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I purchased a flat with the approved sanctioned plan-ground plus three floors.  Now the developer has constructed pent house and on top of that there are water tanks. We have not got occupancy certificate so far, the builder is trying to bribe the concerned authority for occupancy certificate. Will he be successful? There is also no fire fighting measures in the building and the building is more than 19 meters in height. Kindly let me know that whether I will get the occupancy certificate in this condition.

- by Narayana Prakash, Sanjaynagar, Bangalore

You have not informed who has approved building plan, whether local authorities like BMP, CMC or BDA.  BMP and CMC may approve the plans of building with ground + 3 floors and anything beyond has to be approved by BDA.

As the approved plan is only for ground + three floors, the developer cannot add any further floors, which becomes unauthorised. Any deviation in approved plans and specifications of the building after disclosing the approved plan to the purchasers and execution of sale agreement requires the prior consent of all purchasers as per Karnataka Ownership Flat (Regulation of the promotion of construction, sale management and transfer) Act 1972,  All the owners/purchaser may collectively represent to the plan sanctioning authority about the deviations and also to the fire force for not providing firefighting equipment.  If there is any deviation from the plan it is not possible to get the occupancy certificate, which is required only for high-rise buildings.  There are many apartment complexes which have not obtained occupancy certificates.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am residing in the flats in which there are two NTC and one Co-op society. Now one new NTC has been formed for maintaining the flats (for Maintenance Charges) and all the members of the above flats are members of new NTC. I want to know whether in this New NTC any person who is living in the flat with power of Attorney i.e. the actual owner of the flat is ABC and XYZ is living in that flat by virtue of having power of attorney for the flat. Now this XYZ can become a office bearer i.e. Secretary or Chairman or Joint Secretary or any other post in the above New NTC.

Q:- I intend to buy an apartment in Banasavadi, Bangalore.  This apartment was originally booked by an NRI residing in U.K. The proposed sale is from the GPA holder of the said NRI. Upon finalization of deal, the property will be registered by the builder in my name directly as per the agreement between the builder and GPA holder. Please let me know whether should I proceed in the matter? Will there be any legal hurdle upon purchase of this apartment in the manner stated above?

Q:- As our builder failed to construct the parking area, we the allottees have contributed equally and completed it. Now, there is a problem of allocating the parking lot since more than one of us have desire to have a particular parking lot. How should we proceed?

Q:-
Recently my cousin purchased an apartment costing Rs. 21/- lakh.  Out of this, Rs. 6/- lakh was invested by his mother and remaining Rs. 15/- lakh is though Bank loan. When he applied for the loan he made his wife as co-applicant, even though she is not paying her share of EMI. The property is registered in his name. His wife is showing lot of instability in their relationship. He now fears that they might get separated. He doesn’t want the property to go to his wife.
Please advise what he should do so that the property would not go to his wife?


Q:- I am planning to buy an apartment in Brook-field which comes under Mahadevapura CMC. My builder has got the approval for apartment as well as he has paid betterment charges in July 2005. But my builder says they do not have BDA release note and my lawyer is telling if the builder does not have it then don’t buy the apartments. With this circumstance can I be able to register apartment in my name. If yes, how should I go ahead? Please help in this regard.