Kanakashree layout, Hennur

[janardhangowda]

Advocate Muralidhara : 9845389634

[Suresh Heggade]

The present quoting rate in Kannur Kanakashree Layout is Rs.3200 to Rs.3400.

[LaxmiMadhu]

Hi All,
Urgently , anybody can help us with following clarifications : we are planning to purchase a site from housing society:

Long story short:
- In the housing society the rights to sell is given through UNREGISTERED GPA executed in 2007.
- Mrs “A” is the owner of the land who has transfered the title through "UNREGISTERED GPA" to her husband Mr “B” who is also the president of housing board society.
-Mr B has developed the land by getting approval from BDA & sold/alloted(through sale deed, represented ONLY by GPA holder of Mrs “A” i.e. Mr B) sites to members of the housing board society.
In the sale deed between society to allotes, Mrs “A” the owner of the land is not present , but Mr “B” has represented Mrs “A”
-Now the members of society are selling the sites to other parties.

Clarification required is :

-Title transferred through UNREGISTERED GPA in 2007 from Mrs A to Mr B is VALID?
-Is the "UNREGISTERED GPA" an acceptable instrument in the Indian courts for settling any disputes that may arise in future.
-Please clarify, At the time of transfer of title through "UNREGISTERED GPA", the ownership of all land has also being transfered to Mr B(president of housing board), hence Mrs A or any of her legal heirs at present or in future does not have any right on this land as per the law prevailing in India for any action taken by Mr B(like selling or alloting the land)

The above may be an irrelevant points, even so please help clarify. The reason being while getting the papers of the site for legal process first of all we were not given copy of that "UNREGISTERED GPA", it might be a minor unintentional mistake (we are going through . But later after checking the documents our lawyer asked us to get a consent witness from Mrs A. But we were refused the same saying that if they give it to us they have to give it to all site owners, so we requested to get just one common consent deed for all the site owners so that Mrs A has to make only one signature. Even this was rejected saying that no body has asked this before so why should they give to us.

We do understand this is not a problem at present, but in future if any of Mrs A's legal heirs come & demand that all the sites are sold by Mr B without knowledge or consent of Mrs A, she was not aware of this transactions happening then do we as owner of land have strong stand legally??

We do understand Mrs A & Mr B(president) would be really busy having to deal with lot of transactions every day. But since we are investing our life time money for our dream house just trying to be xtra precautious. Also dont want my son to fight for this house in future, when getting a piece of land would be rare & too expensive

Those who think the above is unimportant please ignore this message. Others please help if you can, we are not good at any legal terminologies. Hence any tiny bit of information on the above would be highly appreciated.

Thanks & Regards,
Laxmi..//

[gbsch4]

First of all remember (whatever your lawyer says) transactions with UNREGISTERED GPA can be void in case of any future disputes in any court of law in India. In case if Mrs A has made a Registered GPA earlier or after the date she gave Unregistered GPA, or has made a gift deed, then in the courts will only consider the registered documentats as per the precedence - 1. Gift Deed, 2. Registered GPA. Who knows what Mrs A has done and she might be hiding the facts. Nowhere Unregistered GPA will be considered in the court and will be straightaway thrown out. Courts accept registered consent deeds as evidence.

The very fact that Mrs A is not willing to sign a consent deed in itself shows there is something (daal mee kala hai) fishy. Courts accepts registered consent witness document as evidence. If she signs, then its ok and in case of future disputes she / her heirs will be answerable to the court.

So unless Mrs A signs a consent witness and agrees to get it registered, stay away from purchasing the plot.

Regards

Ramesh

[janardhangowda]

Hi All,
Urgently , anybody can help us with following clarifications : we are planning to purchase a site from housing society:

Long story short:
- In the housing society the rights to sell is given through UNREGISTERED GPA executed in 2007.
- Mrs “A” is the owner of the land who has transfered the title through "UNREGISTERED GPA" to her husband Mr “B” who is also the president of housing board society.
-Mr B has developed the land by getting approval from BDA & sold/alloted(through sale deed, represented ONLY by GPA holder of Mrs “A” i.e. Mr B) sites to members of the housing board society.
In the sale deed between society to allotes, Mrs “A” the owner of the land is not present , but Mr “B” has represented Mrs “A”
-Now the members of society are selling the sites to other parties.

Clarification required is :

-Title transferred through UNREGISTERED GPA in 2007 from Mrs A to Mr B is VALID?
-Is the "UNREGISTERED GPA" an acceptable instrument in the Indian courts for settling any disputes that may arise in future.
-Please clarify, At the time of transfer of title through "UNREGISTERED GPA", the ownership of all land has also being transfered to Mr B(president of housing board), hence Mrs A or any of her legal heirs at present or in future does not have any right on this land as per the law prevailing in India for any action taken by Mr B(like selling or alloting the land)

The above may be an irrelevant points, even so please help clarify. The reason being while getting the papers of the site for legal process first of all we were not given copy of that "UNREGISTERED GPA", it might be a minor unintentional mistake (we are going through . But later after checking the documents our lawyer asked us to get a consent witness from Mrs A. But we were refused the same saying that if they give it to us they have to give it to all site owners, so we requested to get just one common consent deed for all the site owners so that Mrs A has to make only one signature. Even this was rejected saying that no body has asked this before so why should they give to us.

We do understand this is not a problem at present, but in future if any of Mrs A's legal heirs come & demand that all the sites are sold by Mr B without knowledge or consent of Mrs A, she was not aware of this transactions happening then do we as owner of land have strong stand legally??

We do understand Mrs A & Mr B(president) would be really busy having to deal with lot of transactions every day. But since we are investing our life time money for our dream house just trying to be xtra precautious. Also dont want my son to fight for this house in future, when getting a piece of land would be rare & too expensive

Those who think the above is unimportant please ignore this message. Others please help if you can, we are not good at any legal terminologies. Hence any tiny bit of information on the above would be highly appreciated.

Thanks & Regards,
Laxmi..//

FYI : Presume the clarification is regarding Kanakashree as posted in this forum.

There is a valid Registered Irrevocable Power of Attorney dated 18/01/2010 ( which covers all lands acquired by A @ kyasanahalli, Byrathi, and Kannur ) from A to B which Appoint, Nominate, Empower and Constitute Housing society represented by B as president

[bdasites]

Hi, does anyone who bought a plot in kanakashree byrathi have the layout plan with BDA Stamp on it? We are currently applying for a loan with hdfc and the layout plan we have has some signatures but does not have the bda stamp on it. HDFC says they cant go ahead without getting a certified copy and we are having a tough time getting it.

If anyone has it, kindly share. It will be very helpful

[Whitewing]

Did you check with the housing co-op society? The society office is located in Basaweshwaranagar.

[bdasites]

Hi Whitewing,

the owner says they are very uncorporative so we are finally formally applying in BDA head office.Rs 300 challan official charge and agent says Rs500 bribing.
Thanks for your response

[jag_bda]

Dear site owners in this layout,

I am looking at buying a site in this layout. I will be grateful if you could help me with the following details -

1. Water and electricity have been made available for ALL sites in the layout now? See a huge water tank - but is it ready to pump water currently? - same with electricity?
2. Is there any monthly maintenance charges to be paid?
3. Could you please let me know the current rates? - should we be avoiding any sites in any particular locations within the layout - particularly in the far end of the layout - should it be priced relatively lesser?

Thanks for your help.

[srinivasamurthy1]

looking for sites in kanakashree layout [byrathi/kannur] immediate settlement,only owners mail me with detail [site number,facing,and which layout (byrathi/kannur)] srinivasamurthy1@indiatimes.com NOTE - I'M A BROKER,WITH LOT OF NRI CLIENTS AND PROPERTY INVESTORS, SERVICE CHARGE OF 1% IS APPLICABLE.