Friday, September 5, 2014

Property (Flat / Apartment) Law X Law EXPerts X Promoter / Byers


<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.

Side Dishes (On RTI - Equally unpalatable) >>

>  These, an unmistakably glaring Bizarre TURN -around!

a quixot (bharat)
1 min ago
Silver: 673
Stark/Blunt Reaction: Moment of truth has come, for sparing time to usefully think, to try and bring about some sanity: 1. Root Cause: Persistently ongoing onslaught on the very object /objective of the law seems to defeat it from all sides, and demolish it at the grassroots! 2. A couple of horrid instances to illustrate: Lately reported madness in extending the law to Bollywood; and not long ago surfaced misuse of the law by goons in the field of 'realty'.* To top it all, the view the SC has recently handed down on the right of housing society to seek remedy by invoking the law.

* TG

Blackmailers using RTI Act to blackmail builders


Appointment of Administrator in Housing Society

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.)

 CA club
  Section 2(47)(v) may hit by change in 53A of the TP Act

< Writers contact - ref. bottom of



Cooperative society laws - by mrs.k.Anupama

In a registered housing society a defaulter member is harassing the committee as the committee has filed 101 mcs act proceeding against him with the asst registrar for 8 years old dues. He is asking for few documents which are dated 2007 i.e 7 years old. As per the rule how long we can preserve the records of society and whether we can refuse to give that record saying the record is very old and is destroyed .The said member has applied for those documents under rti act to asst registrar. What is answer? 

To be rw 'Expert's answers !

Sept 19

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

Housing Societies in Mumbai opting hi-tech online community portals



Taking the lead

Maharashtra moves forward on housing regulation

< Maharashtra is all set to become the first to have a regulator for the housing sector. It has put up a draft of the Maharashtra Housing (Regulation and Development) Rules for public comment till October 10, after which its provisions are likely to come into force.
After much deliberation, the United Progressive Alliance government had introduced the Real Estate (Regulation and Development) Bill in Rajya Sabha last year. The view of the current National Democratic Alliance government on it is not very clear. But it seems unlikely that it will see the light of day anytime soon.>

A Mixed Foreboding !

BACK Home: Nothing encouraging or enthusing, much less be amused about.If at all, -LORD GANESHA says,- there are added strong signs / indications of fast moving backwards / down the slope , in reverse gear ! Reminding the plight of of a hapless frog in a deep well, endlessly but vainly trying to leap up, in the wishful thinking /fond hope, or sans it, of eying the world outside some day!

? > According to the rules, buyers of a stalled project can form a legal entity and assume control of the construction process.

Ostensibly, a convoluted thinking of its kind; not an iota / grain of consciousness of the law (s) on the statute book - ref. DOD, the whole detailed set of governing mandates , requiring to be matched with? 

 Unique IDs to track tax payments of houses

Quite obvious what the empowered authorities, though categorized as "public servants",  are all the time obsessed with, as always its' wont, is the TAX WORRY; nothing else as pertaining to the other related worries predominantly haunting the minds of the property holders, saddled with the Tax Worry ab extra.

Dozens of get-rich-quick schemes have sprung up across India. Read about how millions of unsuspecting investors fell prey to promises of high returns from plots of land, bogus finan

(Cross Refer- prev. blogs <> AND, without fail,

Latest Post >

< To Reply

Episode: Who (anyone or none at all??????) is wiser (IF NOT The  Wisest OF ALL) ?


<...aim at teaching kids life lessons while entertaining* them. .

    * 'enlightening ' ?

    <><> Blind man's buff or blind man's bluff is a children's game, a variant of tag. The traditional name of the game is "blind man's buff", wherein the word buff is used in its older sense of a small push. Wikipedia


     < Can Anyone Think of a better Game  Or More images ?

    If no clue / cue still, consider:

    Promoters of a corporate body, who intended to have a ‘company’ (requiring to be registered under the “Companies Act”), under an eminent  law expert’s advice, got it registered under say, the Partnership Act  OR Public Trusts Act. But, all the more perplexing,  soon after realizing, - on being laser-focused,  - the blatant folly,  first went to the registering authority, and thereafter, was obliged go to court (engaging same law expert, in Writ), seeking cancellation by the authority, of the ‘wrongly’ registered ‘partnership firm’ –(too many proverbial  “slips between the cup and the lip”; is it not ?!).

    To know why the (illustrative) story does not end there, recommended going through the cited two HC judgments. Do so, bearing in mind that there is a supposed-to-be-commonly- known legal concept, known as ‘non est’- in-law (i.e. ab initio void), as opposed to non- est factum  (Search  websites  for illumination).

    < Points (intriguing), in the order of relative seriouness, to sadly ponder: 

    A. The basic, but vital aspect of, maintainability  of  the 'writ' petition, it appears, has not been raised hence not gone into the by the Court.
    In one's perspective, having regard to the facts and circumstances of the case (s), albeit there is no specific mention,the prayer may have to be taken to be for issuance of  a  writ' in the form of 'mandamus'. If so, for enlightenment , the following will require to be advisedly studied and understood:

    Browse Google on the Topic of -  Writ Jurisdiction of Indian Courts
    Under the COI

    Selectively :
    All writs :
    Want to file a Writ Petition agains...

    (To Search / view,  - cut and paste)


    Common Law: How to File a Writ Petition or PIL Writ Petition

    Common Law: How to File a Writ Petition or PIL Writ Petition

    WRIT of ‘mandamus’

    A detailed Analysis In Tax Case of Vodafone -

    [2009] 176 Taxman 82 (MAG) -

    B. The faulted registration under KSRA has been presumably effected as applied for. As such, it is not clear why the authority alone could be blamed for the entire debacle. If not, what is the rationale in approaching court for relief or for the court to entertain ?

    Would it not have been but a pleasantly short story,or could have been diligently and intelligently cut short, ending at the stage of registering authority himself, had the mentioned legal concept of every relevance herein been made a conscious note of, with no frills ; and forcefully urged as normally expected !?

    For a simplistic cue, imagine an affluent villager, but literally illiterate, even after realizing to have, - despite all those functional (but non- / mal- functioning )‘checks and balances’ in place,-  boarded a ‘wrong flight’; further refused, when told by the co-flier,  then air hostess, to get off ;  instead , insisted upon no less than a judicial order/writ  for him to obey.

    Having thus far taken too many wrong turns at cross roads, - 

    Further, as the whole matter entails numerous issues , is THIS not one of national importance ( in that- not only the States but both  the Union and the States have a role to play but not having done so, lead to the presently faced complexity verging on complicity),  hence worthwhile moving the Apex Court , sooner than later; or before it is too late by which time the gravity of the situation and resultant hardships to the 'consumers' would have reached the peak / nadir ('astron' / in Arabic - 'nazir-as -samt' being opposite the zenith) .

    (Left open to EDIT)

    1. Lci

    Sept. 6

    • housing societies - by Amit
      Dear Experts,

      I have gone through the Maharashtra Apartments Ownership Act, 1970, but still i have some queries regarding the same. following are the same

      1) After the Declaration and the Apartment Deed executed is it require to form/registered the Association of Apartment Owners in the office of the Co-operative Society?
      2) After the Declaration and the Apartment Deed executed is it require to execute & Registered the Conveyance Deed or it is deemed that the land is already conveyed to the individual apartment owners in their proportionate share?
      3) if no conveyance is require then how can we transfer property cards in the names of Association of Apartment owners? sir please help me in this matter.
    EXP 1 > “Regular professional.academic  wurry from the author.” ?!
    EXP 2 > “academic query”                                                           ?!

    2.Mr. Malur Prem Kumar vs The Registrar Of Societies on 2 ...
    Karnataka High Court. Mr. Malur Prem Kumar vs The Registrar Of Societies on 2 September, 2009. Author: K.L.Manjunath. IN THE HIGH ...
    Karnataka High Court. Sri S Kesava Viswanathan vs The Registrar Of Societies on 14    September, 2012. Author: Mohan Shantanagoudar. 1.

     Ref. MSS e'mail recd. Sept. 5, '14

    An Added Dimension >


     Properties under Hindu Undivided Family (HUF)

    Quite a comprehensive write-up , fairly summing up almost all useful angles in relation to the legal concept of HUF and its property and other rights. Even so, in one's perspective, difficult questions are bound to arise/ be raised, for which no answer or solution  might be found available, in cases in which the property happens to be 'unit' of a building (Flat / Apartment), residential or commercial, which has increasingly come to be possessed or sold in a large scale.
    Without a suitable and well-thought out special central legislation and / or amendments of the extant laws (both of the Centre and the States),an answer or solution to all sorts of attendant problems are bound to remain in limbo, static- status quo.

    No comments:

    Post a Comment