Mentioning house details in sale deed which is not approved by city housing planning board
Want to understand Law
(Querist) 18 April 2016
This query is : Resolved
Hi Sir,
I am about to buy a piece of land with 2 storied house in Jharkhand.
However, the house is built without any approved map by city development authority.
Question- Should we mention the details of the house in sale deed and pay stamp duty for it, or made the deed with land details only?
Regards
Guest
(Expert) 18 April 2016
First you need to do research whether that land also you are legally permitted to purchase or not ? Only your state advocate can guide you. Land is state subject and myself not from your state
Illegal construction can be demolished any time . So nothing I can say on this. It is experience that people who stay in illegal construction give generally protection money /favor to local politician and govt. officers This is truth
Do what you like
Devajyoti Barman
(Expert) 18 April 2016
If the area where the land is situate is covered under Municipal regulations then no pucca structure is legally permissible without sanction of the plan by the said Municipality.
However in most cases the lack of sanction can be rgularised on payment of penalty.
So apply for regularisation of the construction beofre purchasing the property.
Guest
(Expert) 19 April 2016
See you need to check your state law . Myself not from your state
1) In Maharashtra even illegal construction they charge Property tax. People feel construction regularized it is not so , they are charging heavy tax but not regularizing it
2) To regularize it there should be proper Act passed by state assembly of Jharkhand or in any act there should be section of regularizing illegal construction
3) Even Land record should be analysis properly from local advocate . There are many types of land legally prohibited from purchasing in various state. So that too require analysis
4) I feel you consult good Lawyer who have good knowledge of property from Jharkhand itself , who can guide you.
5) Don't hesitate to spend few thousand to good property lawyer of your state when your are investing lakhs and crore in property
Rajendra K Goyal
(Expert) 19 April 2016
Discuss in detail with local lawyer after showing him all the documents.
Hemant Agarwal
(Expert) 23 April 2016
1. Execute TWO "separate" agreements
a) One for the Land
b) One for the constructed house
2. AFTER above, arrange to mutate your name in the revenue records (Tahsil or collector office)
3. Subject to local civic laws and rules and AFTER point no. 2, file House "regularization" procedures using the services of a local civil architect, alongwith old revenue receipts, property tax, water tax, Road Tax, NA tax receipts, Electricity receipts and so on ....
4. Illegal Constructions on "private land" CANNOT be demolished by the civic authorities, without first giving appropriate Notice & opportunity to the Land-Owner.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
