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  • Category: Panchayat/Municipality/Corporation

    Required documents for unofficial flat (5th floor) in the Panchatyat area, Hyderabad


    Have a query about registration of a flat in Panchayat area? Want to understand the detailed registration process? Scroll through this page for responses from experts.

    Q1: What are the documents should I ask from the builder before registration of a flat which is on the 5th floor in the Panchayat area? It means an unofficial flat in the Panchayat area, the permission is only for G+2.

    Q2: When will be the registration process is done for the above G+2 flats (5th floor) in the Panchayat area in Hyderabad? Now it is on hold from the Govt officials and happening only for G+2 flats.

    Q3: Paid some amount to the builder for agreement and I did some interior worth of 6 lakh. Actually I am unaware of buying a 5th floor flat in the Panchayat area will trouble until the registration is done. So kindly is there any way to escape from all these problems.

    What is the solution in my current situation, thanks in advance?

    I appreciate it if you could give the answers for 3 separate individual questions.
  • Answers

    3 Answers found.
  • 1. What is the agreement you had with the builder? It is the responsibility of the builder to get the flat registered on your name. There are two ways for registration
    1. Undivided share of the land will be registered on your name and again an agreement document between you and the builder for completing the semifinished apartment.
    2. Registring the flat which is ready for occupation on your name.
    which route is selected by you and the builder.
    Q: What are the documents should I ask from the builder before registration of a flat which is on the 5th floor in the Panchayat area? It means an unofficial flat in the Panchayat area, the permission is only for G+2.

    Ans:
    You please ask for the following documents
    1. Sale deed. If the owner of the property and the builder is the same, the land documents showing that he is the owner of that property. He might have purchased from somebody. That sale deed is to be seen. Link documents showing the authenticity of the person who sold that to your seller.
    2. Approved plan. The approval for construction of that apartment from the Panchayat and as it is in GHMC, approval from them also are required. The plan should show your flat also in the approved drawing.
    3. Encumbrance certificate
    4. Mutation certificate
    5. If it is ready to occupy flat, construction completion certificate from a chartered engineer.
    If it is an unofficial plot, you will not have an approved plan from the local authorities. Then there is no use of getting it registered also. The government will not give approval.

    Q2: When will be the registration process is done for the above G+2 flats (5th floor) in the Panchayat area in Hyderabad? Now it is on hold from the Govt officials and happening only for G+2 flats.

    Ans: There is no provision for 5th-floor apartments in Panchayat areas and it will not be registered if it is ready to occupy flat. The matter is with the government and we don't know when they are going to accept this. Many application under LRS scheme are lying with the Telangana government and Nobody knows when it will be given approval for this illegal construction.

    Q3: Paid some amount to the builder for agreement and I did some interior worth of 6 lakh. Actually, I am unaware of buying a 5th floor flat in the Panchayat area will trouble until the registration is done. So kindly is there any way to escape from all these problems.

    Ans: How did you spend on interiors without checking the documents. What type of agreement is there between you and the builder. One has to see that agreement and conditions in that agreement. I think the clauses in the agreement are very important. If you find any deviation from the agreement and the actual happening, based on that you can go for a case against the builder. If there is no deviation from the agreement, you have to wait for the approval from the government and then get the registration done. If there is any time period to register the flat and that period is over also, you can go for a case against the builder.
    You consult a good known lawyer and show him the agreement and then take his suggestion.

    drrao
    always confident

  • Q1: What are the documents should I ask from the builder before registration of a flat which is on the 5th floor in the Panchayat area? It means an unofficial flat in the Panchayat area, the permission is only for G+2.

    The latter part of your question says the official permission is only for G +2. Then the construction is not valid and is illegal. Unless and until some state laws, central laws, or court orders allow the extra construction there is always a risk of even demolition o the non-permitted construction. But if the Panchayat itself is involved in the matter, they may not speed up the demolition process and may keep things pending like that. But registration will not be possible. It is a risky proposition only. ( Read the answer for next question also)
    If registration is not done, then you do not have a legal title for the land/flat. You cannot sell it or pledge it.
    Generally (in normal deals) before registration the buyer should confirm whose name the land stands. Only he or his authorised POA holder can register the land in favour of the buyer. The land should be having No Encumbrance for the last 30 years or at least last 15years So get a NIL EC..You should get the latest tax paid receipt for the land. You should get the building sanction and ensure that if any condition is given, that conditions are fulfilled. Usually, the builders give all this. However, it is better to go to the Panchayat office (or the Metropolitan Development authority if it comes under DA area) and ensure it yourself or by sending our lawyer.
    If construction is over, then the building should have a completion certificate, building, and the flat number given by the Panchayat and an occupation certificate. The building tax till you buy should be given. If construction is not completed you should ensure the sanction validity is not expired.

    Q2: When will be the registration process is done for the above G+2 flats (5th floor) in the Panchayat area in Hyderabad? Now it is on hold from the Govt officials and happening only for G+2 flats.
    As per HMDA rules, gram panchayat areas under HMDA, have powers to sanction only constructions with G+2 floors. If the building is above G+2 floors, the building owner has to take permission from HMDA under section 19 of the HMDA Act.
    As that is not easy, after getting permission for G+ 2 from the local panchayat, the builders with the connivance of local Panchayat and political patronage construct more floors. As there is a good political and as HMDA does not have sufficient enforcement powers things just go on like that.
    If the HMDA or the State government does not intend to regularise the unauthorised constructions by some pardon scheme or law amendments, the situation will just continue like that. If the HMDA and State government are strict, and the courts also take it seriously, then there can be demolitions of these unauthorized constructions.

    Q3: Paid some amount to the builder for agreement and I did some interior worth of 6 lakh. Actually, I am unaware of buying a 5th floor flat in the Panchayat area will trouble until the registration is done. So kindly is there any way to escape from all these problems.

    You have now only two options
    1. If the builder is ready and agrees to refund the amount spent by you and the amount give n by you, then you can be happy and try to buy another properly authorised flat elsewhere.

    2. As the above is not practically possible, you occupy the flat and start staying in it. You also enquire and join with other buyers of the other unauthorised flats. Monitor the developments. Hope and pray for the best to happen.
    But there can be many practical problems as you may not be able to produce the flat address as authentic proof for anything like Gas transfer, Ration card transfer, etc etc, unless of course, the Panchayat helps you in some way,(which also bears the same risk).

    What is the solution in my current situation, thanks in advance?
    Read the explanations given above. You have risked a good amount of money now. The risk of demolition may not be of immediate happening. You have done interiors also. So the practical solutions are occupying the flat. Get suitable agreements from him. Get the sale deed written and executed properly except for registration. Ask other similar buyers what they have done about this. Apply for registration and get the letter of rejection, if possible. Take the help of a lawyer. Get copy and details of the regularisation application by the builder to HMDA. If not yet done, let him do that.

  • This is a case of post facto approval with penalties. Such cases are common in many places under the nominated authority or municipal board authorities. In your case it is clear that permission is only for G+2 and all extra constructions which were constructed without any approval are illegal and strictly speaking the authorities can demolish such buildings in extreme cases. But from practical point of view they do not generally demolish it until unless there is a safety or poor construction issue in a particular building. The detailed query wise answers are as follows -

    A1: You have to ask the builder many things like layout plan of the property, proof of ownership of the land by the builder, consideration of the money for the deal and receipt, copy of agreement between the builder and yourself regarding the offer of flat and your acceptance, sale deed executed between builder and yourself, NOC from the municipal board etc. In this case there will not be any NOC available with the builder as he has not got it from the authorities and NOC is on hold. Until unless the post facto approval of the extra construction is received from the competent authority, the department would not issue any NOC to the builder. There is no scope for NOC in such cases till extra building construction is post facto approved.

    A2: Registration of clean properties is already going on in the Registrar office but your flat will not be entertained for registration till your problem is resolved. So you have to wait for it and it could be resolved in many years also. I have seen this happening in my area and after 8-10 years now people are going for registration when the builder had paid penalties and NOC was given. Please note that NOC is not the right of the builder. It is the judgement of the authority that matters as they have power to demolish also.

    A3: There is no way to escape from it and you have to wait for the decision of the authority. At the most what you can do is to go to the authority along with other occupants and request him to take an action at an earliest. Builder should also be ready and in a position to deposit the penalty quickly. Registrar office only registers the clean properties and not the ambiguous ones where even NOC is not available.

    The municipal and other such offices take a lot of time in taking decisions in such cases and always have an upper hand telling that why the builder did that blunder and why the authorities should not demolish the illegally constructed property. So you are in the weaker side of the case and talk to the builder and ask him to pursue this case in municipal board office failing which threaten him that you would go to the court collectively to give him a lesson. Please remember that going to court also sometimes would not help as after that the municipal board office would say that case is under court and they would wait for the verdict and would not take a decision in the interim period.

    Knowledge is power.


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