Grant order for the granted land

[neerajvp]

Hello All,

Recently, i cam across a Layout (BHoo Vaibhava) near Hennur, Byrathi village.

This layout is A Khata approved for the land (not for individual plots) and the conversion is happened with the owners name with clear title.
I tried to get the documents verified with my lawyers;

One of the them mentioned that this is a granted land, so the grant certificate (application form, form8 and grant order) is needed to confirm whether this land is freed from the grant.
When queried to the developer, they says that they don't have the grant ceritificate, so they provided a NOC of it from Tahsildar mentioning that grant order is not present.

Now, my lawyer says that; it is very risky to purchase it, if you don't get the grant ceritifcate.

I'm confused now; can anybody put some light one this document and its importance.

Thanks in advance.

[tvsh]

If you look at the way records are kept at Revenue department, it is not surprising that grant orders would be missing for many properties. The villagers are no better and the grant certificate will not be kept by them too as property changed hands using RTC and by VA and RIs in the past. You can ask for grant register and look for entries for the original grantees and also confirm the grant by looking at RR 5 (Record of rights) and Index of land records (6).

However, purchasing a site involves risk and the degree of risk varies with each site. Your lawyer is right in the sense there is an element of risk if the grant certificate is not available. The grant certificate lists the conditions of the grant. If the conditions are violated, then the parties (gov't and the legal heirs of the grantee) can challenge the violations within 30 years. So if the first sale transaction after the grant (presumed violation of the condition of the grant) is older than 30 years, then the risk is a bit less (assuming such a violation has not been challenged).

I am no lawyer, and your lawyer is probably better equipped to guide you in this matter.

[subra]

I checked the above mentioned layout as well. The Developers dont have the BMRDA approval for the same. When asked, they said that they have submitted it for approval and showed me a plan which looked, to a layman like me, as a Layout plan.
I have decided to drop this site since, BMRDA approval is essential.

@Neeraj - Did your lawyer say anything about the approved layout plan?

[neerajvp]

@tvsh,
Thanks for your inputs.
With the papers, it looks like there hasn't been any challenges till now.
I was told; If it is a SC/ST granted, then it will be a problem. if its granted for others, then the risk is lesser.
I'm rethinking of it.

@subra,
The developer does not have approval. since, the cost of approval is quite high. He hasn't carried it out.
I even tried to enquire other lawyers, who suggested me that this is a A-Khata Land(whole land is converted) but B-Khata site.
Enquired the same with BBMP office, who mentions that they don't give approval to build the house. BUT, if you get loan from banks, get it converted later through Akrama-Sakrama.
I'm yet to consult the bank people.
BTW, how much did the developer quote the price for you?

[subra]

Neeraj - My lawyer mentioned that without the BMRDA approval, we will end up paying 2 penalties - one for the irregularities in the layout and one for the B Khata conversion. I am not sure how much the penalty will come up to.
We finalized on Rs 2,100/- psqft.

[akhl]

Hi there, i would like to know if any of you have bought or finalized from this above project i.e, bhoo vaibhava Byrathi , Hennur road. I have seen the layout and it seems to be under BBMP limits so i would like to know from you all.
Is this property Clear to go ahead?? Kindly advice.
Thanks.

[neerajvp]

Hello akhl,

This property is A-khata converted land, but does not have the Approval from any authority (BDA).
Hence each plots does not have individual khatas.
In my understanding, it becomes b-property. I had dropped due to non-approvals.
Document wise, it looked clear for me.

Thanks

[drprash83]

hello niraj
i have booked a plot in bhoo vaibhava at the rate of 2230/sq ft the builder dint come down on price much now im thinking dint i end up paying high???? ., i have paid 10000 rs as booking amount should i go ahead with this is it worth it???? kingly advice ...asap thank you

[akhl]

Price seems to be okay, it depends on the plot location. Odd plot will cost lesser. Even I booked the plot in this layout. you can email me the plot you are about purchase to propsbngquery@gmail.com