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Vaskar Das (Analyst)     20 November 2014

Legal document while buying a flat in bangalore

Need a help and advice.
While buying a flat my lawyer is asking to provide below documents which builder does not have. Can some one guide me what are these docs and if builder does not able to provide what effect it can be in future or can be ignored.
1. Endorsement under Section No. 79 (A) and 79 (B) of Karnataka Land reforms Act,
2. Endorsement under Section No. 7 under Section 48 (A) and form No.7-A of under section 77 Karnataka Land reforms Act,
3. Endorsement of P.T.C. L Act,
Thanks in advance...



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 6 Replies

Advocate Ravinder (Advocate/Attorney)     22 November 2014

Your lawyer wants to make title verification of the land.  The above documents relates to Land Reforms. For example Land Ceiling is one of the Land Reforms Act.  The government grabs the land of owners who are having huge land and leave some extent for his enjoyment.  This grabbed land will go in govt custody.  This will be done to control Jagirdari (something like income tax).  Your lawyer would like to know whether this particular land comes under the grabbed land or left out land for the owner occupation.  If it is the case of first one, then your land will not have title and the builder will not get building permission.  Even if the builder manages to get building permission, later the building can be demolished. 

 

Nowadays builders are not taking there time to collect the above documents, due to their busy schcedule.  If the builder is not interested to get the documents, you can apply, as they are public documents and moreover you are the proposed purchaser.  You have to tell them your Survey number and Tahasildar Office Name.  You have to apply for the documents in the land ceiling department.  If you have any doubt you can also visit Tahasildar Office or Collector office, they will guide you.  You can also apply under RTI Act. For further doubts and clarifications contact me 7893011777 or ravinder2345@gmail.com.

Vaskar Das (Analyst)     23 November 2014

Thanks for your reply...I just wanted to know if i directly go to tehsildar office and apply for these docs,will this cost me a huge amount?

T. Kalaiselvan, Advocate (Advocate)     24 November 2014

You do not have to under take the expenses.  Your builder has to provide the documents for verification so that the title of the property can be established. Better ask your builder to provide the details required by your advocate who will render his opinion towards the marketable title of your builder/vendor.

Vaskar Das (Analyst)     24 November 2014

I have asked builder regarding these docs. 

 

About 1st and 2nd one builder informed he does not have these as he has not applied as his lawyer told not require.

About the last one builder informed that, although he does not have the document for this but while agreement he will mention in the agreement paper that for any issue in future for this document builder will take the responsibility,

Need your advice that if i ask builder to put other 2 document responsibility also in the agreement, and in future is any issue happen will these suffies??

T. Kalaiselvan, Advocate (Advocate)     25 November 2014

The strict requirement of the said documents will depend upon the lawyer who gives opinion to your property.  It may be in is view and as per his understanding that the said documents are vital, the builder has to provide the same, if he doe not, then better do not venture into the purchase than lamenting over the legal issues at a later stage because the builders do not keep up the promises at a later stage when there is an actual problem.

adv.bharat @ PUNE (Lawyer)     26 May 2016

consult local lawyer.


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