Om Balaji Jasmines Near KR puram

[hkrish]

I also received emails from them regarding approval.

Before going ahead consider the following:

1. Take the BDA approval number, order and first release of plot details and check with BDA office in bangalore, vasanth nagar.
Just pay 100 bucks to person out there, they will give a register for you to check, if it is listed in BDA approved private layouts.

2. BDA approved does not mean the the source of titles are clear. My legal had rejected several BDA approved layouts,
because source of titles are not clear as it has room for litigation in future. BDA approval letter (in kannada), clearly
says that in case of any litigation in future or any problems arising in the layout, BDA is not responsible and the order will stay
cancelled. The very fact that developers have taken such a long time to get it approved (from 2008 i suppose), then there must have been a
court case/litigation which the developer was trying to clear it off. BDA approvals dont take very long (not more than 6 months to 1 yr max), all
they wanted is cash, but something that cannot be set right immediately is court case/ litigation, so there must have been some litigation which 'the developer
might have closed, but you need to take a help of a credible strict lawyer and check (1) & (2)

3.. Most importantly many of the innocents, who had suffered from 2008 trying to get the money out (as mentioned in several links above) , has to now approach
the developer to move their booked plots for registration and only if they get RELIEF (either return the money or registration), only
then this layout can be moved to green, else it still says either red or yellow.

Earlier plot buyers, were you able to approach the developer and get something going with the new developments happening in Om Balajee Jasmines

hkrish.

[sriram]

The total layout area is around 30 acres which they will develop in 3 phase (thats what they claim). However, they have got BDA approval only for 2 acres (Phase-1). I find it very risky that using approval for only 2 acres they are trying to sell the remaining 28 acres at high prices. It has taken them nearly 17-18 months to get the approval for 2 acres. We can only guess how much time it will take to get the approval for the entire layout, if at all they manage to get the approval. All their claims have to be taken with a pinch of salt. When I had gone to book, they were claiming that Phase-1 approval would come in 2 weeks. It took them almost 9-10 months to get that approval. Also, keep in mind that they have a severe shortage of funds since they were not able to refund the booking amount of people who cancelled their bookings. The Mandur dumpyard is another big negative. Although, Pollution Board may have said that no more garbage should be dumped there, looking at last months garbage crisis in Bangalore, I feel garbage would continue to be dumped there till a solid waste disposal plan is arrived at by BBMP. Continued Garbage dumping over a few years leads to contamination of ground water, skin diseases etc. Keep all the above in mind before proceeding.

[kishore.803]

I visited this site yesterday. As of now no development is done. They are telling that the possession for the first block will be July 2014. BDA approval recieved a month back. Waiting for their email with supporting documents showing their BDA approval.

I think this would be a good place to invest, keeping in mind the Peripheral ring and close proximity to Old madras road. But we cannot expect very rapid development in this site. It seems they will take quite a long time (at least 2 years) to finish this project.

[praveenvatsa]

Hi All,
I wanted to share couple of information regarding this site(Ombalaji Jasmines).

1. Ombalaji Developer has applied for BDA approval, It may takes another 1-3 years. There is no construction on ground then how can BDA approve the Layout? . Developer must have to construct according to norms of BDA(like 50% residential, 25-30% roads etc) then only BDA approves. Means BDA will give NOC and Khata certificate after approval.

2. Ombalajee claimed that they own whole land(survey no: 188(part 1 and 2). But According to RTC and mutation documents both own by different persons(Swamy and Mr X).
Interestingly on 20 jan, 2013 someone has mutated on his name by court order(188/1). Pls Check the records from this link: http://bhoomi.karnataka.gov.in

3. Survey No 188(whole proposed layout), has two parts 188/1 and 188/2. There is no document that shows that survey NO: 188/1 belong to Ombalaji. Regarding 188/2: Ombalaji has shared one EC, according to that EC land belongs to Ombalaji but I have not cross verified yet.
4. You can download all documents of from here https://docs.google.com/folder/d/0BydlV ... JTYmM/edit

Explanation from Ombalaji:-
Regarding: 188/1 : he says "actually 188/1 is 187 not 188/1. This is mistake done by tehsildar"( I have not verified his claim hard to digest).
Regarding RTC and Mutation: DC converted land doesn't need mutation (which is factually wrong).
Regarding BDA approval: In Progress, BDA has not visited the site, before BDA inspection they have to construct roads etc.

Conclusion: Good site to buy once marking title is clear, but title is still doubtful, have financial problems, hiding information, etc. But I'm not saying that they are cheating but definitely they are hiding some information when you confront with evidence then only they accept and gives unsatisfactory answer. I'm not concerned about BDA approval but marketing title of the land.

If anyone has more information pls share, by this way we can reduce our efforts.

Thanks,
Praveen

[hkrish]

Om balaji marketing title is of real question and concern.
It has already been discussed in detail, please refer the full-discussion history. Im requoting the links for your reference:

http://www.consumercomplaints.in/compla ... 29529.html
http://www.indianrealestateforum.com/ba ... 11230.html

You see the RTC/mutation in some others name, is because its a JD between land owners and developers i suppose.
Technically they should obtain the katha etc,. in their name (builders name) before selling.
But even ahead of that if this was earlier marketed under shivri developers and few people have bought plots (put agreement),
then if its marketed under om-balaji (different developer), then they're creating room for litigation among buyers. Its been always fishy and messy.

They may have or mostly will get BDA approval. They may use the money (black money) from first few buyers to close financial problems and develop the layout.
But what is the use of buying plots that have litigation or room for future-litigation. BDA looks for only current-date marketable title, but DOES NOT look for future litigation possibility. It is very clearly written in BDA order that in any future litigation etc,. BDA is not responsible.
I cannot think about going-through litigation, going to court, going to lawyers, paying fees, court fees, final settlement etc,.

Forget about all this, BBMP garbage dump, and ground water poisoning is inevitable.
Even if i buy only for profit, i CANNOT think about "my prospective buyer" who is going to give me profit, buy the plot, have his little children drink contaminated water and then their family curse me in future. I think we should all be responsible citizens and avoid fishy/messy purchases.

[praveenvatsa]

Thanks hkrish,
Five points:-
1. M/s.Shiviri Properties Pvt Ltd never had marking title to sell the land(188/1 and 188/2). I don't know why people purchased without checking the land's documents.
2. There is no litigation on 188/2, I verified.
3. I'm still in process to cross verify documents of survey No:- 188/2, If I get +ve feedback then I may go for further verification.
4. Yes, 188/1 doesn't belong to Om balaji, Please avoid to do any kind financial transaction.
5. According to EC, No one has purchased any plot from so called "Om balaji jasmine"

Thanks,
Praveen

[hkrish]

1. M/s.Shiviri Properties Pvt Ltd never had marking title to sell the land(188/1 and 188/2). I don't know why people purchased without checking the land's documents.

hkrish: If the current developers (Om balaji jasmines) name is also not appearing in ANY EC, RTC, Mutation (as you mentioned above).
Then do they have marketing title ?
Typically the way it happens is Joint Development agreement (registered one) is made between developer (Om balaji or shivri) and with land owners.
And land owners give GPA to developer to sell their land-owner allocated share.
Developers are suppose to do developments, run around to get approvals (BESCOM, BWSSB, BDA) etc,.pay all money, and for BDA approval which is the costliest
it will be easily around 1 cr for a 2 acre land.

Owners might have first done with shivri, but since the developer might not have been cash rich, they usually expect first 10 purchases to be from black money
(buy as DC converted with pending BDA approval), and with that money they do the developments. Now if they dont attract buyers or if the land owners
put pressure, and usually they get into a conflict, and Land owners break the JD (unofficially). But they might have already sold the plot to 6-7 people.

They might have booked the plot and entered into Sale agreement (paying DD charges/stamp duty), and it is a VALID document to sue the developer if he
does not give the plot or refund the money. Now JD is broke and there is a new developer (om balaji) in the block and he re-enters JD and makes the sale
to more folks (assuming like yourself). Now two people bought the same plot.

Please note now until registered, none of the names shows up in EC.
Now assume the buyer through second developer (om balaji) successfully registers and gets the EC in his name.
Now the first buyer who bought in shivri has every right to put legal suit against you (ultimate enjoyer of the property),developers (both of them) and
land owners. Now this is a litigation.

Im not talking about litigation that does not exist. Im talking about room for the litigation or the one that is going to happen in future.

Now lets answer the other question, does Om-Balaji has marketing title ?
For om balaji to have clear title, there must be a Registered-Joint development doc, and Ombalaji-developer as registered GPA holder.
Also in JD, it will be clearly mentioned that Ombalaji will have 30% of plots and developer 70% of plot with plot numbers clearly identified
like (1,3,5,7..) belongs to Om balaji. Now my question is, with BDA layout approval not done, how can one mark the plots for sale and enter into
sale-agreement ? Please seek competent legal advise for your own safety.

2. There is no litigation on 188/2, I verified.

hkrish: Im yet to meet the developer/owner who gives ALL documents for survey number.
Select a good lawyer who will go to sub-register office, tasildar office, pull out all history kind of lawyer.
Infact in one of the plots my lawyer pulled out the suit number O.S.xxxx, and only after saying the suite number the developer
gave all the documents.

Also my lawyer asked me to get adjacent survey number documents, particularly the road that leads to my plot.
Builder was annoyed. I asked the lawyer why is he asking, he said, if there is a litigation in the adjacent survey number which has
the road that leads to my plot. Tomorrow, the litigatior will get a stay from the court and block the route etc,. He can do anything to
cause inconvenience, so in which case will i come by helicopter to my plot or what ?

My lawyer told a wise statement, which i will put across in forum:
Two types of people come to me, one who likes the plot, but will buy ONLY if the legal passes, as he understands the pains of litigation
and have a land which no one can put to use for years. Other is who likes to buy the plot and has ANYWAYS decided to buy, under any circumstance,
for them legal verification is just another step before going to bank loan processing.Such people listen to developers words as though they are TRUTH,
than what the document or the legal says.

He also said, tomorrow NOBODY will stand by yourside, neither the landowner or developers. Not even the lawyer.
Only the strength of the documents will stand by yourside. If the legal is weak there is room for litigation, in my opinion its dangerous.

Now coming back to Om balaji: Even with normal and renowned layouts and developers there are lots of loop holes,
now with this developer having so much bad reputation, having caused pain to many buyers, im pretty sure the legal is fairly weak..

Kindly employ a very competent lawyer, who will help. Good luck

[praveenvatsa]

Thanks for detail explanation,
In fact, I hired TTK Servie to verify all documents and they gave positive feedback to buy. TTK only advised me to get Khata Certificate from BDA that all.
But I was not convinced due to negative feedback on internet , something must be fishy So, I thought let do some more exercises. I discovered three issues 1. title of Plot NO: 188/1, conflict of Plot No: 187 and BDA approval. It seems logical to me not to transfer name in RTC/Mutation to avoid extra expenses. As per Ambdekar Rao Shivri was earlier marketing company for the layout.(Rao is owner of survey No: 188, as per EC shared by Om balaji)
I don't understand how shivri was selling land even land was not on name of Om balaji since 2008.(Ambdekar rao purchased land on 27-05-2011 from K H Swamy as per EC). I think GPAs totally illegitimate in this case.

I'm in process of 1. EC verification 2. want to understand conflict between two plots(187 and 188/1) and will wait for BDA Certificate(means construction of road, parks etc)

please let me know If anyone has cross verified the EC from registrar office. Even if everything is fine I'll wait for BDA approval.

[vpotukuc]

Hi, What you're saying is totally contradictory. One of my cousin has booked one site and another relative has booked one more by paying initial deposit(around 5L).
They've got the papers verified by a lawyer.
There are many versions about the builder. I think you've to go ahead with your heart!.

Thanks

[praveenvatsa]

vpotukuc:
1. Layout is not approved by BDA, Yes, they have applied for approval but It would take time. first they have to construct Roads, parks, other amenities as per BDA norm. BAD will inspect the layout and may ask to change the layout plan. Then there is no relevance of what plot you have purchased. BDA doesn't verify the title of ownership of land.
2. Survey no. 188/1 doesn't belong to Om Balaji
3. Anyone free to book and buy plot, but has anyone registered the land? NO, I have latest EC . If you cross-verify then you would know the reality. I already wasted money in cross-verification and got -ve feedback.
Don't go for legal opinion on the basis of Om balaji's documents. They share only +ve documents with you.
4. Ask your cousin to cross verify the documents and collect from concern authority, don't relay on developer's documents.
5. I'm not saying that developer is fake, but they have some issues which need to be resolved or will take time. For us it is a risky business.