RERA RERA

5 years ago

From Date:13.06.2018
Sri Rajendra Prasad Shah
Bagbrundaban, MS Das Street
Gopalgaon
Balasore-756001
Mob-9437062371
Email:[email protected]
To
Vidhikarya

N.B: Yesterday I have ask a query which is not fully completed, some modification of this query is given below.
Sir,
I have Ac0.68 dec( 2754 square meter) land in village Ganeswarpur in the District of Balasore under the State of Odisha. The said village Ganeswarpur is not coming under Balasore municipality but it is under Town planning area. I am the sole and exclusive owner of the said properties out of the said Ac0.68 dec land. I have been using Ac0.23 dec.( 931.5 square meter) of land as my homestead land and the rest Ac0.45 dec(1822.5 square meter) is used as agricultural land.
I am not a developer and promoter and I have no any real estate business. In order to maintain my family I want to sell these land as and when required. I am confused about the present law guided under RERA. In this connection I want to take opinion from you with respect to the following points:
1. Whether I can apply to the Town Planning Authority to sell 500 square meter by subdividing the aforesaid Ac0.68 dec of land?
2. If the Town Planning Authority allow me to sell the said 500 square meter then in subsequent stage can I be allowed by the Town Planning Authority to sell further 500 square meter as and when required by me?
3. There is a road adjacent to my aforesaid land. I use to go to my said land on this road, the width/breadth of the said road is more than 20ft. The owner of that road has allowed me, my successor and my purchaser to use and possess the said road as my egress and ingress by entering in to a registered agreement for path with me. At the time of sell below 500 square meter I will allow my purchaser to use the said road like me. I am not selling the land by developing the plot and also I am not making and developing any new road for the said sell. In that event can I be treated/ considered as a real estate promoter under sub section (zk) of section 2 and contents of section 3 of the Real Estate Regulation & Development Act 2016.
4. Whether my registration before RERA is required for the aforesaid land in order to sell the same, as I am not a promoter developer and not selling the land for business and profit?

With regards
Rajendra Prasad Shah

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Please contact local advocate
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