PRE LAUNCH PROJECTS AND OUR ARTICLE ON THE SCAM PUBLISHED ON 29-01-2013


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COMPLAINT SUBMITTED TO THE CHIEF MINISTER OF KARNATAKA IN JANUARY 2017

PUBLISHED ON JANUARY 29, 2013- ALMOST THREE YEARS AGO – NOW THE BUYERS ARE FEELING THE HEAT AND PINCH

PRE LAUNCH HOUSING (APARTMENT) PROJECTS

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FULL PAGE NEWS PAPER PUBLICATIONS (ADVERTISEMENTS), INTERNET (ELECTRONIC MEDIA) AND OTHER MODES OF ADVERTISEMENTS ARE BEING RESORTED TO WOO AND COMPEL THE POTENTIAL APARTMENT BUYERS TO INVEST AND BUY HOMES AT LOW COST OR AT COST PRICE OR AT TEMPTING PRICES BY MARKETING AGENTS/EXECUTIVES IN BANGALORE.  PLEASE CONDUCT A DILIGENT CHECK AND SCRUTINY OF THE TITLES(DOCUMENTS) APPROVALS AND THE BACKGROUND OF THE SELLERS AND THE OWNERS BEFORE INVESTING.

SOME OF THE COMPELLING STATEMENTS OR ARGUMENTS IN SUPPORT OF THE SALES CLAIM ARE:

1). WE HAVE COMPLETED  xxxx MANY PROJECTS AND APARTMENTS.

2). BANKS HAVE APPROVED OUR PROJECTS.

3). WE HAVE SOLD  XXXX APARTMENTS OR XXXX MANY BUYERS HAVE BOOKED OR INVESTED IN OUR PROJECTS.

PLEASE OBTAIN ALL THE DETAILS WITH DOCUMENTARY EVIDENCE REGARDING THE COMPLETED PROJECTS.

DEMAND A LETTER FROM THE BANK THAT THE TITLES OF THE PROPOSED PROJECT OR PROPERTIES ARE CLEAR AND THE BANKS WILL TAKE THE RESPONSIBILITY OF NOT DEMANDING REFUND OF THE LOAN, IF THERE IS ANY SUITS OR LITIGATION.

PLEASE COLLECT THE COMPLETE NAMES AND FULL ADDRESSES OF ALL THOSE THOUSANDS OF APARTMENT BUYERS, WHO HAVE BOOKED THE PROPERTIES.

CHECK ALL THE RELEVANT DOCUMENTS AT THE CONCERNED THALUK OFFICE, DC OFFICE, BDA/BBMP OFFICE, INCOME TAX DEPARTMENT, BMTF AND SUB-REGISTRAR OFFICE AND PLACE A PUBLIC NOTIFICATION IN THE NEWSPAPERS INVITING CLAIMS OR OBJECTIONS FROM THE CLAIMANTS OR PUBLIC.

CHECK ALL THE PERMISSIONS, LICENSES, APPROVALS, NOCS AND CONSENTS AND THOROUGHLY READ ALL THE CONDITIONS ON WHICH SUCH PERMISSIONS ETC ARE ISSUED.

CHECK ALL THE ORIGINALS BEFORE ISSUING THE CHEQUE OR CASH.

ISSUE CHEQUE DIRECTLY IN THE NAME OF THE ORIGINAL OWNER AND NOT TO ANY MARKETING AGENCY OR OTHERS. OBTAIN OFFICIAL AND LEGITIMATE RECEIPT.

A SCAM IS BREWING!!!!!!!

A – KATHA, SANCTIONED PLANS – THEN WHY AND HOW CAN THE BBMP DEMOLISH THE BUILDINGS?


OBTAINING OR  GETTING A KAHTA  OR REGISTERING THE PROPERTY WITH FALSE REPRESENTATIONS – FABRICATED OR FORGED OR FAKE DOCUMENTS – FORGERY – MISREPRESENTATION OF FACTS – FRAUD – IS A PUNISHABLE OFFENCE.

Every day, Everyone is talking about the DEMOLITION OR RECOVERY of the Government Lands.

The DC Conversion order is clear and states that the holder of the conversion order or the land lord is not EMPOWERED TO bifurcate or carve a layout without the approval of the planning authority and the most important clause is that, in the event, the documents submitted or statements provided are false, fake, forged, fabricated, bogus and the facts misrepresented in the application submitted for the change of land use (D C Conversion) then the DC Conversion order stands automatically cancelled without notice.

Furthermore, the final condition of the DC order clearly states that in the event of any NON-COMPLIANCE of any of the conditions of the order, the order stands cancelled without the issuance of a notice and the Government will remove the structures or the buildings constructed on such properties and collect the demolition charges from the owner or the landlord as revenue arrears.

All the development plans, approvals, NOC`s, building plans sanctioned has the same clause as above.

Even, without saying, if any document is fake, bogus, forged or fabricated, all the licenses, approvals, NOC`s, consents and permissions STANDS CANCELLED WITHOUT FURTHER NOTICE and the authorities have the power to initiate appropriate criminal and civil proceedings against such perpetrators.

DOES ANYONE KNOW THAT THEIR TITLES ARE PERFECT AND THE STATEMENTS OR REPRESENTATIONS ARE TRUE?

COMPENSATION:

Must be paid to the poorest of the poor, who had been cheated by the seller.  The government must initiate action and bring the culprit to the book.

 

BUYING A PROPERTY/APARTMENT IN ARKAVATHY LAYOUT ZONE – WATCH OUT


THERE ARE TOOOOOOOOO MANY COMPLEX ISSUES SURROUNDING THE ARKAVATHY LAYOUT SITES AND APARTMENTS.

SOME HAVE BDA APPROVED BUILDING PLANS FOR APARTMENTS AND SOME ARE BDA APPROVED LAYOUTS AND SOME ARE TECH ZONES BY DEVELOPERS, BUT, ALL OF THESE HAVE TO BE COMPULSORILY SCRUTINIZED.

BDA IS A TECHNICAL BODY, PROVIDES/SANCTION/APPROVE LAYOUTS AND BUILDINGS AS PER THE GUIDELINES AND THE MASTERPLAN BASED ON THE DOCUMENTS SUBMITTED BY THE DEVELOPER/OWNER.  IN MANY CASES, THE DEVELOPER/OWNERS HAVE MISREPRESENTED THE FACTS AND CONCEALED THE TRUTH AND OBTAINED THE APPROVALS.  IF FOUND OUT OR DETECTED, THE APPROVALS AUTOMATICALLY STANDS CANCELLED.

SANCTION/APPROVAL OF LAYOUTS OR BUILDING PLAN BY BDA DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST.  ONE OF THE CONDITIONS OF THE APPROVAL FROM BDA IS THAT, IF THERE ARE ANY LITIGATIONS/CLAIMS/RUNNING SUITS, THE APPROVAL IS SUBJECT TO THE OUTCOME OF THE COURT ORDER OR DECREE.

DEMOLITION, RECOVERY, ENCROACHMENT, A KATHA, B KATHA, E KATHA, NO KATHA ETC


WAY BACK IN 1960`S TO 1980`S, THE PROPERTY PURCHASE WAS USUALLY DONE THROUGH KNOWN PERSONS OR CHANNELS OR NEIGHBOURS AND THERE WAS NOT MUCH OF “HOME LOANS” AT BANGALORE AND DUE TO THE SUDDEN DEVELOPMENT, THE PRICES SPIRALLED AND THE TOUTS STARTED THE MISCHIEF WITH MANIPULATED-FAKE-BOGUS-WRONG REPRESENTATIONS-FACTS OF THE PROPERTY CONCEALED- TO MAKE MORE MONEY.

THE RESULT OF THIS FAKE DOCUMENTATION IS : DEMOLITION & LITIGATION.

IT IS A WELL KNOWN FACT EVEN DURING 1960`S AND 1970`S, THAT NOBODY USE TO BUILD ANYTHING NEAR THE LAKES, UNDER ELECTRICITY LINES,NEAR RAJA KALUVE AND EVEN ON GOVERNMENT PROPERTIES.

THE SPROUTING OF DEVELOPERS AND BUILDERS, LAND MAFIA, TOUTS AND FRAUDSTERS PAVED THE WAY FOR ALL THE ILLEGALITIES.

IN 2012/13, DUE TO ABNORMAL DEMAND `B`KATHA CREATED, MOST OF THE PROPERTIES UNDER THIS CATEGORY HAS ITS OWN FLAWS, THE GOVERNMENT, EVOLVED A FOOLPROOF SYSTEM TO ISSUE `E` KATHA – ELECTRONIC MODE KATHA IN FORM NO.9 AND 11A AS PER THE DIRECTIVES OF HIGH COURT, THUS PUTTING AN END TO THE AGE OLD MANUAL KATHA.

EVEN, KATHA`S ARE NOT FOOLPROOF, AS IT IS ISSUED BY THE REVENUE AUTHORITY, BY SCRUTINISING THE DOCUMENTS SUBMITTED TO THEM AND IN SOME OF THE CASES, FAKE DOCUMENTS, BOGUS DOCUMENTS, FALSE STATEMENTS, CONTENTS TWISTED DOCUMENTS, FABRICATED DOCUMENTS ARE SUBMITTED, WHICH CANNOT BE OR COULD NOT BE VERIFIED NOT AUTHENTICATED AND KATHA IS ISSUED ON THE BASIS OF MISREPRESENTATION OF FACTS.

MANY BUYERS ARE UNDER THE CONCEPT AND IMPRESSION THAT A KATHA DELIVERS THEM GOOD AND MARKETABLE TITLES. IT IS NOT SO. IT HAS TO BE EXAMINED- HOW THE KATHA IS OBTAINED? WHAT ARE THE DOCUMENTS SUBMITTED? WHETHER APPROPRIATE AND APPLICABLE TAXES, CHARGES AND LEVIES ARE PAID OR NOT? WHETHER, ALL STATUTORY REQUIREMENTS ARE COMPLIED WITH IT OR NOT?

IN A CASE, AT BELLANDUR(CLOSE TO RING ROAD), IN A TOP END APARTMENT OF A FAMOUS BUILDER, THE RESIDENTS OR THE OWNERS(PRESENT), NOW, ARE PAYING BETTERMENT CHARGES TO GET THE KATHA OF THE PROPERTIES, AS SOME OF THE BANKS ARE DEMANDING THE KATHA AND SOME ARE IN THE PROCESS OF SALES.  THEY CANNOT WAIT FOR THE BUILDER TO PAY –  ARE IN A HURRTY – FORCED TO SHELL DOWN THEIR MONEY TO GET THE KATHA.

`A` KATHA, EC, BANK LOAN, BESCOM CONNECTION, BWSSB CONNECTION,PAYMENT OF TAXES AND TOP BUILDER`S NAME OR GOODWILL DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST.

SOME OF OUR READERS WERE VERY ANGRY AND VENT OUT THEIR FEELINGS AND VIEWS STATING THAT THEY HAVE REGISTERED SALE DEED, THE TITLES WERE GOOD AND  LEGAL 15 YEARS BACK AND HOW IT IS NOT LEGAL TODAY. IT WAS NEVER LEGAL. EVEN THE SUB-REGISTRAR CANNOT REGISTER SUCH PROPERTIES, WHICH ARE IN REVENUE LANDS. IT IS CRYSTAL CLEAR THAT AGRICULTURE LAND CANNOT BE BIFURCATED AND SOLD AND IT IS ILLEGAL.  EVEN THE DC CONVERTED SITE DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST WITHOUT PROPER APPROVALS FROM THE CONCERNED TOWN PLANNING AUTHORITY.  THE DC CONVERSION ORDERS ISSUED WAY BACK IN 1970`S AND 1980`S HAD CONDITIONS LAID IN ITS ORDERS THAT THE PROPERTIES WHICH ARE CONVERTED MUST OBTAIN CLEARANCE AND APPROVALS FROM THE APPROPRIATE AUTHORITIES AND ONLY AFTER OBTAINING SUCH CLEARANCE AND APPROVALS, THE MARKETABLE TITLES ARE CONFERRED.  THE MOST IMPORTANT CONDITION IN EVERY ORDER IS THAT IN THE EVENT OF “NON-COMPLIANCE” OF ANY OF THE CONDITIONS WILL RESULT IN THE AUTOMATIC CANCELLATION OF DC CONVERSION ORDER AND ACTION WILL BE INITIATED TO DEMOLISH ANY BUILDINGS OR STRUCTURES WHICH HAVE COME UP ON SUCH PROPERTIES AND THE EXPENDITURE INCURRED TOWARDS SUCH DEMOLITION WILL BE RECOVERED FROM THE OWNER AS REVENUE ARREARS.  THE USE OF SUCH LAND REVERT TO THE ORIGINAL USE, IN CASE OF NON-COMPLIANCE OF ANY OF THE CONDITIONS.  THE GOVERNMENT HAS THE POWERS TO DEMOLISH SUCH STRUCTURES WITHOUT INTIMATION.

BUT, THE BUYERS IN A BID TO ACQUIRE THE PROPERTY, HAS MISREPRESENTED THE FACTS BEFORE THE SUB-REGISTRAR AND GET THE DOCUMENTS REGISTERED.  IN THE SAME MANNER, THE KATHA IS ALSO OBTAINED.

NOW THE BUYERS ASK THE QUESTION? HOW DID SUB-REGISTRAR REGISTERED THE DOCUMENT? FACTS ARE TWISTED AND MISREPRESENTED AND THE BUYER/SELLER PAID XXXXX TO THE TOUT/AGENT TO GET THE SALE DEED REGISTERED AND AGAIN GETS THE KATHA IN THE SAME MANNER, GET THE POWER AND WATER CONNECTION AND PAY THE TAXES, FINALLY, WHEN IT IS DEMOLISHED, THE PROPERTY OWNER GRUMBLES AND CRIES.  

TITLES MUST BE CLEAR WITH MARKETABLE TITLES, ALONG WITH AUTHENTIC KATHA AND ALL STATUTORY APPROVALS, LICENSES, CC,OC AND POSSESSION.

IT IS SAD TO NOTE THAT MANY POOR PEOPLE LOST THEIR HOUSES IN THE RECENT DEMOLITION, WERE COMPLAINING THAT THEY HAVE `A` OR `B` KATHA, TAX PAID RECEIPTS, BESCOM CONNECTION, BWSSB CONNECTION AND REGISTERED SALE DEED. 

IT IS VERY SAD THAT THE HOUSES OF POOR ARE DEMOLISHED AND THE RICH GO SCOT FREE WITH LITIGATION FOR COUPLE OF YEARS AND THE NOTORIOUS BUILDER WHO STOLE THE GOVERNMENT LAND AND ROAD IS HAPPILY ROAMING AROUND AND SELLING HIS PROPERTIES.

THE COMMON STATEMENT MADE BY THE TOUTS, AGENTS AND THE BUILDERS IS THAT “THERE IS 90% DEVIATION EVERYWHERE, HAS THE GOVERNMENT GOT THE GUTS TO DEMOLISH? NO CHANCE” YOU CAN HAPPILY BUY AND IF SOMETHING GOES WRONG, WE WILL BE THERE- BUT THE TRUTH IS THAT YOU(THE BUYERS) WILL NOT BE THERE.

HENCE, CONDUCT DUE DILIGENT ENQUIRY AND EXAMINATION INTO ALL THE ASPECTS AND THEN PROCEED TO BUY. NO HURRY. IF YOU HURRY, WORRY WILL TAKE OVER.

WHY SCRUTINY AND EXAMINATION OF PROPERTY DOCUMENTS AND VERIFICATION OF THE TITLES REQURIED?


It is advised to conduct a thorough scrutiny/examination of the property documents, licenses, approvals, katha and related clearances from an expert advocate, before entering into an agreement of sale.

The Sale Agreement and The Sale Deed are very important documents, which must be drafted with utmost care and all relevant details regarding the acquisition of the property, flow of titles, approvals, consideration, conditions and clauses must be incorporated as per the prevailing and enforceable laws.

The entire exercise of this examination is to ensure that the titles are in order and also to avoid the futuristic litigation.  But, this process, if diligently conducted, will provide a picture of the property titles, whereupon the purchaser can decide either to buy or to withdraw from the purchase, based on the report or opinion.

The Advocate cannot/might not promise or assure that there will not be any future issues or litigation. 

The Advocate  can study, scrutinise and examine the documents submitted and explanations given/provided by the seller and REPORT HIS VIEWS OR FINDINGS to the purchaser.  Based on such a report/view/opinion, the purchaser can decide, whether to buy it or not.

This study and examination is intended to avoid buying properties with defective titles or properties with discrepancies.