in Property Law
Asked November 04, 2018

RERA property buying questions

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Dear Sir/Madam, I am planning to buy a plot from a RERA approved project in a gated community in Bangalore which has around 100 plots. The project is fully completed by a reputed builder and plots are ready for house construction. Legal documents are all clear and plot loans are available by various banks. When I contacted HDFC Home loans, the manager asked me for the survey number of my booked plot. He told that there is one particular survey number in the layout which is NOT approved. Plots in every other survey number is approved. The reason is that it is in the name of the director of the company and not in the name of the company itself. When I enquired, I came to know that my plot falls under 2 survey numbers - the one which is in the company’s name and the other one in the director’s name. According to HDFC Home loans it can not approved by them as it is in the individuals name and not in the company’s name. But some banks do approve such plots. They disburse two cheques for such plots - one for the owner and another one for the company. But according to HDFC it is a violation of company act and they can disburse the loan only to the company. They can not split the amount into 2 cheques to different parties. I am confused now. I have following doubts: 1. Is it safe to buy this plot from legal point of view ? Is this a problem only with the loan disbursement or is the builder doing something illegal ? 2. Even if I manage the finance from some other bank, will there be a problem when I want to sell it in the future ? 3. Once I clear the loan, what will happen to the survey number of my plot ? As per the sale deed format given, they give only Khata number for each registered plot and survey number doesn’t seem to be mentioned for each plot. Will there be again a problem for for selling ? 4. According to the HDFC manager, it is a common practice for the owner to keep some shares in the layout so that they can avoid higher tax that would have incurred had they sold it through the company. Among two cheques disbursed as the loan from the bank, one would go to his personal bank account and the other one to the company’s bank account opened as per RERA guidelines. Any advice from the experts here would be highly appreciated. Thanks Kamal

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