Friday, July 4, 2014

REALTY - fast forward.......................

Cross Refer >
Aug 29




Venkaiah Naidu seeks early notification of simplified Delhi Building Bye-laws

Under the existing Building Bye-laws, sanctions for constructions are required to be issued within 60 days from the date of application. However, given the complexity of the procedures and rules, open ended interpretation and complexity of documentation, the stipulated timeline is seldom complied with. The proposed Unified Bye-laws seeks to address these issues so that sanctions are issued quickly.

 Co-operative Housing Societies are not subject to RTI Act


"Co-operative societies do not fall within the ambit of Right to Information Act, the Supreme Court has said while quashing a Kerala government circular to bring all such societies within the scope of the transparency law." ?????!!!!!

<> YES? Yes! By any thinking, rationale, or logic, the view handed down IS, from the viewpoint of the impacted vested interests, being the Society members, prima facie "a retrograde judgement"; especially so, in to-days context in which their genuine bona fide grievances, and unsavoury experiences are faced, at the behest / in the hands of the by and large narrow minded and extremely short- witted, mostly self-elected / -selected office bearers from among them. One thinks, even with no RTI Act, the members , even as per the mandates of the governing law / standard bye-laws, have the inherent right to seek and secure all such information as vitally affect /pertain to their common affairs. For that matter, as held by the Madras HC, the person officiating as "secretary", let alone the rest of the managing body,  is a "public servant" in its ordinary and legal meaning, with all its attendant /inherent consequences, for or against. Sooner any such view gets reviewed and revised by the judiciary itself, and / or officially clarified by the government(s),  the better for housing societies in any part of the Nation.

B/F All related >

Oct 15, 2012 - vati Housing Society in Mumbai and exposed their ... decision everyone knew of before the renovation contract ... Those of us who live in apartment ... and regulations. ..... compensate any victim of negligence, the Delhi High Court ruled. ... bearers under Section 109 of the Karnataka Cooperative Societies.

Case Law

(Add. of KCSR, etc.)







The builders argued that as per clause 27 of the Sale Agreement with individual flat owners, they had clarified that they would retain the rights of the hoardings. The society’s lawyer, however, successfully argued that the clause should be struck down as it was against the Maharashtra Ownership of Flat Act (MOFA).

Key Note: In one's longstanding conviction,- instead of driving the buyer/ his  community every time such an issue on which the position in law is more than apparent and adequately clear,- the government must set, and implement a frame of standard rules, having a statutory force. That should at least enable the disputes being settled by a consumer or other quasi judicial or judicial forum  much faster and automatically, by simplifying the whole procedure for connected proceedings.

That could, as imagined, could be made to happen by simply prescribing an issue based questionnaire. That has to be first filled in and submitted by the aggrieved, under his/their signature to the authority.  Who in turn require the OP to furnish his /its answer reply by saying, YES or NO. So that, the proceedings could be gone ahead with, on that as the OP's committed and binding statement / admission of facts/circumstances. Except, of course, in case OP says NO, then alone the authority would have further go into it and suitably decide.


 Real estate Bill to be taken up in Rajya Sabha in this winter session


 Efforts are on to enable quick approvals for real estate projects: Naidu


Govt to revise real estate Bill: Naidu 

xtracts >
< It also makes it mandatory for developers to launch projects only after acquiring all the statutory clearances
.....It provides for a clear definition of the 'carpet area' and would prohibit private developers from selling houses or flats on the basis of ambiguous 'super area'.>

<> The indicated revision needs to be, rather, must necessarily embrace and cover, from the viewpoint of the larger interests of buyers as a community, being the investors and having the direct major stakes, all such areas of concern to them ought to be addressed. More so, as individuals and on a collective basis as well.

No doubt,  those are , in the nature of things, expected to be primarily covered in the respective state enactments and implementation and enforcement part of which  rests with the respective statement governments. Even so, if were to go by the wisdom required/left to be gathered from past experience and  in hindsight, instead of leaving the gamut of al responsibilities beyond post-approvals stage to each state, the proposed regulatory enactment should necessarily lay down at least broadly the fundamental frame work and parameters to serve as aids for the states to strictly follow. Further, the ultimate controlling powers  are required to be retained with the center, thereby not allowing a long rope , that is longer than absolutely desired. Failing which, the basic objects /objective of the legislation might not be fulfilled. (< TO EDIT)


Unreal estates 


It is certainly a solace to notice that, for a change, new ideas of such kind are being mooted and given publicity on almost a daily basis by the now-so-commonly-believed Janata-friendly men newly in governance.. But the one and only thing suggestive or may-not-be-so-obvious to many is that these are prima facie long-term, with no definiteness about the time frame for giving a final shape and reaching at least , to begin with, the stage of throttling and take-off  fructifies. In other words, what ought to be realized  is that the nation / its people are in no position to keep waiting for longer , and in any view, for no more decades to be ‘lost’, for any one or more such reforms to, if at all really intended/aspired, to take to its wings-  be brought in and followed up by sincere implementation so as to serve the objective behind.



...first part of this series, I explained about the history of Whitefield area in Bengaluru that resulted in khata confusions. In the second part, I answered many questions related to khata,..

Aug 27

T R Raghunandan, 26 Aug 2014, Citizen Matters
In Part I, I explained the history of property-related confusion in Whitefield area in Bengaluru, and why Khata confusions arise. Here are some more questions answered on Khata:....

Builder to pay penalty of Rs. 12.36 lakh for not registering society

"......Later the society members themselves formed a society and registered the building and acquired “deemed conveyance”.

Property matters
Are you a resident of Whitefield? Or are you looking to purchase property in the area? If the answer is yes to either of the questions, then you should read: Khata confusion for Whitefield properties.
 'Trishanku' - like modern idea of twin cities, is this one more- Twin Trishanku ?

Khata without Betterment Fee! -

Khata Transfer -

Localcircles >

Be it black money, corruption, electoral funding, consumer grievances, lack of affordability for middle class, please list out everything.


What Bangaloreans must know about Khata certificate

 Dr. Sanjay Chaturvedi conducted an educative lecture on Due Diligence in Hyderabad


 Appointment of Administrator in Housing Society

 .....The cases of appointment of Administrators in Co-Operative Housing Societies are now rising. Generally the Deputy/Assistant Registrar of Co-Operative Societies (“the Registrar”) appoints an Administrator upon complaints from Members of the Society, if he finds that it is a fit case to expel the Managing Committee of the Society.

Structural Audit of society buildings


Purchase of Property abroad more eased: RBI

 SC orders BMC to find possible ways to regularize the illegal flats

 Previous >


Realty firms’ prospects to improve

The economic climate, not monsoon, is what determines the fortunes of players in the real estate sector. For instance, i... »


Regulating for the minority

Tough call Lack of supervision has landed healthcare in a precarious position RAJEEV BHATT
While the financial sector has hyperactive regulators, healthcare and real estate get by without much supervision
The fracas over the Government’s recent decision to cap the prices of diabetes and cardio-vascula... »      2 comments

Buying under construction projects? Watch out!

Bangalore Development Authority secretary caught taking bribe

While an Occupancy Certificate (OC) is not mandatory for registration of a building, it is required for possession. Proceeding without the OC, could make your property a B-khata property. Read: Overcoming the OC hurdle.


  1. ...
  2. Khata - BBMP
    Your Online Katha Application will be accepted conditionally and will be processed upon submission of the following requirements. You will need to print the ...
    One of the Conditions per Appln. Form, i.e. "possession certificate" is not understood ...?
  3. Mantri Square compound wall demolished amid drama ...
    Jun 2, 2011 - The BBMP action did in no way hinder access to the city's biggest mall. ... BBMP had issued conditional occupancy certificate to the developer on the condition that four metres ... The traffic problem will only get worse,” he said.
  4. CREDAI blames BBMP of corruption - Economic Times › CollectionsDemolition
    Jun 7, 2011 - The BBMP began the demolition drive as early as 6 am and razed the 4-metre stretch of encroaching ramp. ... put forth when they got the conditional Occupancy Certificate. ... The BJP has been in favour of smaller states, but has issues with ... Akhilesh Yadav accuses media of highlighting only UP incidents ...


Anti-competitive practices top complaints against realty players

Competition Commission gets 150 such cases

"....with almost all realtors incorporating biased abusive clauses in their builder-buyer agreements. However, the CCI’s model agreement can be enforced only on a single dominant player in any relevant market,” he said. .."

<> Whether anyone or more of the players /operators in the sector, even if per common knowledge is a leading and 'influential' player, the question of  his 'dominance' or 'abuse of dominance' is too technical to be complained against by the aggrieved, or  decided upon conclusively and within a reasonable time frame. Besides, it is not only the one-sided recitals finding a place in the contract agreement (s) but also absence of even basic recitals such as ‘completion date’, a foolproof 'indemnity' clause, so on, have become almost a common practice. Prevention or control would have been possible even at the entry level, provided the buyers care to exercise the minimum expected, if not due diligence, and care to take on. The advising professionals, engaged by either, often found to being under-equipped or poorly –equipped, are not known to have been of much help or service in bringing about any desirable change or improvement. For that matter, even strictly adopting standard /model contract agreements commonly available from government or other reliable sources and scrupulous compliance therewith could have saved many ‘stitches’, as against one in the initial stage itself; that is, the crucial stage of  formal ‘registration’ of related document (s). So the list of clues goes on endlessly.

Builder to pay Rs 11 lakh for failure to provide OC, fire & lift safety

MUMBAI: A consumer forum on Wednesday ordered a builder to pay a total of Rs 11.50 lakh to a Borivli-based housing society for failing to fulfill statutory and contractual...



How to make builders complete projects or compensate for ...


 - The Times of India - Indiatimes


How to deal with delayed property project - Business Today

Accommodation Times

Recent Article in Real Estate

Home buyers of Emaar MGF protest against delay

After a unique protest by Uni tech home buyers, now Emaar MGF’s Palm Drive project in Gurgaon is seeing disgruntled buyers demonstration... »



How to home in on your property

Choose from these five real estate themes that hold great promise
We’ve all heard that the Budget has a lot in store for the realty sector. The buzz is th... »


  • Violation of rule by builder/bmc - by vinayak deshpande

    I have purchased single flat from builder who is also a very well known company in consumer goods. The building has received oc in 2003 and i have purchased the flat in 2004.My agreement mentions area of 990 sq. Ft.  carpet. Recently all the residents have received notice from BMC that 2 flats are amalgamated illegally by everyone and should be brought back to condition shown on OC. After getting the oc in RTI , it shows two separate adjoining flats of smaller size. Since I am civil engineer by profession; i checked and found the RCC structure is made for bigger size flats and BMC is involved in this fraud from very start. Certain cases are filed earlier by other similar building in our plot against builder for insufficient parking available on ground and i feel hence they have issued this notice. Please guide for legal remedy. i am feeling cheated. At this point i am not getting any buyer due to this complication.
  •  < Reconcile with Tax case.
  • Parking problem in apartment - by SHIESTA007
    Problem has erupted in the apartment on account some owners parking their car inside the apartment when the apartment owners are allowed to park only single two  wheeler for each flat owners. But in spite of this some owners who have car in common have come together and bullying the rest of the other owners and not agreeing to park the cars outside the apartment.

    Many times in the flat owners meeting it is been asked to the members who own the car to park outside the apartment but still then the car is parked inside the apartment.

    Hence kindly guide as to what steps should the rest of the members take to put the cars outside? where should we give complaint? And what all necessary steps should be taken care before filling the complaint.

Apts Adda
Imp. Info.

AT News

a quixot says:

Your comment is awaiting moderation.

A commendable progress made in a seemingly well-thought-out public-centric programme; that, as expected, should go a long way in markedly improving upon the sad state of affairs that has been haunting the field ; to be precise, the devotedly but altruistically concerned everyone.

Related News

 a quixot says: Your comment is awaiting moderation.

At the first blush, to a commoner, and to the best of his ability to understand such vagaries, the write-up is seen to provide quite a lot of intimate information but of a technical nature.
Quite many of the hints given by the interviewed, if gone into, might be found to be of equal relevance and consequence not merely to the topic of “FSI” but several other connected or related similar facets.As for FSI, that itself , as is not unknown, an area played with by the vested interests to their own self-interest, against the interests of the gullible buyers.
The more you think, more you could share. but , ultimately, the most imponderable of all is, – where or whom to look for, for any remedy or solution of any kind !!

a quixot says: Your comment is awaiting moderation.

Having painstakingly listed ‘advantages’, one thing which, in is perceived to have been grossly overlooked, as pinpointed even earlier, is this: No doubt, the conceptual mechanism of ‘deemed conveyance’ is of assistance, and a remedy worth its name, provided what is conveyed thereby is property in a fully developed and completed and marketable stage in all respects, as was contracted for by the promoter. Problems are bound to be faced with,- particularly entailing/in terms of additional monetary burden to the purchasers,- should the field reality at the point in time of seeking/eventually procuring such a conveyance NOT BE SO !

10.  Typically in Redevelopment thru Builders, the builder takes adequate liberties to conduct several lapses (illegalities), consequent to which the BMC does not grant “Occupation Certificate (OC) “, which in turn means double the rate of water-charges for all residents of the building.
a)         These lapses (illegalities), can be easily avoided and stopped, when the building is developed on “Self Re-Development” basis.
b)         An “Occupation Certificate (OC) ” also means higher Sale-Value of the Flats and easy Bank-Loans for buildings granted with Occupancy Certificate.<<<<<

What the 'self-redevelopment' referred to  is not understood. As is imagined, in any event, active help and assistance of an architect , a competent and reliable one at that, might be inevitable and unavoidable. But the tragedy is that in the absence of any effective code of ethics or any sort of internal or external authoritative control to keep a check or monitoring, by and large , the architects are heard to behave according to their own whims and fancies , taking for granted /assuming unbridled liberty, with virtually the customer having not much say. Where does one go from there ?

The problem becomes all the more serious simply because of the facts of real life,- that in a multistoried complex , though co-owned, - each one of them, driven by that incredible 'ego' within, more often than not , instead of acting cohesively and with one mind, and in harmony, wants / insists to have his own way. Not realizing that thereby, he is harming, bringing lifelong misery, not only to self, but to the rest in the community as well. 
a quixot says: Your comment is awaiting moderation.

Cross Refer>


 < sourced:

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6.     Old Blogs - A Revisit 7th Feb 2013 | Swamilook › ExpertsTaxation
May 21, 2013 -

7 Apr 2014 ... Tags: consumer forum, Cooperative Housing, Deemed Conveyance, saviour ... builder is liable to pay municipal taxes and other expenses towards the building constructed by him, till the property is conveyed to the cooperative .... 1963, the promoter (builder/developer) has to convey the land and building .
97th amendment and Tamil Nadu


Without going into the constitutionality or otherwise of the absence of prescriptions, what is of the utmost importance , hence called for, is a thorough mindful analysis, by experts with an impartial outlook , ideally at the grass not level, for probing as to why and how the two quoted ones are at all adequate; or even reasonably be expected or believed to take care of and accomplish the very objective of such an audit as mandated by the law.
Even going by simple common sense, and a sporadic survey of the field realities, in one’s perception / perspective, might help to realize, rather be more than sufficient for anyone altruistically concerned to firmly conclude, rightly so, that the real life situation is so deficient and worrisome as to meet the objective even half-way.
A feedback given and shared for the common good, and displayed in public domain, in the recent past, may be found to bring to sharp focus the real main cause for the largely prevailing sad state of affairs; which , however, remains to percolate through, so as to provoke useful thoughts, and galvanize positive action.


To give a hint: The feedback referred to may be located in websites/ blogs on the related topic head of, - audit of housing societies.
Incidentally, useful feed backs on yet another crucial and more fundamental aspect, requiring special focus on, being the glaring deficiencies in the special legislation of TN aimed at governing the field of construction and sale of housing units, called 'apartments', but disgustingly left unattended to and remedied, so long for decades, may be found to have been  likewise placed and shared for serving the public interest.  

< < Malegam Committee Report overhauls UCBS 

                       <Seminar on cooperative auditing




Two flats merged into one must get tax exemption: Bombay ... › CityMumbai
11 hours ago - If two adjacent flats are bought from different people through two agreements ... Two flats merged into one must get tax exemption: Bombay HC.

Reasoning:Per Layout Plans,to have only one common  kitchen ?!

READ ALSO: Mumbai flat buyers at mercy of property developers


Property frauds reported highest in Delhi

 a quixot says: Your comment is awaiting moderation.

Is this not stale NEWS or noway sensational one?- Certainly not for those who have cared to read and made a conscious note of the SC judgment- delivered within living memory-, that was exposing the irregular, illegal practice perpetrated and continued to be perpetuated not merely for years but for decades , ridiculing and disapproving the, -’GPA Sales”

July 6

What home buyers want from Jaitley

Here are the budget measures that will make a big difference to home buyers
Delayed hand-over, escalating prices, soaring monthly payments − you know how life has been f... »

Ref. Related HERE> 

Sanjeev Lal vs. CIT (Supreme Court) on!

Sanjeev Lal vs. CIT (Supreme Court)

S. 2(47)/ 54: If an agreement to sell is entered into within the prescribed period, there is a transfer of some rights in favour of the vendee. Fact that sale deed could not be executed within the time limit owing to supervening problem is not a bar for s. 54 exemption

<>The view the apex court has in its soulful wisdom taken sounds well reasoned and logical; more so quite sensible being based on a pragmatic judicious approach, unmistakably founded on principles of natural justice, instead of allowing to be tied down simplistically by the ‘letter’ of the law.
Points to be specially noted and stressed:
1. Section 54 no doubt lays down 1-2 (3?) year time limit for compliance with its requirements, so as to claim and have the CGT exemption allowed. However, by strictly construing the provision and laying emphasis only on the factor of prescribed time limit, on a stand alone basis, the Revenue has sought to veto/deny the assessee’s claim .
On the facts of the given case, the apex court has, nonetheless, on the grounds of the reasoning lucidly given, ruled the issue in assessee’s favour. In doing so, the well known time honored sound principle / rule of judicial interpretation – namely, “purposive interpretation” has been adopted and followed.
Incidentally, the lately enunciated yet another rule- come to be known as “Updating Construction”, – which in a manner of intelligent viewing, is nothing but an extension of the “purposive approach” rule, – though not raised hence not dealt with, should also, in one’s own perspective, go to strongly support the view the court has taken.
2. in the instant case, the subject matter of transfer is an exclusively owned house property, already in shape, and in physical occupation and enjoyment; as opposed/distinct from flats or apartments not so exclusively owned, more so if one under construction at the relevant point in time. The reasoning of the court, therefore, should be of avail, that too with greater force, in the latter mentioned instance; that is, in case of a flat or apartment. also if that be under -construction stage.
To briefly dilate the point in mind : The customary delays in completion, registration, and handover of physical possession of flats/apartments by promoters, as come to be commonly experienced and sharply focused on, have led to grave prospects of ‘purchasers’ failing to satisfy the rigid time limits (of 1- 2 years) for claiming and being allowed the CGT exemption under the different schemes; albeit for no fault of them, and beyond their control. Hence, in an open appeal to the FM, his attention has been sought to be drawn to the dire need crying for proactive steps but yet to be heard to bring about a relaxation of such time limits having regard to the surrounding realities.
In the hope and belief that the underlying points have been satisfactorily brought out, it is now left open to enlightened and experienced tax experts to further explore those in-depth, to the end of reaching a righteous conclusion ; besides being of proper guidance to clientele .

 July 7

July 5
cm (pent house)

Be careful while buying an under-construction property ...

The builder is promising OC and A khata. The property is g+3 floors. There is a flat on top of 3rd floor and also a pent house on the 3rd floor. But when I check OC, it does not mention anything about 4th floor. The OC shows the approval upto 3rd floor. My flat is on the 3rd floor. Will the extra construction on the 4th floor cause any problems?
Prima facie, strikingly, there seems to be a confusion/self contradiction in the narrated facts; querist will be well advised to self try and have clarity in own mind.
The so called rules Book, for that matter even the activists can be expected to provide any forthright and sensible direction. Instead, better go by the world book of past experience. The closest instance so known is that infamous case- 'campa cola' (-not to mix, for a moment, with the like sounding, 'coca cola' or any other modern day colas aplenty).

Lesson (the most fundamental of all fundamentals ) to be found in 'the world book' of past experience is this :
Self help is the best of all helps one can prudently think of.

Ind. EXp.

Loudly thinking, points (of posers) instantly surfacing are broadly as
Are not, now that the deemed conveyance stands nullified, all the
parties back to square one; that is, on the premise that conveyance of
the property (land and building) has yet to take place ?
Does that not impact / jeopardize the rights and interests of all
purchasers, not excluding those in occupation and enjoyment of the rest
of the floors, not faulted as illegal ?
Is not, as per the law, therefore, the property to be treated as still
in possession of the promoter(s), with all attendant lawful
consequences/ perils?
Answers could hopefully emerge only in the course , and conclusion , of
the further proceedings ! Unless, in the interim, the experts have
anything more or different to share !

'Govt to bring out revised Real Estate Regulation Bill soon'
  1. Hindu Business Line ‎- 9 hours ago
    The BJP Government is set to bring out a revised Bill to regulate the real estate sector, after talks with all stakeholders, said Urban Development ...
< ...It aimed at protecting interests of home-buyers and establishing a mechanism for settlement of disputes....>

<> Yet again the Press Report, rather the entire gamut of official pronouncements / assertions covered, is too vague to be understood y or make any sense to the stakeholders;  especially ,  -let alone whose interests are intended to be taken care , as coming within the purview of the referred   "housing shortage of 300 lakh houses in urban areas"- those hapless victims of the players in the sector thus far remaining  unregulated , who have already invested or in the process of doing so. To be precise, what is imperative but long  overdue hence need to be given  the first and foremost priority / thrust is a sincere concerted action towards  scrupulously implementing and enforcing the special enactments on multi-storeyed building complexes that have alarmingly mushroomed in every one of the States comprising THE UNION.

As repeatedly emphasized by impacted / impaired stake holders, the last seen text of the Regulatory Bill requires, not simply  a 'revision', but a thorough redrafting and restructuring of it with a multidimensional focus on all its ramifications, to accomplish the objective behind the move.

Key Note: The info., input material, etc. in the form of articles, analytical or Critique, besides the Posts and Blogs of the aggrieved and concerned, all available on intelligent browsing of Google and other connected websites, freely in public domain, might be found to provide a host of  useful help / guidance. Mostly, the several angles those throw up should be adequately covered in re-framing/-structuring, the proposed Regulatory Bill in order to ensure that it is as foolproof as desired / expected.  

Xtracts: replace the Delhi Apartment Ownership Act, 1986.
 However, the proposed Act will not cover cooperative group housing societies and DDA flats in the city as these are out of its purview.
"There is no clarity in the existing act and it has not been enforced fully yet. So there is a need for its complete overhaul to implement its various provisions, said a senior Urban Development Ministry official.
The new Act proposes to make easier the transfer, inheritance and sale of apartment blocks for apartment owners in the city.
It also aims to provide full ownership rights and simplifies the process of buying or selling houses. As of now, owners only get occupancy rights. About 20 lakh people are estimated to be living in Delhi's apartment blocks.
Naidu had called a meeting of Delhi MPs to discuss the issues concerning the city and find a way forward.
Besides apartment ownership, the issues of Delhi rent control, unauthorised colonies, Delhi Master Plan and greenery of the capital were also discussed with four Delhi MPs-Parvesh Verma, Udit Raj, Manoj Tiwari and Ramesh Bidhuri here.


The new Act proposes to make the transfer, inheritance and sale of apartment blocks easier for apartment owners in the city. It also aims to provide full ownership rights and simplify the process of buying or selling houses. As of now, owners only get occupancy rights. About 20 lakh people are estimated to be living in the city’s apartment blocks.

Confusion worse confounded ?!

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