Site Registration

[avian]

Dear All
There are 2 (30 * 40 ) sites for sale. However, it seems both have the same sale deed and khata. How easy is it to bifurcate this and get papers for individual plots? Will be great if somebody can throw light on this?

reg
Avian

[msn1270]

U mean to say, basically its a 60X40 Site, will be sold as 30X40 sites. only after the Site registration, you can get a khata for the registered dimension. There are No legal issues on this.

[openerbat]

Hi,
During registration, there was a question posed on the E.C (Encumberance cert.)
It turns out that the single owner in title-sale deed has taken a loan from a co-operative bank.
In the EC it is mentioned that person #1 (some person not mentioned in sale-deed) and person #2 (who is mentioned on sale deed) has written the property to the bank.
The loan has been repaid after 4 yrs and there is a proper registered doc from bank manager in this regard.
After loan repayment, entry exists in EC that says bank has written the property to the 2 persons (person #1 and person #2).
My question is - does person #2 whose name is not mentioned in any land doc have any claim on the land? If only person #1 sells the land to me is that enough? Any possibility of person #2 producing some docs in future and claiming the land?
Pls help!
thanks.
---

[Deepa]

hi,

we also faced the same problem, the person had executed a single sale deed for 2 adjacent sites. Since we wanted to buy only one , our lawyer has advised not to go for it, as only one of the owner of the 2 plots can have the mother sale deed, this will pose a problem in future if at all U want to sell your site. So we dropped the deal. If You are 100% sure that you would never require to sell the plot in future, then U can go for it.

Deepa

[Ravi h.g.]

hi Deepa,

i just do not understand and agree with your lawyers views. if i have 5 acres(or any dimension) and i bought it from "X"(with alienation rights), i bifurcate into many pieces and sell, is it worng? just becasuse i have mother deed and i cant give the original to everyone depending on number of sites.

i just dont understand what sort of problems will arise. we did these type of transactions and we never encountered a legal problem. am not accusing ur lawyer or his views. i just want you to get facts right. may be he is right, am wrong.

wish you best of luck in your endeavour.

regards,
ravindra kumar hg

[siteseeker1]

I'm also facing a similar situation. The layout is Nisarga layout. Intially the site was sold to buyer 1 as 50X80 site (BMRDA) and same was registered. Then the Buyer 2 bought it from buyer 1and registered it as two (2) 25X80 sites in two different names. Now since I was looking to buy a single 50X80 site. Can someone kindly advise me whether its clean to buy this, the procedure and consideratons (precautions) I need to undertake. Thanks.

[Ravi h.g.]

Hi Siteseeker1,

you can go ahead. check all relavant documents like sale deed, latest EC, Khatha for each site, possession certificates, tax paid reciepts, motherdeeds, any NOC (if your seller has taken any loan from any bank), layout plan approval from BMRDA. check whether your seller has any dues to nisarga for un-paid development charges etc.

the above are general ones. each site is unique and requires through checking, thats why hire a very good lawyer.

after registration, khatha amalgamation need to be done if u r purchasing both 25X80 as single 50X80. get new EC to reflect your name, dimension etc.

Get all originals from your sellers.

regards,
ravindra kumar hg

[plotsearch]

Hi Siteseeker1, I am also planning to purchase a site at Nisarga. I have sent you a mail and PM.