When license in an immovable property acquires irrevocability

License defined According to Section-52 of the Indian Easement Act, 1882 (Easement Act), where one person grants to another a right to do in or upo

Full Article

Will: Its legalities in a nutshell

Introduction Will is a legal declaration in the form of a document, expressing the intention of a testator, about how his property would be devolve

Full Article

Law on recovery of advance or earnest money

Introduction The “advance deposit”, which is being paid as part of a contract for transfer of an immovable property, has in the past be

Full Article

More Articles

Experts Exchange

Regarding osr charges to get approval for plot.layout

Posted by S.R.Arunachalam

Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate owner, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot.
To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot.
Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval.
The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me..

Read Expert Opinion

More Experts Queries

Updated on : 17/10/2018 00:48:07


  LAWyersclubindia Menu