Wednesday, 13 November 2013

SITE BUYERS BEWARE

SITE BUYERS BEWARE

Agricultural lands cannot be directly used for residential purpose. They need to be converted for using them for residential purposes by paying conversion charges. The Special Deputy Commissioner is the competent authority to permit conversion of agricultural land for non-agricultural purpose. No building can be constructed on agricultural land without obtaining conversion and other approvals from the concerned authorities. Residential sites are to be formed only in the residentially converted land and such a land should be in the residential zone as per zonal regulations for getting approval for such conversion. As per zonal regulation of comprehensive development plan, the green belt area is meant only for agricultural activities. 

Property advocates
Advocate Selvakumar
Advocate Bangalore
Selvakumar Bangalore
Bangalore
Legal opinion


Non converted land continues to be agricultural land. There are various restrictions on sale and purchase of agricultural land. In Bangalore, only the Bangalore Development Authority (BDA) is the competent authority to approve the layout plan and to get this approval the layout should have specified road width, residential area, civic and other amenities. The Bangalore Metropolitan Regional Development Authority (BMRDA) is the competent authority to approve sites on the outskirts of Bangalore. It is very common that people in Bangalore buy house sites popularly known as “revenue sites” which are formed on the agricultural land without the approval of the competent authority for changed of land use from agricultural to non-agricultural purposes under the relevant provisions of Karnataka Land Reforms Act, Karnataka Land Revenue Rules and regulations without knowing the hassles involved in buying such sites. 

Litigation
Bank legal Opinion
Selvakumar advocate
Selvakumar
advocate
Property legal opinion
 


Local agents aided by certain landlords misguide the buyers and market their revenue sites. Middlemen ride Middlemen and the local brokers who have mastered the art of marketing motivate the innocent people to buy the revenue sites keeping them in dark of the hassles involved in the purchase of revenue sites. These middlemen normally pay a nominal sum as a token advance to the landlord and a general power of attorney is obtained from them to deal with such properties. Thereafter, they search for the prospective purchasers. The middle men, like double edged razors, hike the price of the land depending upon the situation while, at the same time, they do not finally settle the account of the land owners. These middlemen who consider themselves as above the law form layouts on agricultural lands without land conversion, approved layout plan, from the competent authority. To increase the saleable area of sites in these layouts, they will narrow down the width of the roads. 


 These layouts are formed without civic amenities and other infrastructural facilities To attract the customers, these people make colourful brochures with photographs of certain parts of Bangalore and paint an attractive picture. Some of them even download the foreign photographs of houses from internet for their brochures. After the sale transaction is complete, the purchaser will have bitter experience. In certain cases, the land owners in league with brokers will register some imaginary sites formed on the agricultural land using their clout and influence.

Ancestral Property In the recital of a sale deed, it is customary to mention how the seller has acquired his title, interests and rights over the immovable property from origin to the end. In case of revenue sites, the brokers have devised a very ingenious method to hide this fact. They merely mention in the recital that the property is an “ancestral property” of the seller. In this way the property passes on from the GPA holder to the purchaser. There are several instances where the land notified for acquisition and the land granted for schedule caste people have been converted into sites, where the purchaser of such a site would not get any title of the property. Then the law stipulates that certain lands, when granted to the schedule castes, will revert to them if purchased by others.

GPA transaction
Generally, brokers will take GPA from the landowner for the entire land and register in favour of the purchaser; Most of the revenue sites are registered on the strength of GPA. Very few people will take care to check the legality of the GPA executed by the original vendor. Nobody bothers to find out whether the GPA is registered or not, whether the executor of the GPA is alive or not. If the executor of the GPA is not alive the GPA transaction is totally invalid. A joint GPA executed by two owners becomes invalid if one of them dies.


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