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Real Estate Forum on Legal in Bangalore

- Property Discussion Forum & Guide to Real Estate Queries in Bangalore

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Q: What happens if the developer leaves the project/layout which he has supposed to complete in the middle (without completing the full layout) and after i purchased and registered my plot. Will it be a problem to my registered plot ? Who will take care of the project/layout as the develoer has left it in the middle. Thanks Sai

Latest Answer: I second Mohsin Basha. Before buying a property you can also check the penalty clauses. The better is to go for a completed project only.

Q: I am pllanning to buy a plot from a just launched layout (near Kumbalagodu of mysore road) from a developer. Developer is saying this is BMICAPA approved. But how to make sure this just launched layout has been approved or sancationed by BMICAPA and there are no legal issues with this layout. Can we check the BMICAPA approval number in any registrar office or in BMICAPA website ? Please advice. Thanks Sai.

Latest Answer: I think you can check if the plot is approved by BMICAPA with the order number in their website. You can also take help from your legal expert to check whether the layout is approved by BMICAPA and BMRDA. The builder will also have the legal documents with him.

Q: What is E Khata? Are E Khata legally equivalent to A Khata?
Latest Answer: There is a very good article written on E Khata. You can click on the link to read the same: E-Khata- A new entrant in the realty sector

Q: I would like to know regarding Taxes while buying house

Latest Answer: Hi, Few points you have to check regarding taxes while buying a house are as follows: Transfer of property, Power of attorney, Rent Control Act, Service Tax etc. For further clarifications you can click on this link and read more about it here Basic regulations, tax implications involved in real estate transactions – Part I and Taxes to be paid while registering the property

Q: I am buying a resale property and the property is located near 21st Km kanakapura road , Udaipura and the project is called Soudhamini and comes under the jurisdiction of sub-registrar office banashankari

Currently the property is registered in owner's name doesn't have khata in her name
Can i go ahead with the registration of the property in my name and do the formality of khata later on and if not is there a work around
Latest Answer: can you elaborate more on tax paid receipt? which tax are you talking about?

Q: We have two properties one is ancestral and one is my father's. I also have a property but half of the amount has been paid by my dad, but the property is in my name. My question is if my father pronounces in his Will that all the property to be given to me, can my sister claim a right to the property which is not ancestral
Latest Answer: If the WIll says all the properties to be given to you then your sister can't claim any of this properties unless she proves that the Will has been forged.

Q: One of my relatives wants to buy a property of 200 sqyds. The owner of the land was allotted this land in 1991 from Authority. He has been allotted the plot on lease for 99 years. Now they want to make a registered agreement on stamp paper at the time of registry in future. Is the registered agreement legal? If not then what is the process of agreement so the owner cannot deny the sale of the plot to them?
Latest Answer: Since it is a leased property it cannot be sold but you can ask the lessee for a copy of lease deed and check if he has the right to assign the leasehold land or not. After checking everything you can enter into a registered lease deed.

Q: My dad bought a flat three year sago in a project have three blocks. Our flat is in B block and it is of 1, 040 sqft but the sanctioned plan is only for 900 sqft. Now I want to get an OC for my flat. Is this possible and what is the procedure?

Latest Answer: Occupancy certificate (OC) is a legal prerequisite for a buyer, before heading for an apartment. Furthermore, having an OC is the license for a buyer to apply for Khata. However, during property registration, occupancy certificate is of no account, which often leads a buyer to formulate the notion that this authorizing document is wide of the point. The OC is taken for the whole builder and not for a single flat. This certificate is generally obtained from the local bodies like City Corporations or City Municipalities The area of the flat is calculated on the super built up area you have to get the ratio of the built to super built up area from the builder. You can also check the built up area in the floor plan given to you by the builder

Q: I have heard lot of developers do not obtain commencement certificate and hence do not get occupancy certificate as per which the building is termed as illegal. If the owners move in to these buildings then they will have to face the consequences of builders mistake. some even pay their hard earned money
these builders who deviate from the actual plan need to fined or their license cancelled.

Q: Our association is charging higher maintenance for tenanted flats when compared to self occupied flats. Is this correct?

Latest Answer: Hey Sohan, What is the name of the apartment in which you are staying? Whta is the reason the association is charging different maintenance for tenants and owners. I do not think this is right.

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