Documents for land under panchayat
I am planning to buy property in electronic city ( Doddathogur village), Bangalore. The sales person of the apartment tells us that since the land is under panchayat, there is no provision for occupancy certificate(OC), CC and khata cerificates under panchayat. However, he has given us a copy of document where panchayat has approved the G+4 construction ( BDA has given a green signal as well). Can you please help me understand if his claims about certificates are true? Some nationalized banks donot provide loans without OC. Private banks like HDFC are issuing loans on this property. Please advice.
Asked in Property Law from Bangalore, Karnataka
Hi, OC has to be issued either BBMP or BDA to make certify that apartment is fit for occupancy.
2. It is better get an legal opinion from the advocate and proceed further in the matter.
1) if property does not fall within muncipal limits of BBMP then panchayat has the powers to sanction plans for building apartments on said property
2) if panchayat is providing completion certificate then you can consider purchase of apartment
3) contact a local lawyer and check whether title is clear and marketable
4) then only purchase apartment
The land within the limits of panchayat does not require OC. To vouchsafe the authenticity of his documents you should engage a lawyer to conduct due diligence as this would involve vetting of documents. If HDFC is ready to issue the loan then there is a presumption of positive due diligence, but conduct your own.
For a property approved by panchyath, nationalized banks do not provide loan for the purchase, however if it is consolidated housing loan (for both site and construction) they are willing to provide loans.
In your case, it is true that for construction of apartment in Panchayath limits, Commencement certificate and Occupancy certificate is not issued.
the building license and NOC from BDA would be adequate.
you should inquire about location of land. if it comes under panchayat then OC is not necessary. but you should hire a bank lawyer for such inquiry and do according to his opinion because a lawyer practicing in banking matter knows all about the nature of property and granting of loan on it.
There are two kinds of documents—primary and secondary documents of title. Primary documents of title are the most essential documents related to the property. They show the ownership history of the property being sold. Some of the secondary documents of title help to corroborate the information mentioned in the primary documents of title. The other secondary documents help the buyer to assess whether the building is compliant with the regulations of various agencies and if it has been built according to plan.
In case of apartments and individual houses, you need to have a Building Plan Sanction issued by the BBMP, BDA or the village panchayat for properties under their jurisdiction.
For builder-developed independent homes, apart from the layout plan sanction, you need to have building plan sanction from the BBMP or village Panchayat, under whose jurisdiction the property falls.
Building Sanction Plan issued by the BDA (or by the BBMP if the building was constructed after it was handed over to the BBMP by the BDA) where a building has been constructed on the property.