Dear Sir, I have booked a flat near Yelahanka and the land is DC converted. This DC conversion transaction was not reflecting in RTC. After that, multiple transactions happened on this property but no Mutation record. But the builder has sale deeds and Katha certificate on his name. Current year RTC shows that it is still agricultural land and it shows old owners name only. I insisted him to correct the RTC and give Mutation record with his name before the agreement. Builder promised me that he will give before the registration. Now it is the time for Registration, he says the RTC correction is not required and he is forcing me to register the property. I asked for the OC and he says that there is a deviation and OC cannot be given. Without having correct land document and OC, is it OK to register the property. In the agreement it was written that only possession certificate will be given did not mention about OC. What should I do please advise.
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1) if builder had not completed construction as per sanctioned plans BBMP would not issue PC
2) unauthorised constriction can be demolished
3) it is duty of builder to obtain OC
4) if land is converted into NA it should be reflected in RTC
5) contact a local lawyer
6) you can enter only sale deed with builder and if he fails to provide OC move consumer forum
against builder seek orders to direct builder to obtain OC
Hi, once the property was converted from Agricultural land to Non- Agricultural purpose then the RTC will not come you can demand the Conversion order passed by the Deputy Commissioner to see that whether the land has been duly converted or not.
2. When there is a deviation in the plan then BBMP will not issued the OC. So it is better you can take the legal opinion form the advocate and proceed further.
A. Once the Agricultural land is converted vide office memorandum by paying conversion fee as per the demand notice that the entry for the same in the RTC is immaterial. However, it is not difficult job to insert the same in the RTC.
B. Any building or apartment morethan 2 units needs to be obtain completion certificate and occupancy certificate as per the notification which is published in official website of the BBMP. And the builder cannot be escaped without issuing OC towards the Residential unit. Moreover, Section 310 of the Karnataka Municipal Corporation Act, 1976, Completion Certificate should be obtain from the authority and Sub clause (B) speaks about No person shall occupy or permit to be occupied any such building, or part of the building or use or permit to be used the building or part thereof affected by any work, until,- (a) permission has been received from the Commissioner in this behalf;
C. You can approach the Consumer Forum to give instruciton with respect to the same after the legal notice. And the builder is only responsibilty for deviation. Any customer not liable for the deviation. You can claim damages and compensation with respect to the same. Contact local advocate as to the same.
The builder seems to be in a hurry to complete the sale without applying for mutation and obtaining OC. This land should not be purchased as the title may be defective and not marketable.
if builder is providing the DC Conversion order pertaining to this land this would be sufficient. R.T.C need not be updated. Further if the builder states that OC cannot be provided because of some deviation then you can atleast obtain the Possession Certificate from builder as proof of receiving the possession on a particular date.
Proceed for registration after completely taking inspection of the Flat, if some pending work is to be finished ask builder to complete this work also and then do the registration.
Without having correct land document and OC, is it OK to register the property. In the agreement it was written that only possession certificate will be given did not mention about OC.
This appears to be a serious lacuna with which you cannot be safe even if your are possessing the property without any problem for at least 10 years from now on.
The authorities may take action to demolish even after a gap of 10 years for the deficiency in construction, no OC, no proper records to show the DC conversion.
you may think of cancelling the booking as ask for full refund owing to his illegal deviation and also other deficiencies.
Send a notice to cancel the booking and seek refund of full amount since the problem is on the side of the builder.
