Found out land might be eligible for road expansion

Community Forums Legal Advice India Found out land might be eligible for road expansion

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    • #39898 Reply
      User_287e9699
      Participant
        U
        User_287e9699
        PARTICIPANT
        March 7, 2025 at 5:46 pm
        I recently paid advance for a house plot. While applying for a home loan, I found out that 30 sq yards fall under a potential road expansion zone. If the government decides to extend the road, I’ll lose that part of the land.

        Now I’m unsure whether to:

        Exit the deal and demand a refund, since the land has a high risk of partial acquisition.In this case , can I get my advance back in full?

        Negotiate for a lower price, accepting the risk that I might lose some land in the future.

        What’s the best way to handle this?

      • #39901 Reply
        Cleverfalcon3655
        Participant
          C
          Cleverfalcon3655
          PARTICIPANT
          March 7, 2025 at 5:51 pm
          Not a lawyer but according to the rules and my understanding if the market price is equal to the collector rate of that land then in the situation of acquisition you will get 4 times of money.

          • #39904 Reply
            User_287e9699
            Participant
              U
              User_287e9699
              OP
              March 7, 2025 at 6:03 pm
              I edited my post, what I wanted to ask is 30 sq belongs to the road widening gift deed that the government owns.So, if the govt decides to extend the road I will lose it. Also the lawyer mentioned that since there is a construction on that part, I won’t even get any compensation from the government.

          • #39900 Reply
            Alphastar8884
            Participant
              A
              Alphastar8884
              PARTICIPANT
              March 7, 2025 at 5:54 pm
              Afaik, you get a lot of money if the government acquires your land (provided it was purchased legally and was not govt land to begin with). You should properly research the law and rules of your state and precedents before making a move as the other party could negotiate for higher price if they become aware (provided they are currently not).

              • #39903 Reply
                User_287e9699
                Participant
                  U
                  User_287e9699
                  OP
                  March 7, 2025 at 5:59 pm
                  I meant that 30 sq yard is road widening gift deed that needs to be registered to the government when constructing a building. So it actually belongs to the government.

                  • #39907 Reply
                    Silentsamrat7037
                    Participant
                      S
                      Silentsamrat7037
                      PARTICIPANT
                      March 7, 2025 at 6:11 pm
                      So the previous owner already might have got 4x of the current rate and he might be selling only the remaining part.

                      • #39908 Reply
                        User_287e9699
                        Participant
                          U
                          User_287e9699
                          OP
                          March 7, 2025 at 6:13 pm
                          Probably, not exactly sure on this. Also the bank is not willing to give loan on that portion. Should I exit now considering the risk or as the probability of acquisition is less can I negotiate and go ahead?

                          • #39909 Reply
                            Silentsamrat7037
                            Participant
                              S
                              Silentsamrat7037
                              PARTICIPANT
                              March 7, 2025 at 6:17 pm
                              I recommend you for getting more clarity on this, make a visit to the revenue department for that area.

                              • #39910 Reply
                                User_287e9699
                                Participant
                                  U
                                  User_287e9699
                                  OP
                                  March 7, 2025 at 6:18 pm
                                  Got it, thanks πŸ‘

                                  • #39911 Reply
                                    User_e165a9cd
                                    Participant
                                      U
                                      User_e165a9cd
                                      PARTICIPANT
                                      March 8, 2025 at 3:00 am
                                      Just exit the deal if there is no extra FSI alloted for such land, and also next time have a local agent or local person with you it does help.

                                      • #39912 Reply
                                        User_287e9699
                                        Participant
                                          U
                                          User_287e9699
                                          OP
                                          March 8, 2025 at 7:32 am
                                          There was a guy who handled all of these things but this wasn’t brought up. I got to know after I visited the lawyer yesterday. Lesson learnt to verify the docs with lawyer first.

                          • #39899 Reply
                            Ashishmaster940
                            Participant
                              A
                              Ashishmaster940
                              PARTICIPANT
                              March 8, 2025 at 2:23 am
                              Road widening gift deed means the land has been surrendered to government?

                              In that case you aren’t getting anything

                              • #39902 Reply
                                User_287e9699
                                Participant
                                  U
                                  User_287e9699
                                  OP
                                  March 8, 2025 at 4:08 am
                                  What the lawyer told me is that any construction done after 2005 needs to allot some portion as a gift deed for the govt. But this was constructed before, so they haven’t done that yet. Once I buy and plan to construct something , I have to write the gift deed to govt( even though I pay the seller the market rate for the same)

                                  • #39906 Reply
                                    Ashishmaster940
                                    Participant
                                      A
                                      Ashishmaster940
                                      PARTICIPANT
                                      March 8, 2025 at 4:11 am
                                      Ask him to provide the copy of this rule and pay less for the road as that is not part of the property.Β 

                                    • #39905 Reply
                                      Rapidhawk5170
                                      Participant
                                        R
                                        Rapidhawk5170
                                        PARTICIPANT
                                        March 8, 2025 at 11:09 pm
                                        Some doubts !!!
                                        1. Residential and Commercial?
                                        2. Are you reconstructing it or new construction?
                                        3. If reconstructing then same built up or more built area will be constructed?
                                        I think If more then portion of the land according to the excess area constructed will be gifted/donated/allotted for road widening. You’ll not get a compensation for this, instead will get an increased FSI ( Depends on State Laws).

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