Need Advise
Querist :
Anonymous
(Querist) 13 April 2010
This query is : Resolved
Sir,
I have planned to buy a plot in a gated community in Hennur Road, Bangalore. The Layout is approved by Gram Panchyat in Dec2009. The layout is under BBMP and the developer has obtained BBMP Khata for the entire layout. Also,layout is DC converted with BDA NOC. I have couple of questions to ask
1. Is is safe to buy such a site.
2. Can gram panchyat approve layout which is under BBMP
3. Will bank give loan to such sites?
4. Will I get a BBMP individual Khata later?
5. Should I pay any betterment charges?
6. The family tree is signed by a notary. Does this hold good as I heard it should be given by Gram Panchayat office.
On legal aspects, the entire layout is formed on 2.6 acres and shared among six brothers. These brothers have given irrecoverable GPA(registered) to one of the brother to sell sites formed in the layout. My concern is that the brothers who have signed GPA have minor sons & daughters. Can this be an issue for me to buy?can these children file a suite. Earlier ,this property was bought by father of six brothers.
Regards
Manoj
Raj Kumar Makkad
(Expert) 14 April 2010
Your whole query becomes a futile exercise as purchasing of such ancestral property of the minor without obtaining a court permission is full of coming dangers. You may face serious problem when minor seller brothers become major and they chellenge the sale made in your favour. I suggest either insist the seller to obtain court permission or to leave this purchase.
However, I provide the answer to your serial-wise asked questions as follows:
1. Yes.
2. Relevant rules are required to be studied first.
3. May give.
4. Yes. By filing suit for partition.
5. Yes, if any society is formed and it takes the responsibility for the betterment.
6. No. It should be given by Gram Panchayat.
Querist :
Anonymous
(Querist) 15 April 2010
JUst to clarify, there are no minor sellers here. I meant to say that out of six seller brothers, two brothers have minor sons and daughters.further to the query,out of six shares, would it be safe if I buy a site from the partition where there are no minors involved.
