AT REALTY News

An Update .

Aug 3

Course on Assessment of Builders and Real Estate Developers

<previous

The sale of property to ease: Delhi govt.

BMC wants 79A clearance from Registrar before approving redevelopment

<previous

1. Online registration of properties introduced in West Delhi

2. Bad loans to soar new RBI loans

<Previous
TOI
Legal Eagle (Anup Shah)

Comment @

Concept of "common areas" - Is not the prevailing confusion ..

 vswami  2 June .

attributable to blissful ignorance;  feigned ignorance at that ?

In the May 31 Issue of TOI Supplement on property, there are two items of common interest, in the column by Anup Shah, a known law expert.
The expert’s answers to two of the readers’ queries should be of common concern to every apartment owner and /or a non-owner resident :
1. Rohini's query
2. 'A Reader's' query -(immediately following one)
These pertain to areas, more often than not, giving rise to disagreement, problems, altercations, also to disputes leading to litigation,  among the owners and other residents in an apartment complex. Hence, in one’s strong view, any solution inuring for the 'common' good has to be necessarily found not outside of but within the frame work of - that is, by keeping in full focus and in the light of, -the governing law.
Own observations (in brief, in that order):
1. It is honestly believed that, - rather it may be the conviction of anyone having a clear and close understanding of the law, particularly of the concept of 'common areas' as embodied therein, - any bye-law licensing anyone of the owners or residents in an apartment building to make personal use (as opposed to common use) of any such area as the exteriors of the building , -which , as per the law, is part and parcel of the common areas, hence required to be 'maintained' by the joint body (association) of co-owners- should be considered to have no leg to stand on; if so, would be non-est, rather a non- starter, any such license , if given, being prima facie repugnant to the law.
2. The given apartment(s), not having been made clear by the querist, may require to be presumed (which the expert also seems to imply in his answer) to be one of those very rarely come-across buildings in Bangalore. Reference is to the ones which have strictly followed the special law on apartments. That is, -not only the Act but also all related rules and regulations, of a material nature; further, both by the promoter-entity and its purchasers.
If so done, one can see no sound reason or logic why or how "non-members" (i.e. other than the apartments' owners) can rightly  claim to be not bound by, - or will have a valid defence to refuse to abide by, a decision of the owners, taken unanimously, or by a majority.
In any view, at least in principle that must be so; without going into the merits or otherwise of the kind of 'charge' in question and decided upon. It is, in this context, that compliance with the legal requirement of Form B assumes significance and importance.
Contrary to the impression given in certain quarters, such of the provisions of law in force as relate to “common areas” cannot be considered to suffer from any lacuna; much less of a material nature, as to enable anyone to use it as a valid defence for encroaching upon , by making personal use, of any part of the “common areas” within the meaning of the law.
KEY Note : Earlier Post herein, excusively on the topic of "common areas", may be found to provide the necessary backdrop.

• edit

ICL Modern day necessities to read into /in between, ...

Update:

UNRELATED or RELATABLES ?!

1.

Walmart hit with $110M fine for dumping pesticides down sewer ... 6 hours ago... of Justice's Environmental Crimes unit said Walmart has been slapped with $110 million in pollution fines — the second largest criminal environmental fee ... The Arkansas-based company will have to pay $81.6 million to ...

2.What in the World

In a world that is increasingly complex, we need to seek greater awareness of the blending of cultures and America's changing role in a global community.

3. Michael Winship: Good Consumers, Bad Citizens
http://www.commondreams.org/view/2013/05/30

• EDITORIAL: Taking away the Fifth

• EDITORIAL: Rotten to the core

Cross-refer >  http://praja.in/en/blog/m...

< ALSO PREVIOUS BLOGs>

<previous
http://vswaminathan-swamilook.blogspot.in/2013/05/icl-modern-day-necessities-to-read-into.html

AT NEWS (not unrelated)>

Bangalore seeing NRI investors in real estate

29 May 2013

FSI norm for high-rise in Andhra Pradesh

Time to upgrade home loan terms

& RTI not applicable to Co-operative Housing Societies*

Excerpts>
< Nation wide protest for not to include Co-operative Societies is gearing momentum. Where the societies are not in favour of RTI since they feel that members can have information under respective state Acts and if RTI applicable, hOnorary posts will not be occupied and there will BE severe crisis as to management of the societies.>

< "they feel..."-

> An unwarranted controveresy, a miscnceived fear -based- apprehension; albeit either option potent with far-reaching rections/lopsided views likely to surface.
>> Other recent deveopments like, -doing away with requirement of 'fidelity bonds' for office bearers (MC?), other seemingly- innocuous -but -not -so norms, newly introduced through  the 97 th Amendment of the Indian Constitution could only be expcted to lead to further muddling-up the already muddled  /swaeepingly messed-up scenario in the realm of management of the affairs of  housing complexes (be it comprising apartments or flats).

<> Though the real but hidden tragedy, entailing over-reaching vulnerable or vital facets, are seemingly overlooked. For, the fact of life  / reality, though remaining shadowed, is  that the State Acts spoken of are mostly on paper, but not sincerely enforced or followed both by the government and its authorities, equally so by the supposedly vested interests, being the purchasers of apartments or flats, as the case may be..
<><>  But the real tragedy / over-reaching vulnerable or vital facet, seemingly overlooked,  lies in the fact that the State Acts spoken of are mostly on paper, but not sincerely implemented or enforced by the government and its empowered authorities, or not followed as expected of the supposedly vested interests, being the purchasers of apartments or flats, as the case may be. To be more exact, rather honest, the default /systemic failure is to be owned by those who have, driven by some extraneous reasons, or ulterior  motive,  or quiuxotic mindset of their own, volunteer to be part of the MC, without even knowing what are expected of them by the law or byelaws.

Add-on>

http://www.business-standard.com/article/economy-policy/maharashtra-co-op-societies-act-amended-102041201055_1.html

>XTRACT 

Residents of co-operative housing societies, who normally are reluctant to take up the honorary responsibility of looking after the affairs of the society, are expected not to join managing committees. 

According to the new rules, every elected member of the managing committee of a society shall execute a bond on a stamp paper, as provided under the Bombay Stamp Act, 1958, within 15 days of his assuming office. The chief executive officer/secretary of the society shall receive such bonds and keep them in the records of the society and accordingly inform the Registrar of Societies within 15 days from the formation of the committee. Further, under the rules, a provisional list of voters should be prepared by every notified society in the year in which the election of the society is due to be held. Persons who have completed a minimum two years as members from the date of their enrolment should be included in the provisional list.

Related (RTI) Story >

RTI & Income Tax Act, vis-à-vis a case law decided by SC

Xcerpts>
<

A. Relevant provisions of the Right to Information Act, 2005
1)      Preamble
The preamble to the RTI Act describes the intent of the Legislature to enact the RTI Act. The opening para of the preamble states as follows:“An act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority͙”
2)      Definition as contained in Section 2 of the Act

a. Sub-section (f) defines ‘information’ as: “means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force”.

b. Sub-section (j) defines ‘right to information’ as

i. “the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-

ii. inspection of work, documents, records;

iii. taking notes, extracts or certified copies of documents or records;

iv. taking certified samples of material;

v. obtaining information in the thrm of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

c. Sub-section (n) defines ‘third party’ as “a person other than the citizen making a request for information and includes public authority”

ICl

Agreements to Agree

<> Sporadic Reaction (jottings):

This instantly brings to one's mind a (contract) agreement, dubbed so but incomplete, in many respects. Such type  can be said to be very commonly-come-across these days. Reference is those virtually one-sided agreements. In that, the terms and conditions, as drafted and incorporated, are heavily leaning to the side of the principal party being the, first named. For a glaring  but often  noted instance in real life, focus may be made to an “agreement to sell" executed by  by a promoter in respect of sale of an 'apartment' (i.e. unit of a building – seen mushrooming in every place - village or town or city). No doubt, there are certain crucial clauses of stipulation e.g. known as ”‘Indemnity Clause” which are necessarily required to be included. For, without those clauses, any agreement of the referred type, even on the first blush, might have to be compulsively inferred to have been  deliberately drafted , in a shamefully crafty manner, only with a view to defeating the purposes/interests of the second party. The most painfully irritating  part of it all is the fact that , if and when confronted, the first named party invariably tries and seeks shelter by saying that the document has been drafted by his project consultant and /or law adviser, rolled into one,

Indisputably, no first named principal party, much less his  professional law adviser, if qualified or duly equipped, can rightfully and lawfully claim, or defend self by making an averment to the effect that, any such agreement has to be considered as a ‘contract agreement’, within the framework of the law, That is, as one truly effective and purposeful, in law;  More so, if due regard be had to, and is kept in full view, the governing law (INCLUDING ALL RELATED STATUTORYRULES AND REGULATIONS as are in force);  such as the special enactment governing apartments, in force , in most of the states,  If were to be accepted, is, for obvious reasons, bound to  have the disastrous result of defeating the  rights and  interests vested by law in the other party ,being the second named; in the referred case, purchaser of the apartment.

(May be contd.)

@ Contract Agreement | swamilook
     wprt ICL > Indemnity clauses and criminal proceedings

 @ http://vswaminathan-swamilook.blogspot.in/2013/01/food-poisoning-henous-of-all-crimes-of.html   CCI MODEL for Realty Agreements

TOI Juggle Bandhi ; BL Editorial On Constitutional Law related Topic !

TOI

To lead change you need a new mind - Speakingtree.in

 

Call it quits by Juggle-Bandhi : Jug Suraiya's blog-The Times Of India

 

News for corruption will not be an issue in the delhi ...

1. Waiting for BJP to raise issues ahead of polls: Sheila Dikshit

 <> English language has not been so kind to madam as to be clear on what she intended to convey. That is, ‘issue’, just as most other words, has varying meanings-  besides, 'an important topic or problem', also means - "formal or Law children of one's own"! Got it or NNNO?

  click here

<Side Dish>

<> sg BUSINESS V non- ; BL LPG ; AT Realty news ; ADVOCATE v ...

<><> LAWYER V CLIENT | swamilook

....News for change the laws anti fixing legislation toi today

IBNLive (blog)

1. 
   
   Anti-fixing legislation and legalised betting are imperative to fixcorruption in sports

 Contra >

The Kapil Sibal connection - Yahoo! Cricket India

BL

EDITORIAL

Imperious ways

A consultative approach to appointments vested with constitutional sanctity will have a positive bearing on governance. »      1 comment

SHOAK UPADHYAY

UPA’s corrupt, but so are we

A minister sells spectrum, the wealthy hijack waterways for townships. Corruption has been socialised. »

May 28, 2013

Inveterate gamblers

Match-fixing is not uncommon in European football. »

Euro States' Exercise - withwhat outcome or achievement ? With a cavenrous and yawning gap, fight to the finish , with no finishing line to be sighted, can only be expected to go on and on,to infinity /eternity!

<>  "European States have taken it upon themselves to lead a co-ordinated and coherent fight against match-fixing."

This does not go well or match with the rest of the write-up ; Right ? Left untouched is, - what is the outcome or achievement of Euro States. If not known, then the only inference could be a hapless realization or shameful admission of the cavernous and yawning gap, nay vacuum, between the shadow of the fighting spiriteds and the untouchable gay reality all around ! To be precise, the fight to the finish will go on to eternity; only there being no sign of the finishing light to be spotted !

TOPICS

Columns | Euroscape | crime, law and justice | economic offence | sport |

Public Sector Banks -audit of; Norms / Criteria for panel !

SG
29th May

Guidelines for Appointment of Statutory Auditors in Public Sector Banks wef Financial Year 2013-14

to study  and comment!

'Affidavit'- It's Significance As A Legal Evidentiary Document ?

Update

BL

Power of attorney to be mandatorily registered

XCerpts

< ...said that compulsory registration will bring property transactions executed through POA into the ambit of the registering authorities. This will reduce the disputes related to such transactions. It will also ensure full realisation of stamp duty to States and Union Territories. Property dealing through POA is rampant in many States, giving rise to disputes.

Deals through POAs are done on the basis of notarised documents. This is considered sufficient to authorise an individual or a firm to use the immovable property, but neither can become an owner in the true sense. This is done to avoid stamp duty since registration of the sale deed involves payment of stamp duty according to the circle rates.

Another amendment being considered is to empower sub-registrars, the zonal level registration authority, to refuse transfer of properties in certain cases. >

<> Better LATE (by a few decades) Than Never Ever (to eternity) !
Even so, as one readily visualizes, the mandated registration by itself , especially in the modern day scenario /environments, widely plagued with corrupt mindsets and practices, might not have the intended consequences or fully sub-serve the objective behind.
Other areas requiring to be adequately covered and protected against , in brief, are:

False related documents, besides POAs, Affidavits (verging on perjury);

Mandating  prompt registration also of revocation of all such registered documents, if and when revoked;

Registry  accepting all such documents only through personal presence of the executant and other concerned parties and admission after being sworn in ; and

last but not least, with penal and other deterrent consequences to be visited in cases of falsification, perjury, cheating, so on.

Sooner  the government realizes why any such legislation or any other measures of the kind ought to be ensured to be as foolproof  as humanly possible, better for the nation.

Kunal Surana vs. ITO (ITAT Mumbai)

May 28th, 2013

(166.9 KiB, 152 DLs)

Requirements of a valid affidavit in support of delay condonation application set out

Modern, as opposed to Olden, Day perspective, of the 'solemnity' attached to the document of- AFFIDAVIT,  as not commonly unknown, is nothing but highly obnoxious and deplorable.

taxmann

Expenditure disallowed for default in withholding tax would qualify for sec. 80-IB deductions
ITO V. KEVAL CONSTRUCTION [2013] 33 taxmann.com 277 (Gujarat)	Disallowance for non-deduction of TDS liability would increase profit of assessee from business of developing housing projects and ultimate profit would qualify for deduction under section 80-IB

AT News : A Welcome Move - not early but overdue by any logic, reasononing or sane thinking !

27th May

Deadline of 5 years is set for private builders to allot possession: DDA

<> The move by DDA is most likely to be unanimously endorsed , and full- throatily voted for , as a right step in the only right and  righteous direction.  Should be so  in the perspective of any one, well-informed or otherwise. Not to speak of the class holding on to ‘unthinking’ as a virtue, and not to be easily aroused; of course, unless and until brought to head-on with a crisis situation. Those have chosen to be ILL-informed or NIL-informed, out of own freewill, or abject ignorance or negligence or some such ilks,

Though certainly late, what is heartening is that it has come to be realised and mooted at least now, by DDA,  instead of never ever, as hitherto.

It is left to the government, it being its prerogative, and its empowered authorities, to make all sincere efforts, also take ideally suited, forcefully effective and wholesome measures, to eventually make the dream come true. Nonetheless, for that to happen, the active , -nay, the proactive - role of the concerned  being  thus far adversely impacted 'people' itself is a must; importance of which would require to be measured, minimum with a tea cup,  not with a tea spoon.
what remains nagging one’s thought is, -should not DDA have covered more areas of equal or more concern, instead of mandating merely  the completion and hand -over of  possession within a time limit.

 The only consolation, if not regret, is that MAHA, that has always in the past in the past given the lead (proved itself the guiding star), could be anticipated to be sufficiently inspired by DDA and follow its steps. It is DDA which  has , lately, proved itself the trend-setter. MAHA., KAR, and other states, in framing its own policies, ought to be mindful of the pressing need for improving upon the common good; and hasten to move forward by  embarking on positive action of the kind required. For that purpose, the guidelines or clues, by whatever name called, provided by the central government in, -(a) the Regulatory Bill, despite long pending for enactment; and (b) the objective behind the 97 th amendment  of the nation's basic charter, which, in any view, cannot be prudently sidetracked or defaced as not in "public interest." in its profoundly far reaching sense

Key Note

It is reported, -  as to whether  the time limit of 5 years as provided in DDA's amended policy is justified or not, and if not what ideally it should be, have given rise to a controversy.  In arriving at a consensus and final decision, however, it might be appropriate to keep in focus also certain other related facets:

Ongoing practice of purchasers being required to keep paying the price in hefty instalments,  as dictated by the promoter, even while the project is in progress, or not;  with no way to  know for certainty, its prospect of actual completion or date; and
the inevitable consequence of, in case of any delay in completion,  the purchaser being confronted with unforeseen problems in successfully availing of the CG tax exemption (reference is to sections 54, 54 EC of the I T ACT), with no hassle whatsoever.

The amended policy of DDA  is said to  provide  that, -  if the builder does not follow the deadline his license will be cancelled and the allotted  land can be seized by the government. What then will happen to the buyers, and how any such seizure as envisaged could serve their purposes seem to be left open.

According to the experts, the period of five years is too much...by investing  entire life’s savings but not getting possession, suffer double loss. interest on home loan of an apartment, which is still under construction and pay the rent.  Three years time period is enough for the built-up.

As regards the failure of the Govt. to provide basic infrastructure facilities, on time, like roads, water, electricity, sewage, etc., builders blaming government, resulting in delays of "completion", so on, as common sense should dictate, that is something to be fully taken care by the government; failing which it should be made liable for all the unsavoury consequences, in monetary terms, or otherwise.
‘

In short, may be, the amended policy itself, in its present form and substance, requires to have a second but close look at, for identifying and adequately covering the foregoing and  all such other aspects , so as to make it more meaningful and purposeful for the 'consumers'.

Cross Refer (for related Blogs) >
 http://praja.in/en/blog/m...

  (Unedited)

 TOI

PF set to cover all pay, not jut basic

Why are political heavyweights so silent over Srinivasan? - The ...

'As a society, BCCI answerable to TN govt' - The Times of India

TOI today on "Parallel Economy" - Invite for Renaming Ceremony !

How cash drives a market without morals

Times of India ‎- 

It  does not sound right to call such nefarious activities, - continuing unabated and seriously responsible for steadily undermining the nation's economy, - a "PARALLEL” economy.  That would be an affront to that concept itself, as commonly understood ; instead, for a change, just for sake of it, if not for anything else, rename it a “UNDERGROUND”  economy – as a renowned visionary  of our times did even years ago.
 click here

TOI 26th May '13- front liners >>>

• V Raghunathan: How civilized are we?

REAL ESTATE

The real estate market of Mohamadwadi, Pune

• Budget housing finds demand in south of Bangalore
• Inflation holds the key to home loan interest rate movements
• Mhada's pre-monsoon survey identifies 16 cessed buildings

More from Real Estate »

Bangalore real estate news

‘Neo’ Bangalore used by developers to market their projects’

Bangalore has been developing fast in terms of real estate and this rapid growth has led to the city expanding along its fringes. …

More Stories
http://www.indianrealtynews.com/category/real-estate-india/bangalore/

2. Bangalore realty market more positive
3. click here.
4. <> ALL SOUND FINE; MAY ALSO MAKE FOR AN ENCOURAGING NEWS FOR, BESIDES THE REALTY PLAYERS, THOSE  WHO HAVE SURPLUS MONIES TO INVEST IN, FURTHER, IF INTERESTED AS AN 'INVESTOR'