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Kesav (Senior level)     06 August 2013

Plot sale after one year

Dear Sir,

I am from Chennai and planned to buy a plot (Land) in CMDA approved layout. The builder is saying that the plot is belong to special category (public purpose plot)  i.e. the plot should not be sold for one year from the date of CMDA approval, during the period, If government wants to build up a “Post/Telegraph office” or “Police station”, etc in the layout then they buy the plot from the builder at the cost of Guideline value; If the government does not buy the plot in the aforesaid period of one year, then Builder can sell the plot to anybody for residential purpose.

And the builder showed me the same rule/statement, which is clearly mentioned in CMDA layout document.

When I check for loan from Axis bank for the same plot, they said that “ the plot is eligible for loan only after one year, so

they can sanction the loan after one year only”.

Now, the plot the completed its one year period of time, and the banker is ok to sanction the loan for the plot. so can I buy the plot and what are the document should I get from the builder for the aforesaid plot?

Note:I have attached part of CMDA snapshot for your reference



Learning

 2 Replies

Vignesh Venkat (Part)     07 August 2013

The promoter has an absolute right to sell 90% of the layout to any person he wishes to. This 10% is a reservation for "Public purposes". And this is what he is selling to you. As the first option, you could ask and purchase plots from the other 90% of the layout area as this would not come with any condition.

If the above is not available, you can can buy a plot from this 10% reservation category if the statutory 1 year priod has passed. (Make sure you get a declaration in the sale deed from the promoter stating that "No demand from any public department has been received within the period of 1 year"

Another aspect that you need to look into is whether the extent of the residential layout exceeds 10,000 Square metres. As per CMDA Development regulation 29(9), If the extent of the residential layout exceeds 10,000 Sq metres, then the 10% of the layout has to be developed as EWS plots (Economically Weaker sections). And the promoter has to sell these plots only for this purpose. (Therefore you need to make sure about this rule apart from rule 29(8) before purchasing.

Ariram Kandasamy   09 November 2020

I am planning to buy plot which is public purpose . Layout is formed in 2009. Builder is selling it nw. Few pl in local panchayat  say in future councillor or local leader can file case and block house construction for money. Or government want they can buy anytime. Is it possible 


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