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G.H.Rao (self)     03 October 2012

Home loan query


Dear all

I selected on flat for purchase in kothapet area. The appartment of 4 floors built in year 2000 under LB nagar muncipality. At that time the builder was taken permission for construction of home and instead he built 4 floor appartment.  The vendor purchased flat in the year from first party in year 2004. The first party purchased in the year 2002.The link document copies of land are available from 1990. Here my query is

1. Can i get the BRS for this flat.

2. Can I get loan from any bank w/o BRS.

3. If I purchase the same is it safe.


Pl answer my query at earlist pl.


 5 Replies

Chandrasen Upadhyay (Legal )     03 October 2012

Since your query discloses inadequate factual information which are required in order to ascertain legality in title of the property as well as construction thereon.

However, it could be suggested to have done a proper legal due diligence for land along with construction thereon by a legal expert from the same locality. Could also check with concerned local authority / municipal corporation and registrar of assurance about legality, compliance of terms and any lien / charges etc.

sourav kumar bodhak (consultant)     03 October 2012


recently we are purchased a agriculture land for our new rice mill in Burdwan, west Bengal and mutation have been done three month back we are already applied land conversion from agri ti non-agri (comm) two months back. now we want to build up a boundary wall on own said land . my question is what procedures are to be followed for constructing boundary wall on own agricultural land?



G.H.Rao (self)     04 October 2012

Thanq sir

The land of appartment is 680 yards and this flat is having undiveded share of 38 sq yards. The link documents are perfect and the query is about construction which is not having any BRS. Pl guide me sir


Chandrasen Upadhyay (Legal )     04 October 2012

Unless it is converted from agricultural into non-agricultural by collector or other appointed authority in the locality and its proper usage is ascertain (whether commercial or residential), concrete construction of wall is not suggestable, however you can fence your agricultural land to protect it from cattle. It's upon you whether you want to fence it or separate by concrete wall and doing separate ploting of your land. Please note, unless NA permission is granted, ploting of agricultural land is not permitted in most of the states. 

Chandrasen Upadhyay (Legal )     04 October 2012


Dear Mr. G. H Rao

This deal may jeopardize your interest, hence not advisable. Please note, illegal construction which is done without proper approval of plan and in non-compliance thereof, can be demolished at any point of time and even owner shall not be entitled for damages also. However, it is seen that sometimes Govt/ Municipal Corporation regularize old illegal construction by imposing penlties etc. but chances are very remote and risk is 50-50. Home is purchased for self as well as further generatioin, then why to take a property which is not as per approved construction plan. Further, bank may also turn down request of granting loan and in other way, granting loan by bank does not certify right title and legality of construction of property.

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