I have booked a 3 BHK flat , at Yehalanka , Ananthpura village , Balaji enclave. The land was sold by cultivator ( A) to a buyer(B) by using GPA of other (C) on 1966 . Order passed in case No. 44, 42+43, 45 & 41/59-60, dated. 06.06.1966 under the provision of Mysore (personal & Miscellaneous) Inam ablation Act 1954 passed by Special Deputy Commissioner for Inam abolition, (Present builder Ref-Sale deed No. 4549/11-12 of Ramachandra Reddy). B sold the land to D in 1974 under a sale registration as per RTC record . D sold this land in 2011 to E and F ( F is relative E ) under a sale registration as per RTC record . E and F converted the land from agriculture to non agriculture on 2010 and therafter sold to G . G sold this land to builder. Bulder converted land to BBMP A khata and constructed appertmet of 20 + 20 flats .it's ready to occupy now . 5-6 registration already happened .Builder is providing EC . now if I asked builder to provide GPA details of other (C) on 1966 and Endorsement with respect to the said Order passed in case No. 44, 42+43, 45 & 41/59-60. Records of Rights and Index of Land. Builder is telling he doesn't have this old document , As per bank people they may approve based on RTC record from 1974 and sales registraion from 1974. I am purchasing flat 1st time . So need help . Can I purchase this flat , cost almost 40 lac .1.75 L already paid . My mistake I signed sales registration within 2-3 days of flat booking as I was not aware of the fact .Now almost 30 days over , I asked builder to refund money . he telling I will deduct 1 Lac as per booking form guideline . kindly suggest. .
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Lawyers are available now to answer your questions.
1 Based on hearsay one cannot come to a conclusion.
2. Get the documents perused by an Advocate and based on his opinion proceed further to decide whether to buy the property or not.
3. Regarding the refund of your advance money paid to the builder, the same can be sorted out after perusing the 'Agreement of Sale'.
1) you title to flat is not clear and marketable
2) since builder does not have POA executed by C nor other documents cancel the booking made by you on grounds that bank is refusing to sanction loan in absence of those documents
3) accept deduction of Rs 1 lakh under protest
4) file complaint before consumer forum and seek refund of Rs 1 lakh wrongly deduced by builder
Is there anyway to get GPA details of other (C) on 1966 and Endorsement with respect to the said Order passed in case No. 44, 42+43, 45 & 41/59-60
1) contact the cultivator A
2) he must be having POA executed by C
3) in alternative contact C
4) file RTI application with dy commissioner office and obtain endorsement of order passed in said case number
A. There is no bar to purchase land under the inam abolition and you need to verify the Inam abolition order as well endorsement with respect to the same.
B. In addition to the above, Index of Land, Preliminary Records(Kardha copy), Survey Nakalu, Tippany, Ketuvar Extract, Records of Right should be taken from the builder to ascertain earlier real owner of the land. In case, these documents not available in the Revenue Department that endorsement in respect the same to be obtained from this authority.
C. I would like to suggest to contact any legal adviser one who expert in this field with respect to the same.
D. The above-said documents are mandatory documents to verify inam abolition and the builder has bounden duty to provide the same to the purchaser as per the Transfer of Property Act,1882.
E. The builder cannot confiscate 1 Lakh rupees without complied the due process of law as highlighted in the above and it is not possible unless you signed any agreement towards the cancellation penalty. The above said documents could be taken by applying before the revenue authority.
After the Karnataka land Reforms Act, 1961, was amended by
Act 1 of 1974, it was expected that litigations pertaining to the tenancies would be disposed off
early.
However, the Act was again amended by Act No. 19 of 1986, and provision was made for an
appeal to the Land Reform Appellate Authority with two Official members, of whom one was a
Civil Judge from the Judicial Department and another from the Revenue Department not below
the rank of a Deputy Commissioner.
Earlier to the amendment Act No. 19 of 1986, the orders of the Land Tribunals were final and
they could only be questioned before the High Court in it's Writ Jurisdiction.
However, from the past experience, it is found that the desired results were not forthcoming
from the constitution of the Appellate Authorities. The system has also not proved to be beneficial
in the majority of the cases.
Hence, after taking all factors into consideration, the Government decided to abolish the Land
Reforms Appellate Authorities and to make the decision of the Tribunal final.
Originally Under section 11 of the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of
1978), application for registration as occupant is required to be made within six months from the
date when the Act is brought into force. The Act was brought into force on 15th June, 1978.
Under section 10 of the Karnataka (Sandur Area) Inams Abolition Act, 1976 (Karnataka Act 54 of
1976) application for registration as occupant is required to be made within six months from the
date on which the Act is brought into force. The Act was brought into force on 8th November,
1976. Subsequently the time was extended upto 1991.
Thus in your case it is pertinent that you need to verify the Inam abolition order as well endorsement with respect to the same.
You can demand the documents from the builder for verifying the same and this demand should be in writing, let him give a reply that he cannot produce the same, you can cancel the booking based on the fact that he failed to produce the necessary documents for scrutiny or verification, hence you are eligible to full refund of the the advance amount paid.
Alternately you may drag him to consumer forum seeking refund of full amount as well as for compensation agaisnt the mental turmoil due to this.
Is there anyway to get GPA details of other (C) on 1966 and Endorsement with respect to the said Order passed in case No. 44, 42+43, 45 & 41/59-60
The builder who sells this property ha to provide the details, alternately you can get the information from the land revenue department through RTI act.