• How to get release order for plot if builder closed business

Hi,
I have purchased one 1500 sqft plot in year 2008 with Novel Nest Pvt Ltd on first phase of novel eco project near Chandapura Bangalore. Its BMRDA approved layout. 

Now when I plan to sell the plot recently than came to know that I need to get khata which is pending. I paid all property tax until 2016. When submitted application for ekhata  then came to know my plot is not in first release order of BMRDA and they need release order to issue khata .

Novel Nest Pvt Ltd. has closed their business and no trace of them. I could not trace who owns the layout presently . I filed RTI if I can file application to get release for my plot, BMRDA responded saying only layout owner can apply for release of plot.


If Original owner does not exist , could you please answer followings 

1) how to know legally if any other builder owns that project.   (second and third phase has been now sold by different buidler Capita Land Realty, but they are also not traceable  so not sure if they own first phase or not. )

2) If Novel Nest Pvt Ltd. abonded the business , and if no one owns the layout, what option I have to get release order for my plot.  
3) if plot was not released, why registration department allowed to sell, bank gave the  loan? was it legal to sell?

4) Can I filed FIR against old company if any libality as per BMRDA rule to complete the project . (I hope, police should able to trace them ) 

5) if  Novel Nest Pvt Ltd.  does not exist now, and no if no one owns the layout, can I file case with BMRDA or in civil court to look into my case and release my plot to I could get khata?  
6) Incase second builder Capita Land Realty, owns now the first phase where my plot , how we can make them compelled  legally to apply to release the plots in BMRDA.
7) I am also looking lawyer service at Bangalore who can take up it further legal steps required to solve the issue fully . Please let me know if you can take up this ?
Asked 4 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) you can file RTI application with BMRDA as to whether NOvel nest PVt ltd had transferred layout in favour of another builder 

2) if any registered agreement had been done between Novel and other builder search in sub regsitrar office would reveal the details 

3) if novel nest had abandoned project to obtain release order for plot you will have to move court to direct BMRDA to release the plot 

4) you can file FIR against old company for criminal breach of trust for failure to complete the project as per BMRDA rules 

5) if entire first phase is transferred to contact capital land reality   request them to apply for release order of plot 

6) number of lawyers on this website from bangalore contact any of them 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. Get Encumbrance Certificate for the referred property from the Sub Registrar's Office from the date you bought the property till date, which provides you the flow of title of the property during the period and also as to who owns the property at present.
2.Based on the details provided in the E C as to know who is the present owner, the option of your getting the Release order can be sorted out.
3.BMRDA Release order is a must to obtain Bank Loan, Registration of the property and based on that only the property could have been sold. To know the correct status of your property the entire set of documents have to be scrutinised.
4.Before filing FIR against the Company you have to get the information as to the reason for their abandoning the project and you can proceed after getting the details from the EC.
5 & 6. Can be answered only after obtaining details from the EC.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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You woukd need to show all the documents to local advocate to enable him to guide you further in the matter 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. If you have the khata number of the property then you should carry a title search in the office of sub-registrar or BMRDA, as the case may be, to ascertain who is the title holder of the layout. It will be an arduous exercise but will not be futile. Engage a local lawyer to carry out this exercise.

2. Once you find out the title holder's name you can file a suit for specific performance against him.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Very catchy situation. Ideally you should have gotten the papers checked before you purchased the plot from the builder. After purchaser, the builder must have completed the layout only then B.M.R.D.A would have released the balance of sites for registration. 
If this has not been done, then getting it done now seems virtually impossible, as the builder has gone absconding.
In such an event, you have to approach the consumer court by filing a consumer complaint against the builder no.1 & 2, seeking to regularize your layout at the earliest and without any further delay. Failure to do so, you can seek for cancellation and complete refund, along with interest and compensation from builder No.1 & 2 respectively.
Also in addition to the above, you will have to lodge a criminal case U/s 420 IPC of cheating against builder No.1 with the jurisdictional police.
These are your two best options.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
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Dear Satish, You have collect all the documents and send the same to me for review and to get solution to your problem and to take steps in further. If you want my legal service I will do it under paid service as desired by you in your query. You can contact me. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
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I am ready to offer my legal services to you. I am conversant in Kannada language to speak, read and write.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) how to know legally if any other builder owns that project.   (second and third phase has been now sold by different buidler Capita Land Realty, but they are also not traceable  so not sure if they own first phase or not. )

On the basis of the information about the owners, you should send notice to the builder whose address is known to you, by his reply you can gather more information in this regard.





2) If Novel Nest Pvt Ltd. abonded the business , and if no one owns the layout, what option I have to get release order for my plot.  

You can approach court seeking direction to the corporation authorities to issue khatha on the basis of available information with you.






3) if plot was not released, why registration department allowed to sell, bank gave the  loan? was it legal to sell?

Your question is irrelevant because the registrar is not concerned with the release, he will be concerned with the papers to be proper for registration.






4) Can I filed FIR against old company if any libality as per BMRDA rule to complete the project . (I hope, police should able to trace them ) 

Police will not entertain civil matter.





5) if  Novel Nest Pvt Ltd.  does not exist now, and no if no one owns the layout, can I file case with BMRDA or in civil court to look into my case and release my plot to I could get khata?  

Yes.






6) Incase second builder Capita Land Realty, owns now the first phase where my plot , how we can make them compelled  legally to apply to release the plots in BMRDA.

You can issue a legal notice asking him to fulfill the formalities in this regard because he is the legally right person for applying khata.




7) I am also looking lawyer service at Bangalore who can take up it further legal steps required to solve the issue fully . Please let me know if you can take up this ?

This is a general call, you may fix it up with anyone in particular. 

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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Yes I have already got EC from 2008 to 2016,6 column of EC doc shows  shows my name, 5th column shows previous owners names.   May be I need to show the copy to advocate to understand it fully as some part  is in kannada which I dont understand . 

You may consult a local lawyer, apprise him the situation and learn about further details in this regard.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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