Realty Housing

Way back, on 31st August 2010, the Supreme Court of India ruled that a builder/ developer/ promoter (of flats/ group housing) cannot sell open or stilt parking area (meaning uncovered or covered parking space) once the owners' society is formed, as the said space becomes a part of “common areas and facilities” of the Society.  The judgment was delivered by a bench of Justices R M Lodha and A K Patnaik in the case of Nahalchand Laloochand Pvt Ltd (a promoter from Mumbai) vs Panchali Co-operative Housing Society Ltd, subsequent to an appeal made by the former against a Mumbai…

Suresh, an employee of a private firm, waited patiently at the Bangalore Development Authority (BDA) premises, for his name to announced in the flat allotment list. He had applied for a one bedroom flat in Kaniminike, as he trusted the BDA, and was wary of going through any middlemen to purchase a house. He was one among the hundreds who waited with bated breath to see if they would be lucky, in flat allotment that took place on November 27th 2014. In its 4th notification dated February 28th 2014, the BDA called for applications for 4,228 flats (1BHK EWS category…

  ‘Development’! This term sends chills down my spine these days! I want to just run away from this once beautiful city of Bengaluru which is being ransacked from all sides.  As I drive past any highway, it is nauseating to see huge hoardings of various builders – 3 BHK, 4 BHK apartments/villas with all modern facilities such as gyms, parks, swimming pools, clubs, malls and what not for sale starting from Rs.1 crore!   ‘Crore’ was a figure which I saw only in a bank’s day book when I worked for a Bank!  But today all Tom, Dick and…

Checking the zonal map of Whitefield area can help finding out some violations. Courtesy: clearvalue.in To understand why some of the confusions arise and why getting Khata is not easy sometimes, knowing the background is important. Here is some backround to the whole issue. Till the late nineties, if I remember correctly, Whitefield was a Gram Panchayat. The administration of Gram Panchayats is governed by the Karnataka Panchayat Raj Act 1993. Under this Act, the Panchayats are also empowered to collect property taxes. For this purpose, Whitefield Gram Panchayat used to maintain Khata registers. Older residents of Whitefield have copies…

Although almost all the consumers in Bengaluru who purchase flats and apartments are concerned about A or B khata, they do not bother to verify whether the property purchased by them has a valid Completion certificate / Occupancy certificate. In simple terms, the absence of a valid Completion certificate / Occupancy certificate, means that the building may not have been built as per approved plan, and the threat of demolition of unauthorised structure looms large. Further, if you want to sell or hypothecate the property after a lapse of say 10 years, you will not be able to do so,…

Lack of occupancy certifcate might mean your dreamhome might have certain violations too. File pic. “We are happy to inform you that your dream home is ready for possession and registration. Handover & registration process will be initiated on receipt of the balance payment. We wish you a comfortable stay in your new apartment.”  This is the news you have been waiting for! Ever since the day that you booked the apartment, three years ago, you have been saving and planning to fulfil the dream of your very own home. This email is soon followed by the Final Payment Request Letter…

Bruhat Bengaluru Mahanagara Palike (BBMP) will form a committee to investigate the A khatas issued by its officials for revenue sites across Bengaluru. BBMP took this step in the wake of complaints by many corporators on A khatas being issued by BBMP officials for revenue sites or revenue pockets, for a hefty bribe, allegedly between Rs 50,000 to 5 lakh, depending on the size of the plot. On May 28, 2014, BBMP Council Meeting saw high decibel discussions, when BJP Corporator from Kacharakanahalli ward, Padmanabha Reddy, took up the issue. He showed the documents and khata certificates issued recently to…

The National Green Tribunal (NGT) has ordered an interim stay on the mega-project coming up on the land between Bellandur and Agara lakes, in Bengaluru. This was in response to a petition filed by The Forward Foundation, Bangalore, Praja RAAG, Bangalore and Bangalore Environment Trust. The stay order issued on April 16, 2014, states that “the Tribunal is satisfied that there is a substantial question connected to and concerned with environment which has got to be enquired into.” It observes that “the construction activities are carried on in an extent of 13,50,455 m2 in an area of 80 acres in…

It is everyone's dream to own a home and live in it. In rapidly urbanising Indian cities, especially Bangalore, without the right homework, chasing that dream can result in far more stress than expected. A range of documents is needed at various stages to proceed with a property deal. Regulations, rules, documents, and a maze of procedures can stump you or complicate matters if you are not well prepared. Many of us are unfamiliar with what is required until we actually face such a situation. We are also prone to commit mistakes if we do not ask the right questions…

High Court judge Justice Venugopala Gowda, during the hearing between Chalet Hotel v/s HAL on Tuesday, March 25th, 2014, observed that HAL failed to crosscheck the height elevation submitted by the Chalet hotel to construct Raheja Viverea at Koramangala. Doubting on the authenticity of the height certificate procured by Precision Survey and Ambedkar Institute, Justice Venugopala Gowda said, “The certificate doesn’t even have BBMP’s letterhead. It has the letter head of company.” What is BBMP’s role in this issue? Ministry of Civil Aviation Notification no. SO84, dated January 14th, 2010 mandates all vertical structures near airport to procure a height…