answers

it would not be demolished as it has DC conversion approval , plans are sanctioned by gram panchayat 30 years  back 

 

2)for  carrying out further construction you will need to get plans approved by local authorities 

 

3) consult    a local lawyer before you purchase the property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.  Since it's a residentially converted place, and if the title to the property is clear without ambiguity, then the property can't be considered as illegal and the Government will not demolish it. However , the correct opinion can be given subject to verification of documents.

2.  The betterment charges may have to be paid in future.

3.  To get ratification of the modified constructed building, please obtain necessary plan sanction from the BIAPPA.

4.  Since the layout is carved on the duly residentially converted piece of land, such a site qualifies for 'A' Khatha.

5.  However the above should not be construed as legal opinion, since I haven't seen the documents.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. If the vendor is having a registered sale deed on his name, then there is no issue of demolition.

2. Betterment charges are charged only from revenue sites and not for registered sale deeds.

3. Any construction to be undertaken is required to be sanctioned by the authorities concerned.

4. If this layout was approved at that time when the necessity of consent from BIAPPA was not existing, then yo do not have to worry about it at this  stage

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1 no

2 yes certainly 

3 yes

4. yes

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear cleint,

Even with DC conversion and Gram Panchayat clearances, purchasing real estate in Bangalore without BIAPPA approval carries some risk.

  1. The property could be considered unlawful due to the lack of BIAPPA approval, which could result in government intervention and possible demolition. The Karnataka Town and Country Planning Act, 1961, governs this.
  2. In the future, BIAPPA approvals and betterment charge payments may be required in order to regularize the property. Relevant portions of the Karnataka Municipalities Act, 1976, may be applicable.
  3. Without the necessary clearances, it may be difficult to obtain a sanctioned plan for alterations, which could impair compliance with the Karnataka Municipal Corporation Act, 1976.
  4. Since no permissions were obtained for the original development, the property may be categorized as B Khata. The Karnataka Municipal Corporations (Second Amendment) Act, 2013 has an impact on this.

Hope this helps you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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