buying an apartment in penthouse without approval

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Joined: April 8th, 2013, 12:46 pm

buying an apartment in penthouse without approval

Postby anildesh » April 8th, 2013, 1:44 pm

Hi All,

I am planning to buy an apartment in kanakpura main road, the project has approval for stlit+ground+four floors and ready to occupy , the builder has built apartments in 5th floor which he did not differentitate from the other ones, he has provided lift too for that floor. He did not take permission from BBMP to build apartments in that floor that floor being a terrace or pent house floor, he has built 12 apartments, we are a group of 6 people who tied up with the builder and buying the property. The builder said he would get loans for this property from Federal Bank/ Sundaram Finance.

He is giving it for us at 2700 persqft where the legal ones he is selling at 3300persqft. Please let me know whether to buy this property or not, please answer in Yes or No . No grey answers please

If i buy this property tomorrow when akrama/sakrama happens whether will i be able to regularise the property or not and most importantly whether i can sell this property tomorrow with out any issues or minimal issues.

Please suggest so that i can take a decision to go or not go.

Posts: 1329
Joined: June 17th, 2009, 2:21 pm

Re: buying an apartment in penthouse without approval

Postby msn1270 » April 8th, 2013, 3:14 pm


Already couple of threads having similar issue are discussed in this forum. Links available below, go through them and take a decision. End of the day, Its our money, your choice & only you can enjoy the end result.

Best of luck.

Posts: 27
Joined: November 23rd, 2010, 7:10 pm

Re: buying an apartment in penthouse without approval

Postby vsathishmybda » April 8th, 2013, 3:20 pm


I would say NO to such purchase.

Reasons :
1. Its an illegal floor construction which does not have approval
2. Cannot rely on something(Akkrama-Sakrama) which does not exist as of now as per my knowledge and cannot expect it to have rules for legalizing totally illegal structures.
3. The illegal construction is liable to be demolished/sealed by Govt. in future.
4. Apartment/Layout association consisting of approved flat members can request the respective Govt. bodies to demolish the illegal construction stating that their UDS(Undivided Share) of land is eaten up by these illegally constructed flat members.
Check out the link :
5. Selling of unapproved apartment could be a problem in future if the purchaser wants to go via loan(99% of banks do not give loan for unapproved/illegal construction).
6. As per the approved plan the floor does not exist, so not sure how one can register the same. Not sure if such a Sale Deed is valid.
7. You may end up in paying hefty bribes to Govt. officials at frequent intervals where in they can threaten to demolish the illegal constructions.
8. Not sure if BDA can instruct BBMP/BESCOM to disconnect power and water supply for illegal floors.
9. Not sure how can you claim for Tax rebate as part of Income Tax.
10. Not sure how can a bank provide loan for illegal floors since banks needs to follow RBI guidelines.

Iam remebering a profound dialogue from the movie Sarkar : "Nazdheek Ki Faaydha Dekhne Se Pehle, Dhoor Ki Nuksaan Dekhna Padegaa"

Please do your due diligence before buying such properties.

All the very best for your investments.

Sathish V

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