Kanakashree layout, Hennur

[parkom]

Jsg_bda while water piping and sewage connection lines have been laid across the layout, the water supply station and stp (am not sure if it is constructed yet) is not functional. The agents say it is awaiting the critical mass for number of houses constructed, but that appears to be a long time away.

[vidyact]

Hi All,
I would like to give very important hidden information about Kanakashree Layout Byrathi and Kannur.
The layout is good. But they are not legally correct.

The GPA(General Power of attorney) is not registered and unregisterd GPA is 100% invalid for any property.
I am giving few links to refer below:

http://indiatoday.intoday.in/story/prop ... 54711.html
http://articles.timesofindia.indiatimes ... eral-power

I will give more details in my next replay.....

And legal adviser's opinion is its complete risk to buy this layout plot. The reason is GPA.
Please do not consider that you are on safer side if you get load from any nationalised banks......Banks will never check 2nd trasfer details. They just check your owner's details.

[bdasites]

We got papers on a site in this layout verified by the forum's lawyer Adv Murali and as per him, its safe to buy. I'll write what I understood from his explanation. Government made registration of GPAs mandatory from 2011. Any GPAs executed after this time without registration are null and invalid. I (not the advocate) am not entirely sure of the status of GPAs executed prior to 2011. The advocate said the GPA could still be used as an evidence if dispute arises. As its not registered, it won't be conclusive proof but more like collaborative evidence specifically because this GPA was executed prior to 2011.

Also, from a practical perspective, the GPA was executed by Mrs. A in respect of the society. The society's president is the husband of Mrs. A, and he signed all the documents including the GPA and individual sale deeds. So, in case there is a dispute, it would be between Mrs. A and her own husband. Though noone can rule out something like that can't happen, the probability of something like that happening would be slim. Also, Mrs. A herself got the original title mostly as a result of MoU with the society (where she would act as an intermediary in procuring the land).In effect, Mrs. A didn't inherit the land from her ancestors, but bought it from another person, and transferred it to the society through GPA.

[bdasites]

We got papers on a site in this layout verified by the forum's lawyer Adv Murali and as per him, its safe to buy. I'll write what I understood from his explanation. Government made registration of GPAs mandatory from 2011. Any GPAs executed after this time without registration are null and invalid. I (not the advocate) am not entirely sure of the status of GPAs executed prior to 2011. The advocate said the GPA could still be used as an evidence if dispute arises. As its not registered, it won't be conclusive proof but more like collaborative evidence specifically because this GPA was executed prior to 2011.

Also, from a practical perspective, the GPA was executed by Mrs. A in respect of the society. The society's president is the husband of Mrs. A, and he signed all the documents including the GPA and individual sale deeds. So, in case there is a dispute, it would be between Mrs. A and her own husband. Though noone can rule out something like that can't happen, the probability of something like that happening would be slim. Also, Mrs. A herself got the original title mostly as a result of MoU with the society (where she would act as an intermediary in procuring the land).In effect, Mrs. A didn't inherit the land from her ancestors, but bought it from another person, and transferred it to the society through GPA.

[vidyact]

Hi,
We highlighted that GPA is done before 2011 to advocates(we consulted 5 legal advisers ) and it is b/w a lady and a society and her husband is President of this society. But they replied that old GPA should be updated.
After Oct 2011, GPA registration is mandatory and previous GPA should be updated and revised(as per advocates). OR "A sale will be possible only if the property has been converted to freehold and title for the property obtained. The GPA on its own will not suffice".

[bdasites]

After Oct 2011, GPA registration is mandatory and previous GPA should be updated and revised(as per advocates). OR "A sale will be possible only if the property has been converted to freehold and title for the property obtained. The GPA on its own will not suffice".

Hi,

In this case, the GPA was done sometime in Jan 2010, and the individual sites were registered in allottee's names in May 2010. Can you let us know what should be the procedure for it. Regarding the second point "A sale will be possible only if the property has been converted to freehold and title for the property obtained. The GPA on its own will not suffice", I guess it was taken from your TOI link: http://articles.timesofindia.indiatimes ... eral-power (Qn: If someone has bought a property on a GPA which has been registered prior to October 2011 and now wants to sell it, can he sell it?). The way I understood the question is someone registered a property, which the seller got through GPA. Both transactions happened prior to Oct 2011.

What does freehold property mean? If it means, the individual site is completely owned (and not leased by the seller) and if he can build a house on it (from http://www.99acres.com/articles/index.p ... d-property), then the sites in Kanakashree layout are freehold I think. I am not sure what does "obtaining title for the property mean". Can you please clarify.

Thanks,
Sunil

[Suresh Heggade]

To All,

I believe somebody has been spreading falsehood on the layout to get the plots at cheaper rate from allottees/owners. I agree with Mr. Sunil. I do not agree with the argument that banks are financing without checking chain of title deeds, being a senior banker by myself. Banks are taking learned senior advocates as their panel advocates and they scrutinize all chain of documents, each and every transaction before certifying a title as free and marketable. The new building which is coming up in the corner of 2nd Main Road on 50'X80' plot belongs to a advocate (Mr. Venkatesh), who is a panel advocate for many banks including public sector banks. He or Mr. Murali may be approached for any legal advice.

[vidyact]

Hi,
@Sunil:
I took the mentioned lines from the link which I gave earlier because, as per the advocates whom we contacted I understood that the property owner should have complete ownership to sell. Since I'm not a lawyer/professional legal person and I could not get exactly what words to write down here(in order to not to confuse the forum readers) and I know forum members has more knowledge on these.
As per my advisers, freehold meaning is same as you mentioned. And as per their words, the title of the property means getting the OWNER title on the property. And they told me according to the documents the property ownership is not transferred and it is with Mrs. A. To get the ownership title they told me to get consent signature from Mrs. A.
One question they asked me: Can you transfer a property of value in crores to any other person/group of people/society using just Rs. 200 stamp paper? and get notarized.
Logically I was blank for this question.
They agree all layout related property is with Mrs. A and the documents are good but when it comes to the question of selling that property to many members by the society through Mr. A (GPA holder) is there is a legal flow from Mrs. A to Mr. B? Somewhere it should be registered right ?
Say in future this society close off and I do not hold the GPA copy from the society while property purchase, if I want it in future where can I go?
Since the GPA is unregistered one how can I get confirmed that the GPA is signed by Mrs. A only.

We were very interested to buy a plot in this layout, now also we are interested but only if we get legally convenced.

We made an agreement also for a plot in this layout and we paid some huge amount also for the agreement then we got the documents of owner(after the token advance we were not given the owner's documents). We applied for the loan also, the process was almost to complete and also we contacted few people who are already brought plots in this layout and we were happy. One of our well wisher who had already faced this kind of GPA issue advised us to go for legal advice without mentioning the GPA issue before.

So we contacted 2 known advocates, 2 new advocates from outside of our links and 1 advocate who work as legal adviser to a bank. And spoke to 3 legal adviser through phone mentioning the flow. From all of them we got almost same replay and they mentioned to get consent sign from Mrs. A.
Now tell me how can we proceed for the site registration. Meanwhile I checked this forum and found one more replay in the forum which mentioned the same GPA issue.
If any one advocate was told us it is safe to buy we would have ignored other 7 advocates' advice happily and owned a plot by this time.
I also put my same questions in some other advice forums. I received the same replay of risk.

Then we dropped it. We also asked owner and his party(who is from the society) about the GPA that parson(party) told us "THEY HAVE TO PAY HUGE AMOUNT IN CRORES IF THEY WANT TO GO FOR THE GPA REGISTRATION". So here even they know that GPA should be registered(may be)...I have recorded proof also for this for my reference.
And we asked for Mrs. B's signature for that party told if they get it for me, then others will also come for the same.
At least we could make the difference in their behavior and body language when we asked about the GPA(again its our observations and understanding).
It took almost a month to get back our money which was paid during the agreement with no reason.

We spent some reasonable amount for the agreement, for token advance and for other process related works.
And we tried our level best to buy this property, we actually completely stood and supported this layout while our discussion with advocates.

I really thankful to Sunil for his replay. I definitely consider this forum will help me to get more relevant information to buy my dream property in Bangalore.
Please advice me where can I get more details about this layout and GPA issue so that I can explore. It would be helpfull for me.


@All readers:
Please do not consider this is just I am making false statements here. Whatever I faced and I exposed and explored I just wrote here.
And of course its each persons' own decision and conclusion about their own property. Definitely each person will do their extra check and good conclusion on each property they buy.

For bank loan, bank took my documents and plot owner document(not owner's previous documents). Mother deed or GPA or any other docs were not asked from us. They confirmed me that they don't want these base docs. I am not sure about the loan process as I am not a bank professional. But I agree bank will be do their required check before they issue loan.

We felt there is some stop(fishy) with this deal so we stopped. Definitely it is not for bargaining the plot for cheaper rate. If a person think there is some issue and of course he may not try to invest it for the half of amount also(may be people like me, if I get it for govt. value also I will not buy if I'm not legally satisfied. I look out for peace first then the money).

My legal adviser's opinion is that the risk/problem may not or may rise in 5yrs or 10yrs or after long time. This 'MAY' word we did not liked it


--Thanks

[bdasites]

And we asked for Mrs. B's signature for that party told if they get it for me, then others will also come for the same.
At least we could make the difference in their behavior and body language when we asked about the GPA(again its our observations and understanding).
It took almost a month to get back our money which was paid during the agreement with no reason.

Thanks Vidyact for the detailed reply. So the best way forward we are thinking is to get the consent signature from that lady. If you know more details about this , can you share with us? 1) on what kind of document do we need this? 2) should it be a stamp paper/registered doc. 3) DO you know the format of this consent letter? 4) Did you approach the lady or society for this letter of consent? what did they say? DO they need some money to give this letter? 5) WIllthis letter be a valid document if we get it? 6) Any other tips in getting this? please help as we are also about to register and need to make a discision soon.

Thanks,
sunil

[vidyact]

Hi,
Consent signature will be on your SALEDEED from Mrs. A and from your seller when you go for your registration.
Say, you are buying the plot from Mr. ABC and while registration you will get consent signature from Mr. ABC on the SALEDEED (as per my understanding).
But I am not the correct person to tell you about this. I suggest you to get more details from an advocate on this. If you don't know any advocate please try to contact one from anyway. You can also refer sulekha site to get any advocate contacts under Property advice tab (http://property.sulekha.com/bangalore-property-advice). Contact more than one advocate. Please collect GPA copy from your seller or broker if you do not have one and take that copy for all discussion so that advocates understand the exact senario.

You can also read more about this from net. You can also refer below:
http://archive.deccanherald.com/deccanh ... 061116.asp

NOTE: It is not witness sign.

But for us the party told they can not ask Mrs. A for the consent signature.
Incase you get it and successfully register your property, kindly let me know the details so that I can also try out the same .

--Thanks