Does the project have clear title?
Mother deed for land on which builder has built the project is not available. The earliest document is the partition deed created in 1947 - post which the chain of documents is continuous. DC has been done and EC - form 16 is available from 1964 to 2014. All the other documents like Commencement certificate, plans, Occupancy certificates, tax paid receipts are there.
I have got photocopies of the documents from the builder for getting the legal verification done. When I asked for the originals they informed that it has been deposited to bank as part of mortgage. They are saying they will get the NOC from the bank once we sign the agreement. When I spoke to bank representatives they also mentioned a similar procedure. The project has been approved by all the major banks including SBI.
A lot of families are already staying in the project which has about 3500 flats, and based on my interactions with a few of them so far they have not come across any problems till now and they have not discovered anything of concern yet.
The project plan has been approved by BIAPPA and it comes under Panchayat jurisdiction in Bangalore Rural district.
1. Does that sound right or is there anything fishy about the documents or legalities? Will there be any difficulty in reselling it at any point if I so decide.
2. Is the builder right in not making the originals available on the pre-text of the mortgage? If yes, what documents can I ask for instead to verify his claim?
3. In case if I am unable to proceed further because of legal deficiencies, how can I get back the booking money of 1 lac already paid to the builder?
4. At what point does the originals pertaining to the title deeds, plans etc. is transferred to apartment owner's association?