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  • Category: Panchayat/Municipality/Corporation

    Panchayat Bachupally 5th floor flat registration problem

    Facing an issue with land registration process for a flat? Wondering how to resolve this issue and complete the registration process? No worries, on this page our experts shall give you advice so that you can complete the process.

    I have purchased a flat in Bachupally which is on the 5th floor, from 10 months I am waiting for the registration process to complete. The state government is put the registration is on hold for 4th and 5th-floor flats though we have OC from the builder. I have paid the half money to builder and remaining half as home loan sanctioned. Now I want to occupy the flat but the builder is asking the sanctioned loan amount as cheques before occupying the flat as a security purpose. Builder is saying once registration is done will return the cheques immediately.

    Q1: Can the registration process will be done in the near future or am I in trouble now?
    Q2: Should I give cheques to the builder and occupy the flat and stay, or should I wait until the registration is done. because there is no information regarding the registration process and paying rent.

    Kindly do not ask Why did you buy the 5th floor in the panchayat area, because it is already purchased and I am on it, yeah it's my mistake.
  • Answers

    5 Answers found.
  • You have to enquire and know why the registration is put on hold. Is it an unauthorised construction?
    Did you know about this when you paid the first amount, or what did the builder tell you?
    Now you enquire with Panchayat about the issue and make sure it is only some technical issue and the building is proper, legal and with all necessary sanctions and permissions from the Panchayat. Ensure the flat and building is properly numbered by the Panchayat and tax demand given.
    If you find there is some serious problem, and the builder had not told about that earlier, ask the builder to return back the money you paid and cancel the buying agreement. Ask the builder what he has done to remedy the problem.
    You do not have any ownership rights unless the registration is over. Tell him that you will hand over the money simultaneously when the registration is done. The bank will ask for the registered sale deed once they release the loan.
    So anyway you are under risk now. Enquire who all have bought flats on 4 th and 5 th floor and what they have done. Whether there flats are registered. If they all have occupied and paid full amount, and staying there, then you have to take the risk and give him the cheques and get receipt or all the money you paid him. You may occupy the flat. Now the risk is that if he does not complete the registration what will you do? So discuss with other buyers, your own lawyer and do the needful.

  • Did you check all the permissions obtained for the construction of 5th floor in that area? As far as I am concerned, in Gram Panchyat area of Bachupalli permission is being given only for G +2. So I have a doubt whether he obtained permission or not. Otherwise, he deceived you.
    You have to ask the builder and see the permission letter. The Telangana government has asked the owners to obtain regularisation for the apartments and houses which are already constructed but without approval or with deviations from the approval. You have to see that your builder will apply for that get the approval. Then only he can register the apartment on your name. So it is time taking process. I think it is better to pressurise your builder to get the registration. Now if you give money and after that, if the registration is not done you will be at loss and you will lose your money.
    Did you make any agreement for this apartment purchase? What is the date the builder mentioned for handing over the flat to you? If then date is over you can ask the builder to register the apartment otherwise pay back the money you have paid with interest immediately;
    I am giving a link below. Check that so that you will get all the required details.

    always confident

  • This is one of the common cases where builders construct more than the permission (approvals) and then apply for its approval post facto by paying some penalty to Govt which is sometimes a huge amount. If the construction is outright illegal then the authorities would demolish the structure also. But, in your case, it could be the additional construction due to which it is pending in the Govt for decision of approval and fixing the penalty. In all probability it would be post facto approved and everything would be in line. You do not have many options in hand as if you do not pay to the builder he would not give you possession. The question comes that what is the legality of a possession if the construction is partially not approved. The answer is that the ignorant flat buyer is not knowing about these technicalities and would take the possession based on the possession letter issued by the builder. As a matter of fact the builder is not entitled to issue possession letter without approval but the practical truth is that most of the builders based on the original approval do it because they know that Govt would do such and such actions and approvals in such matters. That is the confidence with which they go ahead and many of them had done such things before and they are well experienced in this trade. There are umpteen number of such cases in the urban as well as rural areas where people are dwelling in unapproved flat units and waiting for the approval since a long time. In my knowledge, generally the authorities would not demolish the buildings just for want of partial approvals but clear it after taking a good penalty as per the Govt rules. So, you can only hope for that situation and take the possession.

    If you have some friends and relatives working in the state Govt, you can take their help also in the matter to find out the status of these things in the Govt offices dealing with registration and the gram panchayat / municipality office where the final decisions would be taken. Based on the information from there regarding such cases, you can take a better decision.

    Knowledge is power.

  • For that matter when one want to purchase a flat , plot or the independent house it is necessary to obtain clearance and see that the property is free from all encumbrance or any claim from the village panchayath or town planning section. Take the survey number of your dwelling along with Panchayath Municipal allotted house number and inquire the same at the town and country planning office located at the Masab Tank. They are having full details of the permission gave to the buildings. Normally the permission is given for one plus two that means totally three floors. But the builder leave the entire ground for the parking and first floor is called the stilt and the second floor is called the first floor and in your case it seems to be the illegal floor he added and hence the registration is kept pending by the authorities. Once again approach the registration office and ascertain whether they got nod from the government to register the properties as some properties are regularized through BRS system.

    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • When we were trying to buy a flat in Navi Mumbai area then we came to know about such problems being faced by many owners who were living in their flats by paying the hefty amounts to the builder but complete approvals were not there. It had happened in one case where only the unplanned extension of the building in one side was demolished by the authorities but original plan and vertical additional stories were allowed with a large penalty. Builder appealed against that and finally the penalty was reduced by a little amount but it had to be paid before they got the administrative approve and NOC before going for the registration of the flats. The registration process was delayed considerably. There are few cases like that and you may have to take possession but wait for the approvals without which you cannot register it in your name or go for the mutation formalities in the local municipal or other authorised establishments.

    Thoughts exchanged is knowledge gained.

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