Illegal construction by builder is it safe to take loan on that flat

544 votes

If no other suitable Flat is available, you can go ahead, you are not purchasing 3 floor pent house, the buyer of the pent house and 2bhk in basement. has to get regularize the same with local authorities through Akarma-Sakarma scheme.

Advocate Periyaswamy K S LawRato

722 votes

Dear Sir/Madam, before going to buy this flat, you have to take legal opinion on flat documents in respect of flow of title ownership. In pursuance of construction of the flat/building on the said property, if any deviation the concerned authority imposing the penalty and to legalise the said deviation construction on the report of civil engineer deviation report cum percentage of deviation certificate, if not there anything, you should not buy this flat, it will be affect on your right as well as loss in terms of money, to suffered a lot of mental tension.

Advocate Chandrashekhar Vithal Jadhav LawRato

639 votes

Hello,

I would not suggest you buy the intended flat. There will be a lot of problems that you shall later face due to the deviation, example procuring Katha, Apartment Association formation problems, loan problems, car parking problems due to extra houses, maintenance charges problems, etc., I would never suggest our clients to invest their hard earned money on projects that are not legal. There are so many other projects flats that you can invest or purchase which are without any illegality or hassles. The builder might say that he can accomplish everything by paying bribes to various authorities, which is frowned upon.

These banks are only looking for interest money from your end. At the end of the day all they shall see is if you are financially good to pay back the loan amount that is taken by you. However, certain banks do a through a scrutiny of the documents, and if any one of the Banks reject it, that means that the customer has to take a step back.

Conclusion : Please do not buy the flat, search for other projects which are not deviating from the Plan Approval. Contact me for more information.

Advocate Pavan Hebballi LawRato

651 votes

Although it is unlikely that your flat in the ground floor (which is legally built) will be affected, it would be best if you don't buy the property. However, it is not possible to give complete advice without looking at the property documents.

LawRato LawRato