Property Plus
Coimbatore
Caution: all that glitters is not safe to invest
People investing in property need to exercise extra caution to ensure that they are not taken advantage of by the seller. Ignorance of relevant laws and rules can lead to making investments in a legally disputed land, points out K. Kathirmathiyon, Secretary of Consumer Cause.
Legal issues
While buying a plot, house or apartment, a legal opinion has to be obtained regarding seller’s right to sell it. The buyer should not merely go by the words of the mediator, seller or document writer. Ownership of the seller has to be ascertained and the documents need to be verified. A house can be constructed only in an approved layout. Buyers should ensure that no acquisition proceeding such as Highways and housing board/Urban Ceiling Act proceedings were pending against the site.
Approval
A layout can be approved only by the Member Secretary (Joint Director) of Local Planning Authority in case of layouts within the Local Planning Area (LPA) limit. Other than the LPA areas, the Deputy Director of Town and Country Planning has to approve the layouts. If the layout land is more than five acres, it has to be approved by the Director of Town and Country Planning, Chennai.
Unauthorised
In the case of town and village panchayats, the layout approved by the Executive Officer of town panchayat or president of village panchayat will be considered unauthorised irrespective of its size. ‘Panchayat approval’ does not exist at all in legal terms, Mr. Kathirmathiyon added.
Sub-division
If a land or site has to be divided or different sites have to be amalgamated into one, then approval has to be obtained from JD or DD of Town and Country Planning.
Building plan
In LPA area, approval can be obtained from officials of the local body concerned (Corporation Commissioner, Municipal Commissioner, Executive Officer of town panchayat or president of village panchayat) if the construction area is less than 200 sq m in case of residential building and 100 sq m in case of non-residential building (commercial and industrial).
If the construction area is more than 200 sq m and 100 sq m (1,076 sq ft), the building plan approval has to be obtained from Joint Director of Town and Country planning.
In non LPA areas, for the construction of residential houses in approved layout, building plan approval can be given by the concerned local bodies. But, in case of construction of commercial complex and public buildings, approval has to be obtained from the Deputy Director of Town and Country Planning.
Houses can be constructed only if the land is classified as residential. Only then the Government is empowered to classify/reclassify the usage of land.
The sites can be used only for the purpose for which it is identified and approved by the LPA. If sites are identified as park, children’s play ground, shop, community hall, it should be used only for that purpose. No official of the local bodies is empowered to convert purpose of the land.
Only the Government is empowered to permit deviation in the reserved public purpose sites.
Power of Attorney
If purchase is through Power of Attorney, the power should have been registered and should be valid without any cancellation.
If any of the executors of power of attorney is not alive, then it stands cancelled.
There have been cases of public purpose reserved sites being shown as house sites.
The approved layout should have the signature of the planning authorities. Doubts can be verified with the Local Planning Authority/Deputy Director of Town and Country Planning office.
V.S. PALANIAPPAN
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