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  • Category: Panchayat/Municipality/Corporation

    Problems arising from registration of flat with Panchayat in Hyderabad


    Registered your flat in the local sub-registrar's office and now getting warnings that it is an illegal registration? Know from experts whether or not it is a valid registration and how to proceed further.

    I bought a flat on the 5th floor in an apartment in Hyderabad and it got registered by the builder in the sub-registrar office. Now, one of our apartment-flat owners threatened me that he will complain against me in court for unauthorized flat registration. Is it a valid case?
  • Answers

    5 Answers found.
  • Unless we know the basis for the other person's grievance, we cannot give a proper suggestion.
    Unless there is some ground for some personal grievance against you he cannot file a case against you in this regard. Your transaction is independent one.
    What I doubt is that his purchase is not registered yet or he would have paid a higher amount to the builder than what you paid. But in all these regards he can only file case against the builder.

    But what you have to ensure is that the flat is properly authorized construction and sanctioned and approved by the local authority (Panchayat /Municipality/ Greater Hyderabad Corporation). If it is a properly approved, and sanctioned construction and the builder has complied with all formalities, the authority would have given proper flat no and building number. Please review your registered sale deed and with the registrar office and ensure that the deed is registered in your favour and it clearly recite about your purchase and clearly stats about building/flat number and about the sanctions and approvals of the authority. Please ensure that you have paid correct stamp duty and registration is for the amount of purchase.

    Then ensure that the flat no is now standing in your name in the local authority office and you have paid the building tax and property tax up to date.

    If all these things are okay, then you need not worry about anything.

    However in this site itself we had seen many questions about the registration problem of 5th floor flats in the surrounding Panchayats under Greater Hyderabad Urban area..
    As there is no direct dealing between you and the other flat owner there is no ground for his case. At the maximum he can quote you as a witness in the case against the builder.

    Have contacts with other flat owners and try to understand if there is any serious issue. After that discreetly know from him in friendly direct talk, what is the ground for the threatening about case against you. If you feel something serious and relevant contact a good advocate.

  • As per the building rules, gram panchayats can give building construction permission for G +2 floors only. If any builder wants to have more than G +2 floors the builder should take permission from Hyderabad Metropolitan Development Authority (HMDA). But many builders go ahead with more floors illegally. There are many such apartments around Hyderabad in many panchayat areas. All these days the HMDA is not having a proper vigilance mechanism and hence they are not able to take proper action. But recently they started giving notices to the concerned gram Panchayats.
    You have not mentioned the approvals for your apartment. Is there HMDA permission for your apartment? Did you check the permission your builder obtained for the construction before you go for the purchase of this apartment? The person who threatened you can not be able to do anything if you have all the approvals and HMDA approval for your apartments. Otherwise, he can give a complaint to HMDA and they may act. But this problem is not specific to you but also to all the other flat owners in your apartment.
    I suggest you talk to your builder and let him apply for regularisation if there is no HMDA approval. LRS is very important for such problems. Coordination with the builder and getting proper approvals is very important because we don't know how the government will react in case of unauthorised constructions within HMDA limits and without proper permissions.

    drrao
    always confident

  • In such cases, one has to first confirm whether the builder has taken all the requisite permissions for building and construction of the building. There are some issues in the Panchayat areas of Hyderabad as specific permissions are required for the multi-storeyed buildings. Anyway, if the builder had not taken the requisite permissions then he would not be able to register them in some name as the authorities check the papers before registration or mutation whatever be the prevalent procedure in that area and the concerned office.
    If the builder has got the registration by fraudulent practices then you should be alert on that front because before any complaint is made by some of your fellow flat owners, you inform the authorities about that but before that first make it clear and confusion-free by talking to your builder. If required you can take some legal opinion also because in the Panchayat area in Hyderabad there are many such cases in the past that might be still under litigation even in present times and from that angle, you can get all the relevant information from the lawyers who are tackling such cases in your area.
    Do not feel afraid of the fellow flat owner unless you find a valid reason for his outcry. He might be doing it to solve some of the pending issues of his incomplete registration of his flat. Do not believe anyone blindly whether it is the fellow flat owner or the builder. Study the rules and check your papers before fighting with these people.
    Please go through the following links to learn more about these problems in more and less similar cases.
    Link 1.
    Link 2.
    Link 3.
    Link 4.

    Knowledge is power.

  • You are being threatened by the one of your apartment owners alleging you of the acquisition of your flat illegally. However, instead of being perturbed by such threatening, you need to check up your papers and at the same time, go to the panchayat office and ensure that there has been compliance of their prevalent in the process of registration of your flats. Even in the past, there had been several issues of litigation in the panchayat areas of Hyderabad.
    Now I would like to know whether you have acquired this flat with a bank- loan or the same has been acquired through your savings. In case, the loan has been sanctioned through the loan facility of the bank, they would definitely go through all your property papers while advancing the loan amount.
    For your own safety, you may approach a lawyer to resolve your issues and you may take up steps accordingly.

  • In Hyderabad there is always wholesome violations of constructing flats, either they would start with stilt and four floors, or go for fifth floor as unauthorized but showing to the customers that it is having sanctioned plan. If the plot size is more than 800 square only there can be legal sanction for the five floors. But in Gram Panchayath layouts, even if two or three plots joined together, they cannot make it 800 square yards and thus deviations takes place. If you watch the sanctioned plan carefully only two floors or three floors permission would have been obtained, and by raising stilt and that is shown as ground floor, the builders fool the buyers and having the best location and suitable for every thing the deal takes place. But here I would blame the advocates or the legal opinions of banks which give clean chits to such properties without verifying the facts and thus even the loans are sanctioned and one fine morning the case becomes complicated and illegal. Therefore before purchasing any flats in ground floor or fifth floor one must cross check the authenticity of the documents at the Panchayath office.

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


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