Blog Detail

 Home / Blog Detail

Flat & Houses For sale

The builder then sets the terms for payment - 20% advance, 70% for slabs (for a typical G+3 Apartment), 10% after sale deed registration. After paying the advance (20%), you will apply for a bank loan. If your Credit Information Bureau (India) Limited (CIBIL) score is good, you will get immediately loan approved, since in almost all the cases, land records (i,e sale deed, mother deeds, khata, tax paid receipts etc for land) are clean. The builder will not let you modify any contents of terms and conditions of either Sale Agreement or Construction Agreement (or Agreement to build). Builder will also not entertain any questions, clarifications, doubts etc to be answered or raised. You will be left with no option but to buy it or look for a different flat. Since you would have already tried and tired of finalising/searching a flat, you will not fight with the builder - you will agree to everything. In most cases, the builder would have constructed all the slabs (or will complete all slabs within 2-3 months) and will raise the Demand Note for the 70% of the flat's cost. That is, by this time, you would have paid 90% of the flat's cost. Builder will use all his tactics/coercion/force etc to get the 70% payment as per the Agreement to Build. Builder will also put pressure on the bank to release the payment as per the agreement. Finally, the builder will get 90% of the flat cost into his kitty within three months of Sale Agreement. This is where the actual problem starts. Your flat work will not be completed – brick work, painting, fittings, wood work etc. Since the builder has mentioned 10/12/18 months, he will take his own sweet time to finish it. Also, the total cost includes: Your flat + lift + generator + electricity meter + common areas + All promised Amenities + Registration + Occupancy Certificate + Khata. The builder will only complete brick work etc for your flat and raise a Demand Note for the balance 10%. After the release of 10% (totally you would have released 100% by this time), the builder will ask you to go for Sale Deed registration without completion of all other things except your flat.
You can say, when the bank has sanctioned loan and legal opinion is clear, why I can’t get Khata? The reason is, bank will sanction loan based on land records only. Because it is under-construction property and the bank will not see any building violations in case of under-construction property. Even if they know, they will not raise any objections, because everything is legal as per the agreement and payment schedule. The bank will release 80% money just for slabs only, as per the payment schedule. Banks also know that OC and Khata will create legal problems for them, they also would like to release all the money just after the slab work is completed. Even though sanctioned letter explicitly states that there should not be any violations and builder should obtain NOC from all agencies, and ‘A’ Khata is required for creating equitable mortgage (from legal opinion submitted to bank,) the bank coolly ignores the same because they need the business, which is the biggest for them. The same bank will not accept your documents or sanction mortgage loan, if you would like to sell or mortgage (after you occupy the flat). Since you don’t have OC and ‘A’ Khata. The builder will demand 100% money before the building is complete, because all violations happen only after the slab works. The builder will construct 1 or 2 floors (pent house etc.), extra which are illegal and hence no OC will be given to you. When you check BBMP site for ‘Know Your Tax Paid Details,’ you will still see the land owner's name against the property and Khata number. This is because original Khata has not been bifurcated into individual flat owners. Reason: Again, NO OC. (B Khata has no value, though BBMP collects property tax).Sell a flat by using allindiayellowpage.com.