Though the
apartment culture has captured Bangalore, the original Bangalorean still
prefers an independent house. The old Bangalore was known for its bungalows,
with vast open spaces, lawns and gardens. In present days, as the cost of land
has sky rocketed, one can hardly afford to own a bungalow. Instead independent
houses on smaller plots are preferred on the outskirts of the city.
Purchase of site is the beginning of construction of a house. “Sites in the shape of perfect
square, rectangle is suitable for good construction. Sites should be nearer to
the infrastructure and civic amenities like, school, hospitals, bus stops,
recreation centers, milk booths etc.
The sites are of
different types based on its formation, origin. Broadly, there are BDA sites,
BMP sites, Housing Co-operative Society Sites, City Municipal Council sites,
private layout sites, Converted sites and Gramathana sites, revenue sites,
which are available. This article refers to purchase of sites, but not
allotment of sites from BDA.
BDA Sites
These are the
sites, which are in the layouts formed by the Bangalore Development Authority
or erstwhile city improvement Trust Board. The sites are allotted to the
eligible applicants. Legally, these sites are best, provided all the documents
are correctly scrutinized. It is the development authorities, which pass the title of the site to the allotter. These development authorities follow
prescribed legal procedure to acquire the lands from public, and form layouts,
with all the infrastructures like power, water, and roads. Hardly there is any
need to trace the title of the property before acquisition.
The documents that
are required to be examined are allotment letter, possession certificate,
payment receipts, absolute sale deed, Khatha Certificate, tax paid receipts and
Encumbrance certificates. Apart from these documents, in case of earlier
allotments lease cum sale deeds need to be verified. The development authorities, previously were handing over the sites to the allotters’ on lease
cum sale basis, for a period of ten years, where in the allotters were not
permitted to sell the sites during the lease period and has to construct a
house within and period of three years. In such cases, the allotters do not get
absolute title over the property and their rights are only that of lessee.
The development
authorities reserve powers to cancel the allotment and resume the sites if the allotter
fails to comply with the terms of lease. In such cases purchase of such vacant
sites is not recommended even though the stipulated lease period has expired,
as the allottee is bound to construct the house within the stipulated period.
In simple terms such vacant sites are not for sale, unless the development authorities waive the conditions.
However from
23.10.2000 the BDA has removed the system of lease cum sale agreement and is
executing the absolute sale to the allottee. In case if one is purchasing a BDA
site from a person other than original allottee, the sale agreement, sale
deeds, revenue records tax receipts in the name of the subsequent purchasers,
have to be examined.
A caution here
There are many fake BDA documents in circulation. It is necessary to check the genuine of the
documents and nature of the site with the development authorities, before
purchasing the same.
BMP Sites
These are the
sites, which are available in Bangalore Mahanagara Palike Jurisdiction. They
are private properties, inherited, partitioned acquired by individuals. Vacant
sites are very few in this category and comparatively costly. Title of property
is required to be traced to the origin, with successive deeds of transfer,
wills, partition deeds, family trees, encumbrance certificates, and revenue
records such as Khatha endorsement, Khatha Certificate, Khatha extract, tax
paid receipts. Though many advocates restrict the tracing of the title to 13
years, it is advisable to verify the records for at least 43 years. Apart from the records mentioned above, the records of city survey office have to beverified. Definitely a complicated process as many records are very old not
decipherable, and non-availability of old documents.
Housing
Co-operative Society Sites
These sites may be
placed at par with BDA sites. Government or development agencies acquire land
and allot to housing co-operative societies these societies form layouts, which
are allotted to its members. Only sites formed by any approved societies have
to be purchased. Byelaws, registration details of the society have to be
studied. Societies allot sites only to its members and put various restrictions
on sale of sites. Layouts formed by Co-operative Societies require approval
from concerned authorities. Check all these details and whether the seller is a
member of the society. If there is any restriction on sale during certain
period, insist on no-objection certificate from the society. In most of the
cases, the purchaser may have to become a member of the society. Verify the allotment letter, absolute sale deed, Khata, Tax paid receipts and encumbrance
certificates. If the society has acquired land directly, call for conversion
certificate, and verify. The title of the seller from whom the society acquired
the lands.
City Municipal
Council Sites
There are 7 City
Municipal Councils and one Town Municipal Council surrounding the Bangalore
city. The sites in the limits of these authorities are mostly owned by private
individuals, some of the sites are acquired by Government. Infrastructure is
very poor. The process of tracing the title is very complicated. But some extra
pre cautions need to be taken. Verify whether the betterment charges have been
paid, if not purchaser may have to pay it in the future. Many lands in the area
of these local bodies are agricultural lands and conversion to non-agricultural
purpose must have to be done. Presently City Municipal Councils have stopped
collecting betterment charges and issuing Khatas. If the owner doesn’t have a
Khata, he cannot construct the house with the plan approved from CMC.
Site in private
layouts
These are layout
formed by private parties, other than statutory development authorities.Many reputed land developers have formed layouts around the city. Verify all the
documents as required in case of private property for a period of 43 years.
Apart, from the above check whether the land is converted for residential
purpose, and the layouts are approved by BDA or BMRDA. Verify the records with
respective offices. Many numbers of private layouts with D.C. conversion and
panchayat approval are available. Purchase of these type of sites involves
little risk.
Gramathana Sites
These are
residential sites, which were originally available in village panchayat areas.
They can be distinguished from Kaneshumari number, assigned to them. The
agricultural lands have survey numbers. The sites of this nature are very few.
Government has put restrictions on issue of license for construction by village
panchayats beyond their approved Gramathana area, original Gramathana sites can
be identified by examining old village survey maps available in survey
department. Examine all the records as is done in case of private property. In
addition verify the village records and form No. 9 and 10. Form No. 9 denotes
Gramathana site and form No. 10 denotes the building, which confirm that the particular property is original Gramathana site or not. But many village
panchayats issue from No. 9 & 10, though they are not Gramathana sites.
Many such sites fall in green belt area, where construction of residential
buildings is restricted. Extra caution is necessary while buying Gramathana
Sites.
Revenue Sites
These
are the sites formed in agricultural land. The very word revenue sites is a
misnomer. The revenue land cannot be used for any purpose other than agriculture.
Unless it is converted for non-agricultural residential purpose it remains as
agricultural land. Formation of layouts is not permitted on agricultural land.
Further layouts needs approval from BDA or BMRDA. Any one who purchases revenue
site is purchasing a agricultural land. Selling and purchasing of agricultural
land has strict restrictions. Only agriculturists with some income limit are
permitted to purchase agricultural land. Any purchaser in contravention of this
stipulation is null and void and the purchaser will not get any title and may have to loose the money. Most of the Revenue sites fall under Green Belt Area.As per zonal regulation green belt area is meant only for agricultural purpose.
The Revenue records such has Pahani and Mutations of these lands remain in the
name of the original owner even after it is purchased by others. Do not
purchase a site in layouts formed in agricultural lands, and which are not
approved by the concerned authority. Utmost care and precaution is required in
purchasing sites and guidance of experienced advocate is necessary.
For more details,
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