I have a plot in HSR Layout bought in the year 2006. I have got registered sale deed and Khata. Now I want to construct and to get my plan sanctioned visited BDA office, the BDA engineer shows a plot with house as my site as per the documents. When contacted with the owner of the house he says he constructed the house in 2001 and BDA engineer had identified the site and with their approval constructed the house. He is not ready to show his papers, upon multiple requests and BDA engieer's request he showed up and found that he has constructed the house in my plot and he is not ready to accept this and says that BDA had identified the site and so I should contact BDA for all my queries. Visited BDA office gave a written complaint.. its long time nearly 5 months. Local office has now called me and did a survey and wrote the details about the wrong occupancy and the other site is vancant with plan etc. and in due course the details will be sent to the main BDA, I have to visit them for further course of action.
My request is does any of our memebers know such case and how this issue is solved? Kinldy help me.
or any other way./..What should I do? Please advise
wrong occupancy of BDA plot.
Re: wrong occupancy of BDA plot.
Hello Nagesh GS,
This is really bad, did u see ur plot while alloting from BDA ans also didnot u visit ur plot frequently atleast once in a month, even though if he is constructed than legelly u can fight against them.
Donot worry innocent will always win but it takes little time.
Follow up with BDA and with lawyer and get the information from BDA under RTI act
This is really bad, did u see ur plot while alloting from BDA ans also didnot u visit ur plot frequently atleast once in a month, even though if he is constructed than legelly u can fight against them.
Donot worry innocent will always win but it takes little time.
Follow up with BDA and with lawyer and get the information from BDA under RTI act
Re: wrong occupancy of BDA plot.
Firstly, you said, you bought the site in the year 2006 and also said, the illegal occupant had constructed the house in your plot way back in the year 2001. How did you purchased the site without seeing the actual plot before purchasing ?? More over you should have come to know about this while paying the property tax every time. The name in the receipt and the plot number gives the details of the owner and also the tax amount are different for vacant plot and to the building
If you are the real owner and has all the related documents up to date, you need not to worry., Apply through RTI for all related details from BDA for your plot, from initial allotment to subsequent transaction details, tax paid till today, Plan approval details for the illegal occupant in case done in your plot number...etc. Also Don't depend on BDA anymore for getting back your plot.
Immediately send a legal notice to the illegal occupant to vacate the plot and file a criminal case at the concerned Police Station. If there is no response or comes up with settlement option within 2 weeks, file a Case at the civil Court as a next step.
Culprit doesn't have many Choice. Either he has to vacate the house(Of course he can't take his house or relocate it) or he has to buy your plot from you now legally at the price you demand or as a compromise formula he has to exchange his plot with you and has to bare of all the expenditure for both registrations.
If you are the real owner and has all the related documents up to date, you need not to worry., Apply through RTI for all related details from BDA for your plot, from initial allotment to subsequent transaction details, tax paid till today, Plan approval details for the illegal occupant in case done in your plot number...etc. Also Don't depend on BDA anymore for getting back your plot.
Immediately send a legal notice to the illegal occupant to vacate the plot and file a criminal case at the concerned Police Station. If there is no response or comes up with settlement option within 2 weeks, file a Case at the civil Court as a next step.
Culprit doesn't have many Choice. Either he has to vacate the house(Of course he can't take his house or relocate it) or he has to buy your plot from you now legally at the price you demand or as a compromise formula he has to exchange his plot with you and has to bare of all the expenditure for both registrations.
Re: wrong occupancy of BDA plot.
Hi Nagesh,the BDA engineer shows a plot with house as my site as per the documents
Are you saying you did not know that a house exists at your site till you visited BDA office???? How is this possible. If you went to BDA office for a plan sanction to construct your house, then most certainly you or your architects who made the construction plan should have visited to plot before they made the plan right? Or is there something that you missed mentioning in your post? People will be able to help you better if you provide complete info.
For rest of us, probably this is a good eye opener to ensure that you visit your sites atleast once in a month. If you are out of country, its better to entrust someone with the task of monthy visits to the site.
Re: wrong occupancy of BDA plot.
Nagesh, we seem to be missing some part of the picture- it is difficult to understand the decision tobuy the site in 2006 without visiting it. A site visit would have cleared that the site has been built on 5 years back. Maybe you had a problem in identifying your site, or maybe you have so many sites that you lost track of them.
All the art of living lies in a fine mingling of letting go and holding on....
Re: wrong occupancy of BDA plot.
Dear all,
I forgot to mention that the plot (vacant one adjacent to the one occupied was shown as the plot for sale and same was bought)was bought on housing loan, the bank's lawyers/officials inspected and verified the docs. As they had verified I felt its OK. Now i cannot approach bank, as the loan account is closed.
Another point, the site was occupied before I could buy it.. meaning the vacant plot which I bought (assuming its the correct one) was the occupant's site, wrongly he has occupied my site.
I request the new buyers to identify the site properly, even if officials say its correct, better talk to neighbors about their site numbers, rear site numbers etc.. just the doc and site visit will not help!! I made a terrible mistake relying on the bank officials.
I forgot to mention that the plot (vacant one adjacent to the one occupied was shown as the plot for sale and same was bought)was bought on housing loan, the bank's lawyers/officials inspected and verified the docs. As they had verified I felt its OK. Now i cannot approach bank, as the loan account is closed.
Another point, the site was occupied before I could buy it.. meaning the vacant plot which I bought (assuming its the correct one) was the occupant's site, wrongly he has occupied my site.
I request the new buyers to identify the site properly, even if officials say its correct, better talk to neighbors about their site numbers, rear site numbers etc.. just the doc and site visit will not help!! I made a terrible mistake relying on the bank officials.
Re: wrong occupancy of BDA plot.
This indeed appears to a great confusion. Looking at the masterplan could probably have helped. Isn't the guy who built his house on your site willing to give you his site instead? Or is your site a premium one.
All the art of living lies in a fine mingling of letting go and holding on....
Re: wrong occupancy of BDA plot.
Responsibility of the Verification of the actual plot and its papers based on the BDA layout plan/documents lies on the buyer. I find there is a lapse from both the seller and the buyer here. I'm even surprised, what kind of verification did the bank officials made before sanctioning the loan ?
anyway past is past. Now you've realized the mistake happened. Take the help of an advocate and act immediately.
Its just reminding me another incidence happened 2 months back for one of my known friend, who started building the house on the neighboring site with over confidence without checking the layout plan. The structure of Ground and First floor were almost over. Later the actual owner of that site issued a legal notice & filed a case at Jnanabharathi police station.
My friend did not had any other choice, finally both the parties agreed to exchange their sites and my friend bared all the legal costs and also paid a penalty of Rs.2.5 lakhs to the other party for settlement Now he is once again running behind BBMP for the building plan approvals.
anyway past is past. Now you've realized the mistake happened. Take the help of an advocate and act immediately.
Its just reminding me another incidence happened 2 months back for one of my known friend, who started building the house on the neighboring site with over confidence without checking the layout plan. The structure of Ground and First floor were almost over. Later the actual owner of that site issued a legal notice & filed a case at Jnanabharathi police station.
My friend did not had any other choice, finally both the parties agreed to exchange their sites and my friend bared all the legal costs and also paid a penalty of Rs.2.5 lakhs to the other party for settlement Now he is once again running behind BBMP for the building plan approvals.
Re: wrong occupancy of BDA plot.
If that person has constructed on your plot because of a genuine mistake and your plot is right next to his plot, then work for a settlement with that person and exchange plots. But do consult a good advocate for this.
Re: wrong occupancy of BDA plot.
Hello Nagesh,
Can you share with us from which prestigious bank you had taken the loan ?,
Definitely it helps our friends not to approach those banks, also we have realised that with out construction we should not have to make the prepayments and clear the loan in single shot atleast before construction.
Can you share with us from which prestigious bank you had taken the loan ?,
Definitely it helps our friends not to approach those banks, also we have realised that with out construction we should not have to make the prepayments and clear the loan in single shot atleast before construction.