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Is it safe to purchase the freehold property in Noida


17-Oct-2023 (In Property Law)
I have recently paid a booking amount for the flats being constructed in defence enclave sector 44 noida. The name of the project is S. This is not only for me but for a large group of people . Hundreds of people have invested there. It is near stellar green apartment. The land is also free hold. I asked builder for map approval but he said that it does not come under authority so does not need the same. I want to know from your goodself and help us in knowing whether the land, as well as the constructions on it, are legal are not and same us from any demolitions in future?
Answers (3)

475 votes

 Here's a comprehensive analysis based on available information:


 Legal Status of the Land

  • Freehold Land: The land is freehold, which generally indicates that the landowner has full ownership rights, subject to compliance with applicable laws.

  • Zoning and Land Use: While the land is freehold, it's essential to verify its zoning and land use classification. If the land is designated for residential use, construction is permissible. However, if it's classified for agricultural or industrial use, residential construction may be illegal.


 Construction Approval and Compliance

  • Map Approval: The builder's claim that the project doesn't require map approval is concerning. Typically, construction projects must obtain approval from local authorities, such as the Noida Development Authority (NDA) or the Greater Noida Industrial Development Authority (GNIDA), depending on the location. This approval ensures compliance with building codes, safety standards, and zoning laws.

  • RERA Registration: It's crucial to check whether the project is registered under the Real Estate (Regulation and Development) Act, 2016 (RERA). RERA registration provides transparency and accountability in real estate transactions. You can verify the project's RERA status on the official RERA website or consult with a legal expert.


 Protection Against Future Demolition

  • Legal Risks: If the construction lacks necessary approvals, there's a risk of demolition or legal action by authorities. This could lead to financial losses and displacement.

  • Due Diligence: Before proceeding further, it's advisable to conduct thorough due diligence. This includes verifying the builder's credentials, checking the project's legal approvals, and consulting with a legal expert specializing in real estate law.


 Recommendations

  1. Verify Legal Approvals: Request the builder to provide copies of all necessary approvals, including map approval and RERA registration.

  2. Consult a Legal Expert: Engage a lawyer specializing in real estate to review the project's legal standing and advise on potential risks.

  3. Collective Action: Since multiple investors are involved, consider forming a group to collectively address concerns and seek legal recourse if necessary.

  4. Monitor Developments: Stay informed about any notices or actions taken by local authorities regarding the project.

Answer #1
603 votes
Please tell me about that property is coming in town area or rural areas. If that property is coming in town area then with out map approval build any contractions is illegal. And more information file a rti in nearest development authority to knowing all quarry
Answer #2
285 votes
Freehold properties are generally more stable, and their value is likely to rise over time.
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