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Recently we bought a CMC site in Banashankari. It’s a revenue-converted land and all the papers are clear. We have the Katha, tax paid receipts, encumbrance certificate, sale deed everything. But now, BDA has stopped the construction saying that it is a BDA site allotted to somebody in 1985. But we have all the tax receipts from 1961. What should we do? Please advice. 

- by Archana, R’nagar, Bangalore

If the BDA has allotted the site to somebody during 1985, the title of property vests with the BDA which, later on passes to the allottee on execution of sale deed by BDA in favour of the allottee. BDA might have acquired the land and the seller might have cheated you. Nobody else has any right to sell such property and though you have sale deed, Khatha, tax paid taxes, encumbrance certificates, you do not get proper legally valid title. However, you may show all the papers to an advocate and seek guidance and also verify records at the BDA office.


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


Q:- I have purchased a site at Kengeri measuring 30’ x 40’.  But the sale deed which was registered mentions the area as 29’ X 40’.  The consideration was paid for 30’ X 40’.  I did not consider it as major mistake as the entire site area of 30’ X 40’ was fenced and the site was in my possession from the date of purchase that is 1990.  I have constructed a house also. However my neighbor is claiming that 1’ X 40’ area belongs to him. I seek your kind advice as to the course of action to be taken. 

I would like to state that I bought a site in BSK VI stage. I am desired to know more about the area and the progress that is being taken place. By what time the area will be fully developed to proceed on constructing a house.
What are the documents other than sale deed,  Khata, tax paid receipt required to avail loan from the banks? Is encumbrance certificate to be made if the allotment is made by the BDA directly?

Q:- My father owns a property in Bangalore. It consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor; my sister and brother have given no objection letter to construct the first floor. Later on my brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem. 

Q:- If a property is approved by BDA, BMRDA or by BIAPPA. Can that piece of land be lost by way of acquisition?

Q:- Shall I purchase a revenue site at Sarjapura Road, Bangalore?