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"Police verification is mandatory for every tenant. “Police verification indicates the tenant comes from a safe background. Police verify this from a criminal angle. Therefore, this will not only be good for the landlord, but also the tenant,” says Choudhary. Proof of the verification has to be provided to the housing society."
Heard of; more so ever acted upon ?
toi
| |||||||
"Police verification is mandatory for every tenant. “Police verification indicates the tenant comes from a safe background. Police verify this from a criminal angle. Therefore, this will not only be good for the landlord, but also the tenant,” says Choudhary. Proof of the verification has to be provided to the housing society."
Heard of; more so ever acted upon ?
toi
Oct 9
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AT
Oct 4
Flat owners pay extra 2% for registration: Chennai
<> Puzzling; not only the new levy, bout even the new scheme of things, if any, as envisaged !
Read CREDAI's version, which is primas facie misconceived ?
Confederation of Real Estate Developers’ Association of India (CREDAI) Tamil Nadu chapter president N Nandakumar said, “In terms of cost, there is an increase which customers have to bear. But there is a reward in the form of better title for their assets”. Till now, a registered deed used to be created for a new building only when resale of the property took place. A first buyer never used to get a title deed for his constructed immovable house in the state, unless the builder or the buyer insisted on registering the property after completion of the project. The only registered document one used to hold was the one for the UDS. - See more at: http://www.accommodationtimes.com/real-estate-news/flat-owners-pay-extra-2-for-registration-chennai/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+AccommodationTimes+%28Accommodation+Times%29&utm_content=Yahoo%21+Mail#sthash.7c9LLldz.dpuf
Confederation of Real Estate Developers’ Association of India (CREDAI) Tamil Nadu chapter president N Nandakumar said, “In terms of cost, there is an increase which customers have to bear. But there is a reward in the form of better title for their assets”. Till now, a registered deed used to be created for a new building only when resale of the property took place. A first buyer never used to get a title deed for his constructed immovable house in the state, unless the builder or the buyer insisted on registering the property after completion of the project. The only registered document one used to hold was the one for the UDS.
- See more at: http://www.accommodationtimes.com/real-estate-news/flat-owners-pay-extra-2-for-registration-chennai/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+AccommodationTimes+%28Accommodation+Times%29&utm_content=Yahoo%21+Mail#sthash.7c9LLldz.dpuf
- See more at: http://www.accommodationtimes.com/real-estate-news/flat-owners-pay-extra-2-for-registration-chennai/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+AccommodationTimes+%28Accommodation+Times%29&utm_content=Yahoo%21+Mail#sthash.7c9LLldz.dpuf
Confederation of Real Estate Developers’ Association of India (CREDAI) Tamil Nadu chapter president N Nandakumar said, “In terms of cost, there is an increase which customers have to bear. But there is a reward in the form of better title for their assets”. Till now, a registered deed used to be created for a new building only when resale of the property took place. A first buyer never used to get a title deed for his constructed immovable house in the state, unless the builder or the buyer insisted on registering the property after completion of the project. The only registered document one used to hold was the one for the UDS.
- See more at: http://www.accommodationtimes.com/real-estate-news/flat-owners-pay-extra-2-for-registration-chennai/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+AccommodationTimes+%28Accommodation+Times%29&utm_content=Yahoo%21+Mail#sthash.7c9LLldz.dpuf
- See more at: http://www.accommodationtimes.com/real-estate-news/flat-owners-pay-extra-2-for-registration-chennai/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+AccommodationTimes+%28Accommodation+Times%29&utm_content=Yahoo%21+Mail#sthash.7c9LLldz.dpuf
Confederation of Real Estate Developers’ Association of India (CREDAI) Tamil Nadu chapter president N Nandakumar said, “In terms of cost, there is an increase which customers have to bear. But there is a reward in the form of better title for their assets”. Till now, a registered deed used to be created for a new building only when resale of the property took place. A first buyer never used to get a title deed for his constructed immovable house in the state, unless the builder or the buyer insisted on registering the property after completion of the project. The only registered document one used to hold was the one for the UDS. - See more at: http://www.accommodationtimes.com/real-estate-news/flat-owners-pay-extra-2-for-registration-chennai/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+AccommodationTimes+%28Accommodation+Times%29&utm_content=Yahoo%21+Mail#sthash.7c9LLldz.dpuf
Will this festival seasons witness rise in property transactions?
Conference on International Real Estate Marketing & Legal Documentation efficacious achievement in Ahemdabad
Building terrace open to all residents: High Court
<previous
For Comments Updated refer>
Damodaran Committee Report: Impact on Impulsive Law Making
For sake of completing, but with a view to saving self from the hassle of freshly drafting for the purpose, it is recommended to look up the Blog @
The observation of the court on the grounds of which the point of issue is seen to have been decided against Hill Properties, the appellant, reads:
“Occupancy rights in flat conferred by Articles of Association confer ownership rights in flat. Restriction on transferability of flat in Articles of Association is void.”
While references have no doubt been made to the special law governing flats, being units of a ‘building’, the appellant , it is noted, has not argued, much less in detail, the legal implications of the special law; hence not gone into by the lower court, and also by the apex court. To one’s understanding, the clinching proposition of law enunciated / accepted in decided cases, also for tax purposes, is this: Even in cases where flats have been acquired following strictly the procedure laid down by the special law, the property rights, particularly ‘absolute ownership’ rights in the “land and building”, of which the flat forms a part, vests with the ‘company’ or ‘society’ as formed and registered as per the special law by the flat buyers jointly as a community.
For instance, the stated proposition, it is observed, has been reiterated, with no reservation, also in the SC case in deciding the issue of ‘saleability’ of parking spaces to individual flat buyers, against the builder/seller.
On the facts and circumstances as understood, in the Hill Properties case, it is not, it appears to be more than obvious, such a company as envisaged by the referred special law for flats.
If the foregoing and several other considerations were to be borne in mind, as of now, to say the least, it is anybody’s guess whether the view the court has taken in re. Hill Properties would come to be reviewed by the SC itself; that is, if and when the occasion next arises and the whole matter is called upon to be given a fresh look and examination having regard to the attendant legal principles.
Over to law pundits, for useful add-on / rejoinder, if any.
LCI
Sept 26
Queer !>
Conversion of an existing society to section 25 company - by Ganesh Verma
Taxmann
SG
On Hill Prop.
taxguru.in/corporate.../occupancy-flat-equal-ownership-sc.html
5 days ago - Most of the flat owners purchase the flat by availing of loan from various banking institutions by mortgaging their rights over the purchased flat.
Occupancy Right In Flat Is Equal To Ownership: Supreme Court
finance.groups.yahoo.com/group/ICAI_CIRC_MEERUT.../111684
7 days ago - Dear Subscriber,. The following important judgement is available for download at itatonline.org. Hill Properties Ltd vs. Union Bank (Supreme ...
xcerpts
<13. Reference may also be made to another judgment of this Court in DLF Qutub Enclave Complex Educational Charitable Trust Vs. State of Haryana, (2003) 5 SCC 622, wherein this Court held that the right of transfer of land indisputably is incidental to the right of ownership and such a right can be curtailed or taken away only by reason of a Statute. In our view, the Articles of Association of a Company have no force of a Statute and that the right of Respondent No.5 to mortgage could not have been restricted by the Articles of Association.>
BL
Sept 21
Bank bosses behind bad loans
< Corruption at the top
The ethics code is based on the principle that directors, and more so the CMD, owe a fiduciary duty to place the interest of all the stakeholders above their own and conduct transactions in a manner that does not create any conflict of interest situation.
Bank bosses behind bad loans
< Corruption at the top
< Corruption at the top
The ethics code is based on the principle that directors, and more so the CMD, owe a fiduciary duty to place the interest of all the stakeholders above their own and conduct transactions in a manner that does not create any conflict of interest situation.
But behind every stressed asset there is either the personal interest of a CMD, director or chartered accountant, or the involvement of joint interest. But they seldom get punished. Instead, the honest executive is made the sacrificial goat. Corporate lending decisions are invariably made by CMDs in their personal chambers and pushed through the system, overriding a genuine credit proposal secured through sincere efforts. ........>
< Loan defaults spark Rangarajan-Ranjit Sinha debate; CBI boss ...
Anyway related to the same topic as in Hill Properties !
<previous
-
Hill Properties Ltd , Mumbai vs Department Of Income Tax on 16 ...
indiankanoon.org/doc/197575308/
Jul 16, 2010 - IN THE INCOME TAX APPELLATE TRIBUNAL. 'H' BENCH, MUMBAI. BEFORE SHRI R.V.EASWAR, PRESIDENT AND SHRI T.R. SOOD, AM.
-
Hill Properties Ltd. vs Union Bank Of India & Ors. on 11 September ...
indiankanoon.org/doc/100761564/
Sep 11, 2013 - REPORTABLE. IN THE SUPREME COURT OF INDIA. CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO. 7939 OF 2013. (Arising out of ...
Hill Properties Ltd , Mumbai vs Department Of Income Tax on 16 ...
indiankanoon.org/doc/197575308/
Hill Properties Ltd. vs Union Bank Of India & Ors. on 11 September ...
indiankanoon.org/doc/100761564/
Hill Properties Ltd vs. Union Bank (Supreme Court) >>>>
Xecrpts
<On appeal by Hill Properties to the Supreme Court HELD The right, title & interest over a flat conveyed is a species of property, whether that right has accrued under the provisions of the Articles of Association of a Company or through the bye-laws of a Cooperative Society. Flat owners’ right to dispose of its flat is also well recognized, and one can sell, donate, leave by will or let out or hypothecate his right. By purchasing the flat, the purchaser, over and above his species of right over the flat, will also have undivided interest in the common areas and facilities, in the percentage as prescribed. Flat owners will also have the right to use the common areas and facilities in accordance with the purpose for which they are intended. It is too late in the day to contend that flat owners cannot sell, let, hypothecate or mortgage their flat for availing of loan without permission of the builder, Society or the Company. Neither the Companies Act nor any other statute make any provision prohibiting the transfer of species of interest to third parties or to avail of loan for the flat owners’ benefit. A legal bar on the saleability or transferability of such a species of interest will create chaos and confusion. The right or interest to occupy any such flat is a species of property and hence has a stamp of transferability. The Articles of Association of a Company have no force of a Statute and the right of the shareholder to mortgage could not have been restricted by the Articles of Association (Ramesh Himatlal Shah Vs. Harsukh Jadhavji Joshi (1975) 2 SCC 105 followed).>
ITAT Order in re. Shantikumar D Majithia vs. DCIT (ITAT ... - TaxGuru
Supra :
rder in re. Shantikumar D Majithia vs. DCIT (ITAT Mumbai)- A ...
’s case (supra), this Court
has clearly delineated the legal principle which is as
follows :-
“20. Multi-storeyed ownership flats on cooperative
basis in cities and big towns have come to stay
because of dire necessity and are in the process of
rapid expansion for manifold reasons. Some of
these are: ever growing needs of an urban
community necessitating its accommodation in
proximity to cities and towns, lack of availability of
land in urban areas, rise in price of building
material, restrictions under various rent
legislations, disincentive generated by tax laws
and other laws for embarking upon housing
construction on individual basis, security of
possession depending upon fulfilment of the
conditions of membership of a society which are
none too irksome. In absence of clear and
unambiguous legal provisions to the contrary, it
will not be in public interest nor in the interest of
commerce to impose a ban on saleability of these
flats by a tortuous process of reasoning. The
prohibition, if intended by the legislature, must be
in express terms. We have failed to find one.”
13. Reference may also be made to another judgment of
this Court in
DLF Qutub Enclave Complex Educational
http://www.itatonline.org
Page 11
11
Charitable Trust Vs. State of Haryana,
(2003) 5 SCC
622,
wherein this Court held that the right of transfer of land
indisputably is incidental to the right of ownership and such
a right can be curtailed or taken away only by reason of a
Statute. In our view, the Articles of Association of a
Company have no force of a Statute and that the right of
Respondent No.5 to mortgage could not have been
restricted by the Articles of Association.
14. We find that neither the Companies Act nor any other
statute make any provision prohibiting the transfer of
species of interest to third parties or to avail of loan for the
flat owners’ benefit. A legal bar on the saleability or
transferability of such a species of interest, in our view, will
create chaos and confusion. The right or interest to occupy
any such flat is a species of property and hence has a stamp
of transferability and consequently we find no error with the
warrant of attachment
itatonline
(comments)
<The grounds of the apex court ruling are noted to have been summed up in Para 14 , which reads:
Q
@ http://vswaminathan-swamilook.blogspot.in/2013/09/icl-today.html
And the contents of the in-side material
http://vswaminathan-swamilook.blogspot.in/2013/09/icl-today.html.
On the point of civil law in issue, the crux of the opinion the SC has handed down deciding it against Hill Properties, the appellant, reads:
“Occupancy rights in flat conferred by Articles of Association confer ownership rights in flat. Restriction on transferability of flat in Articles of Association is void.”
Going by one’s knowledge of the settled position in property law, the conventionally accepted concepts of “occupancy rights” and “ownership rights” do not connote or have the same or identical implications or consequences. There is no gainsaying that, as such, regardless of the compulsions of whatsoever nature, there could conceivably no case for holding that those two types of property rights are not basically and fundamentally distinct.
No doubt, references have been made to, and inspiration sought to be drawn from, the special State enactments (and other rules), governing flats, being units of a ‘building’. However, so far as could be seen, the appellant , has not argued, much less in detail, the peculiar legal implications of the special law; hence, not gone into by the lower court, and also by the apex court.
To one’s understanding, the clinching proposition of law enunciated / accepted in decided cases, also for tax purposes, is this: Even if it is case where flats have been acquired following strictly the procedure laid down by the special law, the admitted position is that the property rights, particularly “absolute ownership’ rights” in the “land and building”, of which the flat forms a part, vest with the ‘company’ or ‘society’ as formed and registered as per the special law by the flat buyers jointly as a community;- not in the individuals in possession. Should that be so, and on that premise, it seems inconceivable that in a case where there is no such company (“association”) constituted by the occupants of flats in a building as per the special law, different considerations would come into play.
Digressing for a while, for instance, the above stated legal position, it is observed, has been reiterated, with no reservation, also in the SC case in deciding the issue of ‘saleability’ of parking spaces to individual flat buyers, against the builder/seller.
In the Hill Properties case, on its facts and circumstances as understood, it has, even otherwise, not been anybody’s stance that it is such a company as envisaged by the referred special law for flats.
If the foregoing and several other considerations were to be borne in mind, as of now, to say the least, it is anybody’s guess whether the view the court has taken in re. Hill Properties would come to be reviewed by the SC itself; that is, if and when the occasion next arises and the whole matter is called upon to be given a fresh look and examination having regard to the attendant legal principles.
Over to law pundits, fervently wishing for useful or helpful contribution, by way of add-on / rejoinder, if any. >
KEY NOTE (Car Parking Woes):
(comments)
<The grounds of the apex court ruling are noted to have been summed up in Para 14 , which reads:
Q
14. We find that neither the Companies Act nor any other statute make any provision prohibiting the transfer of species of interest to third parties or to avail of loan for the flat owners’ benefit. A legal bar on the saleability or transferability of such a species of interest, in our view, will create chaos and confusion. The right or interest to occupy any such flat is a species of property and hence has a stamp of transferability and consequently we find no error with the warrant of attachment.
UQ
On a quick reading and understanding, the legal implications of the State law specially governing “Flat” are not seen to have been argued, hence not been addressed and gone into. May be, courts could be expected do so, in the other cases, e.g. in the tax case of Shantikumar D Majithia vs. DCIT (ITAT Mumbai), in further proceedings, had it been pursued, and happens to be pending. For related info. and clues, it may be found worthwhile to look up the personal Blog,-UQ
@ http://vswaminathan-swamilook.blogspot.in/2013/09/icl-today.html
And the contents of the in-side material
< Is Inserted to serve as An Open Invitation To Law Experts/ Activists to Explore !
<<For an elaboration of the viewpoints, but as a shortcut to saving self from the hassle of freshly drafting for the purpose, it is recommended to look up the Blog @http://vswaminathan-swamilook.blogspot.in/2013/09/icl-today.html.
On the point of civil law in issue, the crux of the opinion the SC has handed down deciding it against Hill Properties, the appellant, reads:
“Occupancy rights in flat conferred by Articles of Association confer ownership rights in flat. Restriction on transferability of flat in Articles of Association is void.”
Going by one’s knowledge of the settled position in property law, the conventionally accepted concepts of “occupancy rights” and “ownership rights” do not connote or have the same or identical implications or consequences. There is no gainsaying that, as such, regardless of the compulsions of whatsoever nature, there could conceivably no case for holding that those two types of property rights are not basically and fundamentally distinct.
No doubt, references have been made to, and inspiration sought to be drawn from, the special State enactments (and other rules), governing flats, being units of a ‘building’. However, so far as could be seen, the appellant , has not argued, much less in detail, the peculiar legal implications of the special law; hence, not gone into by the lower court, and also by the apex court.
To one’s understanding, the clinching proposition of law enunciated / accepted in decided cases, also for tax purposes, is this: Even if it is case where flats have been acquired following strictly the procedure laid down by the special law, the admitted position is that the property rights, particularly “absolute ownership’ rights” in the “land and building”, of which the flat forms a part, vest with the ‘company’ or ‘society’ as formed and registered as per the special law by the flat buyers jointly as a community;- not in the individuals in possession. Should that be so, and on that premise, it seems inconceivable that in a case where there is no such company (“association”) constituted by the occupants of flats in a building as per the special law, different considerations would come into play.
Digressing for a while, for instance, the above stated legal position, it is observed, has been reiterated, with no reservation, also in the SC case in deciding the issue of ‘saleability’ of parking spaces to individual flat buyers, against the builder/seller.
In the Hill Properties case, on its facts and circumstances as understood, it has, even otherwise, not been anybody’s stance that it is such a company as envisaged by the referred special law for flats.
If the foregoing and several other considerations were to be borne in mind, as of now, to say the least, it is anybody’s guess whether the view the court has taken in re. Hill Properties would come to be reviewed by the SC itself; that is, if and when the occasion next arises and the whole matter is called upon to be given a fresh look and examination having regard to the attendant legal principles.
Over to law pundits, fervently wishing for useful or helpful contribution, by way of add-on / rejoinder, if any. >
Ball of controversy
Set Rolling ; still kept rolling, simply to gather more and more mug, with no
stopping of it ?
Not any way to apply
to an Apt. Complex, if duly constituted, formed and final
conveyance effected as per the law....
Lest, Problems in a longwinding‘Q’ galore?!
www.lawyersclubindia.com/.../CAR-PARKING...DISPUTE-34697.asp Cached
Post your
reply for CAR PARKING ALLOTMENT DISPUTE. Your are not
logged in . Please login to post replies Click here to login Not a member yet
?? Click ...
www.rtiindia.org
› … › Non RTI Issues
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... Car Parking Dispute ... A/903 has two car parking
space alloted to him & a subtenant from Flat no.
www.pistonheads.com/gassing/topic.asp?t=503297 Cached
Driveway/Parking
Dispute. Search My Stuff. What's ... There is a clause in our deeds
which states that we are not allowed to use the driveway for parking our
cars, ...
www.lawyersclubindia.com/forum/Dispute-on-Car-Parking... Cached
Your
right to parking your car in parking space. U / owner
challenge the resolution of society. ... Post your reply for Dispute on
Car Parking with Society.
Disputes over parking space are
quite common. Most of them do not end up in a fight. However, in a bizzare case
at Haikou City in Southern China, a man was murdered ...
answers.yahoo.com/question/index?qid=... Cached
Blog; Safety Tips; Get the app. Cars
... If it's her car parking space, ... i am in dispute
with my neighbour over car paRK spaces and would like to know ...
www.legal-path.com/category/consumer-3 Cached
Society
charging Car Parking Charges on basis of Cars is illegal –
The Disputes Settlement Trust has been approached by ... MOST RECENT BLOGS.
Car Parking Rules in ...
www.nfh.org.uk/resources/Articles/parking/index.php Cached
... help
reduce crime when parking. If you're having problems with a nuisance
neighbour around a parking dispute, ... A car sticker
would be the most important, ...
www.consumerprotectionbc.ca/.../980-parkingdisputes Cached
Parking Disputes Was this
information ... Disputing Your Parking Ticket. You returned to
your car to find a parking ticket on your ... If you want to dispute
a ...
sskb.com.au/.../car-parking-disputes-commissioners-order Cached
Car parking is quite ... time
for visitor car parking. Just last week, a dispute between
an owner ... two vehicles in the visitor car spaces were ...
· Parking - Lawyersclubindia
www.lawyersclubindia.com/experts/
Srinivasan Expert : ajay sethi. Posted On ... Querist
is noted to have taken a decision,seemingly 'firm' one, for his own reasons,
known only to him.
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