Mismatch in Layout Plan and Sale Deed

[venkathebbar]

Hi All,

I took a property in a layout where in the layout plan dimension mentioned as 30*30 but where in sale deed it is 35*40. I paid and registered property for 35*40. Recently I did A Khatha and paid betterment charges for 35*40. In all other document (mother deeds and everything) it has recorded as 35*40.

And few land brokers want to take advantage of this and they are asking adjacent site owner to move into my site as I have 30*30 in layout plan. Intention behind this is for them buy the site for very cheap rate.

Can anyone please suggest in this case which one holds good, sale deed or layout plan? If I want to sell or construct a house, can someone get stay from court to stop that.

I need advice from from you all who has some information and idea on this. Thanks in advance.

[ardesarchitects]

Hi,
Layout plan is used for location of site not for exact measurements .The site size is defined by your sale deed with neighbor site numbers mentioned.Some cannot bring in a layout map and claim a site size from it.
If someone can claim from a layout map then it should be checked across all the site and find out where is your additional 5' missing .There are chances of correction in the layout plan once exact marking are done but that has to be done before the sales happens .

Regards
Ar.Praveen.N
Ardes Archtiects and interior Designers
www.ardesarchitects.com
https://www.facebook.com/ardes.architects
ardesarchtiects@gmail.com

[gopikrishnamr]

Hi,
legally speaking what actually conveyed in the sale deed holds good for the purpose of measurement.

Regards
Gopikrishna M R

[prabhu422p]

Always sale deed matters.In ur case sale deed measurement matches with physical dimensions of the site.Pls check if the layout paln ur referreing is the latest one.

Thanks
Prabhakar

[RamKou]

BTW, is your layout plan approved by authorities?
Before purchasing site, One must ensure that the site markings are clear and always good practice to take measurements to match with documents and atleast for our own satisfaction.

[venkathebbar]

Thanks Praveen, Gopikrishna, Prabakar and Ram. Sorry for the late response as i met with an accident.

Layout builder is telling he lost original layout plan. Is there any other way to get the layout plan? If there is mismatch in layout plan and sale deed then how to correct it. Please let me know if any of you have a good view on this. Current layout plan is a xerox copy and which is not cleared on authorities approvals.

Builder is demanding 1 lac each from all 4 site owner for rectification deed. Actually it was his mistake and he is not agreeing it. Please advice on how to handle this.

[fathima]

Dear Everyone,

I am new to this site.I would kindly like some suggestion for the below mentioned issue:

I purchased a 2 BHK flat in a newly constructed building in kamaanhali area.I got all the related documents for the flat from the builder even 16yrs record of EC.All seemed perfectly fine and so we bought the flat for 65 Lakhs. Later gave it for tenants at a good rental rate.

Now the problem came was when we wanted to take mortegage loan on this flat with all clear documents up to date,the bank rejected our approval .The reason being: My flat is on second floor of the building which has another 3BHK flat too on the same floor.The bank's argument for rejecting is that the builder was supposed to build only one flat per floor as per the approved sanctioned plan and by making two flats,he has deviated from the approved plan.!!!!

I even got the khatta and khatta extract which was BBMP approved for the flat,but still no bank accepted for the loan.
The builder washed his hands by saying that no one builds according to the sanctioned plan and he would have been in loss if he made 1 flat per floor.

In short,we can sell the flat any time if the buyer has money(which we don't want to ,as its in a good locality close to HBR layout),But only drawback is that we cannot get loan on this flat !!!

Now we are sooo confused what to do with this flat.Please guide me for any suggestions.If someone know any thing .we are too worried now.
Awaiting any kind and helpful replies.

Thanks,
Fathima waasia.