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  • Category: Miscellaneous

    Gram panchayat approved layout, Planning to buy in 2nd floor flat. what needs to be checked?

    Planning to buy 2nd floor flat in gram panchayat approved layout in Hyderabad. The builder has made a deviation in the plan by making groud floor parking and illegally constructed 3rd and 4th floor. However, I am willing to purchase 2nd floor flat. What would be the consequences and recommendations to proceed. I have taken legal opinion with a lawyer about the land, EC, link documents, land conversion. However, BRS is not available.
  • #720967
    You are advised to ask this question in Ask Experts section. Hope you will get satisfactory replies.

  • #720970
    In Hyderabad there is a tendency among the builders to go for heavy deviations in Gram Panchayath layouts as the rules are not so stringent and the demolition clause is not severe. However there is always a danger for entire building as the authorities wake up one fine morning and come with the bulldozers to demolish the building. However as far as my knowledge goes there is no risk for second floor flat which is inside the parameter of laws. Moreover on how many square yards that the building was constructed matters the most. If the land is less and the builder has managed the Panchayath officials by greasing their palm and gone for illegal building altogether then do not go for the purchase at all. But it seems you have taken the legal opinion and that should be final and binding as it goes through all legal verifications.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #721030
    I advise you to take all the papers related to the property like registration documents on the name of the seller. link documents, all approvals. EC and construction agreement etc and show them to a lawyer. He may charge some money. But he will search and advise you whether you should go for it or not.
    Generally, there will not be any permission for the 3rd and 4th floors in that area. For the 2nd floor, there may not be any problem. But if there is any problem, you will be in tensions unnecessarily. So take the opinion of a lawyer and then decide. Are you taking any loan for this purpose? If banks are ready to sanction loans means you can take it.
    If I were in your place, I will not go for it. The registration will be done as undivided share and there may be a common area. So we will have some common problems when there is an illegal construction of the top of our house. It is an unnecessary headache for us.

    drrao
    always confident

  • #721043
    Builders generally do such mischiefs while construction and they know that later they will be fined by the authorities and things will be regularised. They pay the fees, sometimes the huge ones, and then get it corrected. They also know that generally the authorities will not demolish the raised structures and take advantage of that laxity. Now, first thing in the matter is that you should check all the documents related to the property and the taxes paid by the builder so far and other relevant details. In your area this would not be the first such case and you can get a lot of valuable information from other people who have gone through similar situations. Please consult a lawyer who is well aware of these complications and take his advice for further course of action.
    Knowledge is power.

  • #721047
    In Hyderabad except the full tank level places near the lakes the Gram Panchayaths are liberal enough t sanction house sites and permission to flats which are not inspected at all
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #721053
    Thanks for the valuable suggestions. Few more inputs. The total land is 300 Sq yard and undivided share is about 19 sqyd. Visited the Municipality today and discussed about this. The officer said upto 2nd floor no issue. However, might have to pay a penalty for deviation, illegal construction by the builder above 2nd floor and for Godavari pipeline and all. SBI/PnB/Gramin bank is not providing loan, as they said they dont finance grampanchayat approved layouts. I also seek suggestions from experts here on which nationalized bank I should try to get the loan as we wish to avail PMAY scheme. Thanks again. Regards.


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