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Buyer Safety : Right To Property Gone, be cautious when you buy a Property

150 residents of I Block at HRBR Layout, in northeast Bengaluru, received a notice from the tahasildar of Bangalore East taluk to vacate their houses within two days, as they were built on an encroached tank bed. The tahasildar's notice said that their structures, on Survey No. 211 of Banaswadi village, are on a 'Government Lake' bed that had been encroached on. 

What went wrong when they bought it?

As the Constitution was originally drafted, the Right To Property was enshrined as a fundamental right. By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right!

The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate any private property for social welfare purposes. Also, the adequacy of compensation payable on acquisition or requisition could not be questioned in a court of law.


There were 262 lakes in Bangalore in 1961, of which only 33 are visible on satellite images now — pollution and encroachment being the major reasons. On records though the city is home to 189 lakes, of which 123 are owned by BDA, 55 by BBMP, six by LDA and five by the forest department. The encroachment of lakes have resulted in illegal constructions, and it still continues. As a property buyer you should do additional work along with legal verification of property to ensure that the apartment is not built on "kere"(lake) land. A competent property consultant would be able to tell you the truth.

How do you Safeguard?
  1. Trust the builder not the brand. 
  2. Always consult an experience property lawyer when in doubt.
  3. If possible seek an advice from a reputed property consultant.
Builders like CMRS Group always ensure that the property being offered to customers do not have any issues related to legal status or does not come under the criteria where the land can be acquired by Government. CMRS Group writes in the agreement that the buyer is fully indemnified and harmless at all times, from and against any action or proceedings, loss of liability, cost or claim that may arise against the purchaser, or the property, due to defect in title. 

This is a big PEACE OF MIND forever!

For any property guidance, free legal advice and any other assistance while buying a property, feel free to call at  +91-7676-122-000 or send an mail to info@cmrsproperties.com

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