Should a multi-storied apartment complex association register itself under Societies Act?

up
803 users have liked.
Governance

A reading of the Karnataka Apartment Ownership Act 1972 (KAOA, otherwise called Act no 17 of 1973 - click here) very clearly brings out the fact that that is what is relevant to multi-storied apartment complexes. And, that is what builders are generally following, as required of them as per the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 (otherwise called Act no 16 OF 1973 - click here).

However, there is no authority specified under KAOA to 'register' an association, though the 'Registrar of Co-operative Societies' has been named as the "Competent Authority", but with powers and responsibilities not clearly defined.

Because of this lacuna in the KAOA, there have been suggestions from lawyers to register multi-storeyed apartment complexes under the Karnataka Societies Registration Act, 1960 (KSRA, otherwise called Act 17 of 1960 - click here), where the powers of the Registrar have been fairly well-laid out, including of the appointment of an 'Administrator' if required.

A closer reading of the KSRA however clearly shows that it pertains generally to 'Literary, Scientific, Charitable and other organisations'. The relevant Cl 3 is fairly specific in these respects. Nowhere is there even a mention of 'apartment complexes'. Consequently, if still pursuing registration under this Act, the association will require to change its name to include words like 'welfare', etc, and also amend the 'aims & objects' in its by-laws to include pursuit of some of the activities listed under the clause.

Further, registering under this Act will also enjoin a lot of additional responsibilities on the Managing Committee, like filing of annual returns along-with certified copies of Income & Expenditure statement, Balance Sheet, as also payment of filing fees amounting to 0.2% of the 'transaction value' in the Income & Expenditure statement. Even as it is, it is generally difficult to find competent people to take up office (generally honorary positions) in such associations, and adding more burdens, is only helping deter them further. The new requirement of the Govt of Karnataka that all correspondence and documentation will in future have to be in Kannada, is not making things any easier.

But, the proponents of the suggestion go on to argue that it helps bring about greater discipline, therewith accountability, and therefore it is worth the effort. Whatever, as a very senior lawyer in the city (who also was the Charter President of the association in one of the earlist multi-storied housing complexes, where he resides even today) opined, "no administration can be more transparent than that by a democratically elected 'Managing Committee' functioning according to the guidelines prescribed by a vigilant General Body of members".

Comments

Deemed Conveyance- No true substitute for 'marketable title'. !

up
103 users have liked.

Conveyance in favour of Society

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 !

NB: Anyway, as willed by Providence, by default, this concept has not even been thought of as of now in Karnataka , where the law in force has remained to be accorded a close relook-at even in regard to certain other aspects, thanks to the recalcitrant attitude of the men in governance in succession over the lost decades, and its empowered auhorities perennially preoccupied otherwise,

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

"FSI"- Concept riddled with imponderables, irresolute any way !

up
118 users have liked.

F.S.I. under different schemes

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 around and tampered with by the vested interests to their own self-interest, and maximum pecuniary advantage, working 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, in a frightfully puritanical sense !!

NB: Look back if mind to to find a related comment on how RTI is being made a gross misuse of, but of no use to the ultimate victims of the villainy .

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Housing Societies : Logical Registration

up
131 users have liked.

Reading all the above red tapism and legal 

interpretation -the function of Co-Operative

HOUSING society are well defined and Apartments

even multistorey come under that Registration.

One cannot have Residential Apartments registered 

under the Societies Act - simply for the reason that

that Act is not for Co-Operative Housing Societies.

Its the difference between Residential Welfare Associations,

Charities,Trusts,Foundations etc..

As a lay man I cannot go to China on visa

given on a Driving Licence -it needs a Passport

The documentation and verification are similar in Both.

Hope that clarifies my Logic.

 

 

 

-nJ-

919462900144

www.nitinjhanwar.biz

PR Machine in action: Rajendra Gupta Resource Plan...

up
95 users have liked.

Sorry duplicate post.

PR Machine in action: Rajendra Gupta Resource Plan...

up
114 users have liked.

Being in the corporate world (private sector) has taught me that 'businesses' are far more corrupt and use a number of tactics to deflect criticism.

I've seen this before :-(

Call for ideas and discussions. Plant your supporters among the 'audience'. Many good ideas will be tossed about including some that are supportive of the 'business'. These 'ideas' will be promoted by a group of vocal trolls on various media platforms, completely brushing aside the actual ideas put forth by well meaning and sincere people. In fact media will publish these 'paid' news items and there will be a great deal of discussion on the various worthless ideas. Anab will then declare one of the ideas a 'winner' with his LOUD voice, settling the issue for EVERYONE.

There, democratic process! !

A new bogus scheme will be funded with great fanfare 'for the people', by the vested interests, for the vested interests

In line with the argumentative indian

 

** No idea who Mr Gupta is, there is hardly any information on who he is, his contribution to society or how he is qualified to lead this initiative **And on the "Argumentative" part, this is a good way to delay even the simple good governance implementation.

Do we really need a BIG DEBATE to improve things?

Sorry, we need to see through this nonsense. But then there are so many who are part of this so we need to bow down to their wishes.

More Food (but this time with more spices added) For Thoughts) >

up
110 users have liked.

- to be followed by sane and intelligent action, with God Speed :

AT News for the Day >

 Builders pay taxes till property is transferred to society
 

This makes for a really welcome development, in favor of the home buyers. Needs to be regarded as a high sounding wake-up -, -awakening call, AN ALERT, TO all those flats/apartments buyers as a community, spread across the length and breadth of every State.
 
Subject to/pending a study in detail of the court’s Order:
 
In one’s longstanding conviction, and as is being canvassed all along, the very sensible opinion handed down by the consumer court should go a long way in having settled, amicably, without having to go court, OR OTHERWISE, all out- standing lawful but left- unfulfilled -demands against promoter. 
 
Logically, but equally, it could be validly urged, the same opinion must hold good even to cases in which, -by force of circumstances,  left with no other option , the buyers’, as a body, whether duly constituted as a legal entity or not, have taken over from promoter, come to be known as ‘financial take-over’,-that is, simply the responsibility to attend to maintenance and other such works/affairs in relation to the building complex, pending the ‘final conveyance’ as mandated by the law. Also, should equally hold good, if not with greater force, to ‘apartments complex’ as well.

UQ

 

Disclaimer: Being Shared As Always: Solely For Info. of likeminded proactivists / participants ONLY

Well-meaning, - intended, feedback; with no political affiliations, or attendant , implied or otherwise, for provoking  even remote political motivation or influence impliedly or otherwise.  

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

TAX WORRY - for a change !

up
114 users have liked.
Buying more than one home? Fork out capital gains tax

 

budget 2014 roll over of investment for section 54 and 54f ...

 

 http://taxguru.in/income-tax/finance-2-act-2014-retrospective-amendments.html

Sourced:

http://vswaminathan-swamilook.blogspot.in/2014/07/why-to-tax-worry-or-why-not-to-new.html

 

Disclaimer: Being Shared As Always: Solely For Info. of likeminded proactivists / participants ONLY

Well-meaning, - intended, feedback; with no political affiliations, or attendant , implied or otherwise, for provoking  even remote political motivation or influence impliedly or otherwise.  

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

TAX WORRY - for a change ! ...contd.

up
107 users have liked.

No retrospective tax on debt mutual funds

Redemptions till July 10 exempted from higher capital gains tax; LS passes Finance Bill

 <><> Yes(ss); as said, it is undoubtedly disappointing. The hon’ble FM, as aided by his coterie, has seemingly met the grievance against the subject amendment only 'half-way' and half-kind-heartedly. No knowing whether the still aggrieved section of the investors would , as is not unexpected, decide to dispute and go into litigation challenging the vires of the balance of (residual) 'retroactivity'.

In this context, as viewed against and aired in certain taxpayers' circle, there are some other amendments e.g. of sections 54, 54F , 54 EC, etc., crying for a fair reconsideration and equally fair and righteous  remedial action. Those, however, do not seem to have been even taken a serious note of. Unless and until the Revenue comes to realize the fallacy and suitably well-thought-out  remedies, a fresh spate of similar disputes and long drawn litigation, as is foreseen, might be inevitable. That means, from the viewpoint of taxpayers, they are left with a 'trishanku'- like situation, as hitherto for decades.  in short, they are pushed back to the old 'order' (or 'disorder'), with no end to the misery of a fresh spate of life-long litigation. Only have to depend on invisible Providence to what really is in store in the foreseeable future, not beyond.
What all the more disappointing is the real life situation all around. That is,  despite all attempts to sincerely share own ideas which might turn out to be for the common good, as a great visionary said to the effect, it is the populace, literate or illiterate, being replete with 'unthinking people' , that frightfully hinders scope for any realization/recognition of a 'spade' on eying a 'spade'.

 

Disclaimer: Taken to have been already noted

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Hsg. Society AND Promoter

up
116 users have liked.

More Food (but this time with more spices added) For Thoughts) >

 Builders pay taxes till property is transferred to society

 

To recall (as underlined in some of the previous posts herein), the promoter's 'liability ' in its allbracing sense, in monetary terms, besides on moral grounds enforeceable under the commonm law, continues until such time he has discharged all his contractual and legally binding responsibilities in relation to an apartments complex , to the last detail.

This an aspect repeatedly sought to be driven home with a view to provoke useful thoughts, to the end of bringing about a significant improvement in the obtaining state of affairs.

For ready reference, considered worthwhile the trouble, hence kind attention to is once again invited to the related personal Blogs, of which links may be seen to have been provided over a period.

With a view to facilitatng quick and ready reference, some of those hyperlinks are reproduced hereunder:

<>1.FINAL CONVEYANCE OF PROPERTY IN A BUIDLING OF ...
vswaminathan-vswaminathan-swamilook.blogspot.com/.../ffinal-conveya...
<>2.Final Conveyance of Property in Apartment Building > When ...
 
<>3.swamilook: MOdern DAy Concepts - Blogger
 
<>4.swamilook: LCI 97th Amendment of the Indian Constitution ...

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Previous Contd.

up
114 users have liked.

1.     FINAL CONVEYANCE OF PROPERTY IN A BUIDLING OF ...

vswaminathan-vswaminathan-swamilook.blogspot.com/.../ffinal-conveya...

2.     Final Conveyance of Property in Apartment Building > When ...

3.     swamilook: MOdern DAy Concepts - Blogger

4.     swamilook: LCI 97th Amendment of the Indian Constitution ...

wrt 4. above, the following may make for a useful reading; it calls for an equal focus in relation to Karnataka as well :

 

97th amendment and Tamil Nadu

Comments as posted (pending moderation And display):
 July 28th, 2014 at 6:35 am

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 root 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.

July 28th, 2014 at 6:53 am      

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 feedbacks on yet another crucial and more fundamental facet, 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. 

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

EVENTS (latest)

up
105 users have liked.

AT News From MAHA >

Structural Audit of society buildings

Appointment of Administrator in Housing Society

Of course, purely for General Info., of KAR apt.complexes (its enlightened owners/residents) AS OF NOW; especially, in and around Bengaluru.

Still a long way / miles nay, KMs and KMs to GO; for, still the socalled, for long (decades) dreamt of 'baby steps' awaited to be taken to give the legal concept of 'apartment', at least a legitimate, if not 'legal' Form and Shape as warranted.

The one and only Consolation : THE WORLD IS NONETHELESS ON ITS MOVE along the preordained path, as willed by PROVIDENCE ! So also, the mushrooming of apartment complexes spread across the length and breadth of our locale !!

(For -we, the homo sapiens, not necessarily 'cash-rich' but undoubtedly being 'time poor' - knowing what the two terms - 'legal' and 'legitimate' conceptually refer to and substantially imply, any standard law lexicon/ dic., will, perhaps, help).

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

LEGALITY X LEGITIMACY

up
103 users have liked.

Ownership of life: If you don't belong to yourself, to whom ...

  Q

If you have legitimately acquired property — land, an apartment, a motor vehicle — you have the right of ownership of it. No one can stop you from disposing of it as you will.

But all these rights of ownership — including your hypothetical right to own a government which has been elected to office thanks to your ownership of your ballot — depend upon the most basic of all ownership rights: your right to own your own existence.

UQ

The concept of 'legality' is slowly (?) but steadily becoming conspicuous, by fading into insignificance / unimportance; in particular, in relation to 'ownership' rights in a property of the kind, - apartment. The author of the article in TOI is noted to have , presumably, stumbled upon the said reality of today.

For anyone intent upon own enlightenment , recommended to refer the old posts - for a clue, those touching upon the novel concepts gaining currency e.g. "deemed conveyance". The SC judgment in re. Podar Cement Ltd.  is one of the court cases on THE point; albeit that has settled basically a tax issue  but related to "FLAT" in Bombay,

SC Judgment

HERE

A CRITIQUE (analytical study) HERE >

LAW and ('vs'?) CASE LAW On “FLATS” – A ... - TaxGuru

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Why Not BBMP, in its cown interests, at least borrow and

up
117 users have liked.

follow such simple ideas and act on similar lines:

BMC issuing bills to simplify the property tax payment

Back Home, cetrtainly high time to make a beginning ; instead of remaining mute, thereby offending own faculty to 'think', to eternity. All such enthusing novel measures, serving as an affront to the 'unthinking', if and when, with no special efforts to be made, coming in the way, should be worth emulating.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Once Again >>>>

up
117 users have liked.

an added feather - MAHA's PRIDE (of place) X KAR's Envy (as ever !)

 

State government launches first e-registration of properties from builder’s office

Cross Refer: TOI today (pg. 10 *)- CEO , Na Mo ON- ('FEDERAL FACTOR')- "Lending an ear & a hand to states "- 'ear' , 'a hand' < should it read both 'ears' and 'both hands'; perhaps, more appropriately, both the 'EYES'

*Modi govt's 100 days: Lending an ear and a hand to states

NB: In all contexts, ideally for the Centre, for all purposes of 'governance', should keep itself reminded of the reality that ours is a Union Of States; and it is Union Goverment, not Central Government.

For more such rational line of thinking, so as to take useful guidance, by both the men in governance and the governed, not to feel shy, MUST READ-

CENTRE- STATE RELATIONS (14) pg. 247 ; and

States are not vassals of the Union (Centre-State Relatioins) pg. 248

(Source: WE, THE PEOPLE)

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

To be Brief BUTtt .. TO The Point : Aiming At Becoming Aware Of

up
115 users have liked.

...(ever eluding /evasive) AWARENESS

http://vswaminathan-swamilook.blogspot.in/2014/09/property-flat-apartment-law-x-law.html

Key Note : The 'Future' (as to what is in store) looks no less gloomy than hitherto; any one to agree ?!

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Contd.

up
125 users have liked.

Further Post attempted but blocked by "Mollum".

Suggest to look up > 

http://vswaminathan-swamilook.blogspot.in/2014/09/property-flat-apartment-law-x-law.html

SINCE UPDATED with further inputs.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

A Simple Suggestion !

up
130 users have liked.

The two HC judgments cited in the abovereferred Blog date back to Sept. 2009 and 2012, respectively. As such, most certainly, significant developments would have taken place since then. The factual scenario  would be worth an attempt to ascertain, For obvious reason, that should be of help in charting any suitable course of further action in multitude of cases in which there has been, out of sheer ignorance, failure to strictly follow the mandates / procedure as laid down in the KAOA of 1972.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Federation of Karnataka Apartment Owners Association-KAOA

up
90 users have liked.


Having struggled a lot for Registering under provisions of Karnataka Apartment Ownership Act 1972, we have faced many other obstacles after succeeding in KAO Act Registration.

1. Income Tax department, did not recognised the D O D which was registered as per the provisions of KAO Act 1972, and IT department kept insisting for Registration Certificate from R O C ( Registrar of Co-operative Society ) and allotment of PAN number was kept under abeyance since January 2014 ( After our KAOA registration in the month of December 2013 ). Thereafter we had continued seamless efforts in convincing the IT department and finally PAN was allted in JULY 2014.

2.Smilary I have come across many other instances and cases from other apartments wherein they face similar situation and also some instances of not able to open a BANK account as well.

3. All we are aware that there is LACUNAE in KAO Act 1972, which needs to be taken up for necessary amendments and corrections. For this we need to get united to make our strong representation and for this I feel we must endorse a New Body to take this common issue and why don't we form a Body of all Associations that are registered as per provisions of  KAO Act 1972 and through this body we can take up many isssues, including educating other Apartments and New Apartments to get themselves Registered under KAO ACT 1972.

Request for feedback and comments and we all can meet once, if we get some sizeable support for this initiative.

M S SHANKAR.

M S SHANKAR

MAHA AT IT - a fresh exercise

up
118 users have liked.

Inviting Attention To BS Report, -

Taking the lead

Maharashtra moves forward on housing regulation

(Blocked by Malcolm; So )

More in the BLOG http://vswaminathan-swamilook.blogspot.in/2014/09/property-flat-apartment-law-x-law.html

BACK Home: Nothing encouraging or enthusing; if at all, there are added strong signs / indications of fast moving backwards / down the slope , in reverse gear ! Reminding the plight of of a frog in a deep well endlessly, but vainly trying to leap up, in the wishful thinking / fond hope of eying the  world outside some day !

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

AT News (A Spew Of)

up
107 users have liked.

An Open Appeal to spare a few morning moments for GOOD Thoughts:

http://vswaminathan-swamilook.blogspot.in/2014/09/accountability-hither-or-thither-or.html

http://vswaminathan-swamilook.blogspot.in/2014/09/property-flat-apartment-law-x-law.html

< Housing Societies in Mumbai opting hi-tech online community portals

If so , and such Portals really have potential  benefits  for housing complexes,   why not worth a try by Bangaloreans as well !

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Language - why an impediment ?

up
125 users have liked.

Content (original) deleted, as has since  been rendered redundant.

May post afresh, to focus on the subject 'impediment' , in general !

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Legal System - Law v Case Law

up
113 users have liked.

Strong Right (= Righteous) Signals On the Need for Long Outstanding  "Course Correction(s)"

(Transmission : Supreme Court)

Require To Be /Remain tuned to Exactly The Same Wavelength For The Best Reception

(< Mind and Soul Alike):

> http://vswaminathan-swamilook.blogspot.in/2014/09/om-namo-narayana-contd.html

>> http://vswaminathan-swamilook.blogspot.in/2014/09/sc-on-national-tax-tribunal-imp-messages.html

Cross Refer:

Related Earlier Posts inviting attention to SC - besides other - Cases on tax cum property (Flats/Apartments) law connected Issues

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

LEGALITY X LEGITIMACY

up
113 users have liked.

Law , Lawyers (or CAs, other likes)  v Judiciary, so on

WHITHER THE CUSTOMERS / CONSUMERS stand ?

For related info. , may look the updated Blog -

http://vswaminathan-swamilook.blogspot.in/2014/09/sc-on-national-tax-tribunal-imp-messages.html

To further refresh anyone's own memory, on the importance/ utmost NEED FOR FEED BACKs, and aded FEEDBACKs thereon, may also look up the previous related Posts herein.

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

THE "Moment of Truth" pass ing - ed over , as ever in the PAST

up
122 users have liked.

Every passing moment in life has brought to bear on its sleeves, that the Moment of Truth has been coming and going but unnoticed.

in the words of stinging truth of a great humanist, -

< Man has been defined as a rational animal. But you cannot live in India without being constantly reminded that this definition was given to man by man himself in a characteristic moment of self-adulation. >

That is perennially so, may be found illustrated say, through the contents HERE (Sample):

http://vswaminathan-swamilook.blogspot.in/2014/10/sc-writ-ntt-act-2005-ultra-vires.html

And  inside HERE

http://vswaminathan-swamilook.blogspot.in/2014/09/property-flat-apartment-law-x-law.html

(Look up the latest AT News)

 

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Another Apex Court ruling, recently reported, on "apartments" >

up
108 users have liked.

Sorry! For self being  too late to realise, resulting in great disappointment, and in turn,  leading to extreme disillusionment,  that the end result of all the ongoing interaction, particularly talks about ‘walk (ing) the talk’ or ‘run(nig)  the talk’ might eventually turn out/prove futile, in its complete sense.

Why one should say so ! For an answer, not without substance, may look up, -if wish to attempt finding, - HERE:

http://vswaminathan-swamilook.blogspot.in/2014/10/reality-o-realty-contd.html

As a wise man, no less a humanitarian par excellence than 'Nani', very rightly said to the effect, -All around, no quarrel, there is,  in overwhelming abundance, ‘ignorance’ ; but does that necessarily mean, the repulsive common trait must be wantonly or unwittingly ‘en-throned’ (or -chaired )-  whatever be the context  any human being can possibly think of or even imagine .

As he said:

On Constitutional morality -

When laws offend constitutional limitations, they can be invalidated by the Courts.  But when they offend against the basic notions of justice and proceed upon a total disregard of constitutional morality, the explanation for our endless predicament is to be found in the basic fact that we are born of risen apes, not of fallen angels, or conflicts and crimes, our missiles and murders, should cause no surprise when we remember our predatory animal origin

Moreover-

  • All of us belong to the same species of creation, - homo sapiens- , we are at different stages of evolution. some are closer to a brute from whom our species is believed to have evolved, and some to the sacramental beings who will emerge after aeons of existence the miracle of man is not how far he has sunk ,  but how magnificently he has risen- a very bold, upright self critical of we, the humans

 

  • It is the aristocracy of calibre which must take to public life, however distasteful it may be, “the success of democracy depends upon an informed citizenry, not on the participation of every inmate in the asylum”

 

  • This is not those kind of events spoken of by the greatest men who have ever lived have believed that certain events in their lives were preordained and certain individuals had the rare gift of precognition.

 

NB: This is yet another sincere attempt to provoke and invite thoughts for the benefit of the society.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

"High Time" To Be Aroused !

up
121 users have liked.

To whomsoever it may concern

If still wondering or unsure that it is not but so, or remain unmoved, one more deafening provocatiion knocking loudly right at anyone's apartent complex gate, if not at the doors of the indvidual apartments, may care to look up HERE:

http://timesofindia.indiatimes.com/City/Bangalore/Apartment-dwellers-trash-BBMP-move/articleshow/44976217.cms

Also, if mind to, see the latest on the topic of Municipal Corporations (in general) @ "Localcircles"- for whatever help if faithfully looking and hoping for !

NOTE: A related quite exciting news HERE >

BBMP to attend to your complaint in 30 minutes - Bangalore ...

Anyone , if concerned, may be itching and curious to know, - even if not interested to think of taking it on- about anyone else's experience as how successfully or otherwise an attempted complaint has been fast attended to as proclaimed (Well ! Almost well over 5 long (?!) years ego).

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

"Completion Certifcate"

up
96 users have liked.

As is commonly known, the so called 'CC'  is regarded an important formality hence being insisted upon, rightly or wrongly, for varying purposes; that is, right through the process of acquistion, to the ulimate occupation, and peaceful enjoyment of not-so-independent / exclusive house prooerty, - 'apartment', But thanks to the supervening facts and circumstances invariably faced in real life, that has just remained as a 'paper tiger', simply as a source of perennial nuisance, nothing else.

Is there no conceivable solution at all ?

Better try and find out, if so minded, HERE:

Ref. posted comments on above ; for additiinal input, HERE :http://vswaminathan-swamilook.blogspot.in/2014/10/completion-occupancy-certificate-why.html

 

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

THE CREATOR's WILL vs 'will' of we, the homo-sapiens

up
118 users have liked.

To share (for the common good)


Sub: WILL ,NOMINATION, et al - 'Legal declaration of intention' against all ODDS- way of human life

Attention is drawn to the latest feedback material posted @citizenmatters


NOTE: Thanks once again to the invisible 'mallom' , the cause for being disabled to post the full comments herein.

            Full comments are being sent to a couple of close pro-activists on this 'project' mooted for the 'common good' !

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

For The Day

up
100 users have liked.

To Share:

The write-up HERE - Principles of Natural Justice in Taxation Proceedings (Taxguru) makes for a well – articulated/-reasoned piece and deserves a close reading. That  has rightly underscored and eminently reinforced the viewpoint that has been increasingly gaining popularity in learned circles.

In  the current scenario,- in which ineptly and incompetently drafted, and mostly one-sided with a fraudulent motive, ‘documentation’ is observed to be  the 'order' (or 'rule' ?) of the times, and largely in use, for long, in the realty sector, to the disadvantage and chagrin of the affected public,- there seems to be all the more reason or ratiionale to adopt and press forth the self-same viewing.

As pinpointed (refer the posted comment), in the pending central legislation, specially for regulating the realty sector, the proposal is to have disputes settled by tribunals to be set up there under , mainly following the principles of natural justice, as opposed to the rules book.

To add, in one;’s perspective, pending its enactment (no knowing how long one has to wait), even in the ongoing disputes before the Consumer courts and other forums, the message conveyed could be successfully made use of.

Key Note: The  grievance of " deficient documatation" is, not simply confined to the admittedly unregualted 'relaty; sector, but has become a common factor and is experienced/realised  to have percolated into, and taken strong roots in, other sectors as well - e.g. the banking induastry, supposed, or taken- for-granted, to be a regulated secor, under the control and supervision of the RBI.

(may be contd.)

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

For The Day

up
125 users have liked.

To Share:

The write-up HERE - Principles of Natural Justice in Taxation Proceedings (Taxguru) makes for a well – articulated/-reasoned piece and deserves a close reading. That  has rightly underscored and eminently reinforced the viewpoint that has been increasingly gaining popularity in learned circles.

In  the current scenario,- in which ineptly and incompetently drafted, and mostly one-sided with a fraudulent motive, ‘documentation’ is observed to be  the 'order' (or 'rule' ?) of the times, and largely in use, for long, in the realty sector, to the disadvantage and chagrin of the affected public,- there seems to be all the more reason or ratiionale to adopt and press forth the self-same viewing.

As pinpointed (refer the posted comment), in the pending central legislation, specially for regulating the realty sector, the proposal is to have disputes settled by tribunals to be set up there under , mainly following the principles of natural justice, as opposed to the rules book.

To add, in one;’s perspective, pending its enactment (no knowing how long one has to wait), even in the ongoing disputes before the Consumer courts and other forums, the message conveyed could be successfully made use of.

KEY NOTE: The  grievance of " deficient documatation" is, not simply confined to the admittedly unregualted 'relaty; sector, but has become a common factor and is experienced/realised  to have percolated into, and taken strong roots in, other sectors as well - e.g. the banking induastry, supposed, or taken- for-granted, to be a regulated secor, under the control and supervision of the RBI.

On topics - REALTY , BANKS NEWS contd.

@ http://vswaminathan-swamilook.blogspot.in/2014/12/realty-news-contd.html

To supplement,  look up  the previous Blogs on same toics.

(may be contd.)

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Update – A Prelude <

up
133 users have liked.

India not yet ready for GST

The brain behind the SIGN BOARD at "the cross roads "- perhaps the only one standing out from the rest -deserves to be commended for conceiving the symbolic caricature  quite appropriate to picture the obtaining pathetic scenario. That is not to say or give an untrue impression impudently that this is for the first time , in the lost decades post -independence, that India has been at cross roads, but left with no right and intelligent  clue as to which one to take, so as to keep moving  forward.

NO need to add, but for the heck of it: True not only wrt GST, but every other, not barring the endlessly ongoing talk to usher in,-

(A) a regulated regime in the exclusively notorious ‘realty’ sector in general ; and

(B) the decades-old concept of ‘housing societies’ still struggling to be given a desirable formal shape in particular.  

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

UPDATE contd.

up
111 users have liked.

YES ! ‘CROSS ROADS’ , wherever one goes, iS INEVITABLE ; but, not so inevitable is, given the WILL, coupled with nature given valuable faculty of, -common sense,  not unwittingly or otherwise, as ever, TAKING A WRONG TURN leading nowhere, let alone the intended destination !!

TO KNOW , - invited to look up-,-

For what has been lately happening even in the trend-setter- State, MAHARASHTRA, the bird’s eye view pictured @  http://vswaminathan-swamilook.blogspot.in/2014/12/indian-constitution-97th-amendment-contd.html

( and the preceding December BLOGS); AND

 On the flipside, what has NOT been happening in our home State, KARNATAKA, @

karnataka co-operative societies act, (amendment) 2013.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Co-op Housing Societies X "MUTUALITY"

up
107 users have liked.

A Feed- Both for MCs / Auditors

 

CIT vs. Darbhanga Mansion CHS Ltd (Bombay High Court)

http://itatonline.org/archives/wp-content/uploads/darbhanga_coop_society_mutuality.pdf

Transfer Fees recd by Co-op Hsg Soc from incoming & outgoing members (even in excess of limits) is exempt on the ground of mutuality

Yet another instance of vexing ‘battle of wits ‘staged in appeal forums/ courts, bringing to surface otherwise  avoidable in fructuous litigation. In the larger public interests, it is now left to the Law and Revenue Ministries, being duty bound,  to become alive to the resulting hardships flowing from such frivolous disputes being perpetuated. More so, in the light of / /taking useful guidance from the serious strictures lately passed by the Bench in HERE  

CIT vs. Kishan Ratilal Choksey (Income Tax Appeal No. 1001 of 2011 decided on 17 April, 2014

NOTEs:

1. The HC judgment /its ratio , as may be seen from the reactionary discussion covers and holds good, not only to  "Transfer Fees", but also to every other collection/ contribution received by the members' body.

2. Cross Refer :

http://vswaminathan-swamilook.blogspot.in/2014/12/all-on-tax-regime-professiinal.html  AND

other BLOGS on related topics, e.g. audit of ‘housing societies’ (including ‘owners’ associations’), and why "service tax", despite the applicable principle of 'mutality'

It is for the MCs to remain alert and ensure that such developments are duly taken care, in the normal course of management of the ‘common affairs’ entrusted with; so also, for the appointed Auditors, in the course of audit and certification, before presentation of the annual accounts.  

 

 

 

   

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

On "WILL" & CREDAI

Merry-go-round

up
112 users have liked.

Tag

·  Why is the link to "code of conduct" on the CREDAI site not ...

Tentatively observe (on a

Read on....

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

A Simple Suggestion !

up
111 users have liked.

To Admn. for kind consideration:

For the benefit / on behalf of those who have been participating in this project, instant communication of all posts, directly or indirectrly related to the objective,whenever done so and  in whichever Blog posted, so as to keep them updated, should help and serve the common purpose behind..

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

AN UPDATE

up
96 users have liked.

To help in channelling purposeful  thoughts:

Maharashtra has been, by and large, considered to have been a trend setter in the implementation and enforcement of the special laws governing construction and sale/conveyance of ‘Flats’, satisfactorily, in comparison. However, some of the recent developments, if viewed in a right or better perspective, lends credence to the grave doubts aired and genuine grievances openly given vent by the affected buyers’ community.  

One such matter requiring a conscious but anxious noting, in which the State government is believed to have taken a wrong turn while at the cross roads, is the newly framed Model Bye-laws of 2013, for CHS, and since announced to take effect forthwith.

For an update of, which way the wind has been blowing, a brief account of certain related aspects has been given in the personal Blog @ http://vswaminathan-swamilook.blogspot.in/2015/01/right-to-form-97th-amendment-of.html

< More may follow.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

High Time To Be Aroused - contd.

up
111 users have liked.

< Time and tide wait for NONE !

Transforming Municipal Corporations - Collective inputs from 210,000 Citizens to Government (Source: Localcircles)

130 Municipal Commissioners from 9 Northern states to discuss urban governance

(Report: Accommodationtimes)

Municipal Commissioners' workshop to discuss urban issues

(Report: Business Standard)

THE People, really concerned ones,  have been left wildly wondering, nay nonplussed, why only the ‘northern’ states chosen – (why the north-south-east-west divide); while the idea has been mooted by the UDM at the centre? Do not the MCs from the rest of the States as well, and more importantly and urgently, need such brainstorming should that eventually help! For instance, consider Maharashtra (west) and Karnataka (south) which stand out, as has been commonly criticized, for the flagrant negative role of the  MCs, for long. That goes to underline the need for a nationwide reform, as opposed to selective, in the realm of ‘local authorities’.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

An Old Cry ( with a modified decibel)

up
100 users have liked.

AT News

CCI warns Oberoi Realty, Purvankara and other players for unfair practices

As is widely known and complained of by the aggrieved buyers' community, most of the builders across the country do not care to comply with the fundamental requirements of the governing laws. For instance, the mandates invaraiably bypassed are,. - (a) to have a 'housing society' formed and registered within the prescribed time limit, strictly following the procedure laid down, (b) timely  and full completion, in all material respects, of the project (c) execute a 'proper' sale deed / deed of conveyance, on a timely basis,(d) adhere to the essential formalities of 'final conveyance' and handing over 'possession' of the property in the building complex to the CHS or OA ('owners' association'),  so on , so forth.

Knowing what the law unequivocally provides / mandates, in one’s longstanding conviction, the Registry, as an important and vital functionary in the whole process, is duty bound, responsible, and ensure that no agreement to sell, sale deed or conveyance deed, or any other related document, is accepted for registration, unless and until satisfied, at least prima facie, apart from payment of stamp duty due, the Vendor has fulfilled all his statutory obligation in relation to the Vendee. Besides, one may be lawfully justified in urging, and expecting,  that any default by Vendor with regard to any of the attendant principal legal requirements,  having an impact on the legal validity of the transaction itself, is tantamount to “unfair practice’”, as coming within the purview of oversight by the  CCI. As, otherwise, it is not only the legal rights of Vendee, but also the vested interests of others, such as mainly of the banking institutions lending to both parties (finance to realtor / home  loan to buyer) would be at great risk / imperilled.

Incidentally, attention may be invited to a recently highlighted development  and case law on the consequences of ROC’s  negligence in relation to company related affairs – Read Here >The Liability of the Registrar of Companies for Negligent Entries (icl blogs)

Extending the same logic, there seems to be no rhyme or reason why the property Registrar, in case of negligence, of a more serious kind (in that, it is the property righrs and interests of a large community of gullible buyers that are impaired and in stake) , in performance of his duties, should not be exposed to and meted out with like consequences. Any clarification in the matter to create an awareness, so also effective checks and balances, if plugged in , with no more procrastination, should go a long way in calling a halt to the ongoing irregularities for long.

Over to, besides to the empowered authorities in governance, the property law experts at large, in the expectation of a keen attention and action / eminent guidance for the common good of one and all concerned.

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

"Deemed Conveyance" < A fiction ?

up
104 users have liked.

For an update:

look up the personal Blogs on the topic @swamilook; and, in public domain - e.g.on Facebook and website of taxguru.in

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

A Fresh Dose TO Stimulate Thoughts /Action

up
121 users have liked.

To share a customer-centric article (courtesy- BL):

How to complain in a way that will be heard

Quite useful clues, and direction-specific; it is for an aggrieved customer to take a conscious note of and follow the best suited. One offered suggestion is "that in the most complicated cases, if customers are ignored on customer service channels, the best way to get the firm to act is to escalate matters to senior executives”. Going by personal experience, however, that may not really work (or ‘work wonders’ or in a short run ‘anyway) in all cases.

Unless the senior executive is the rarest one who is so honest and upright as to follow the righteous motto,- The Buck Stops Here  - as Harry S. Truman did, in those good old days

Consider case of an aggrieved bank customer having a serious complaint of an irregularity or illegality in certain ongoing practice for long, without even a whisper from impacted customers as a class, most of them remaining low-aroused or not to be easily aroused. In such a situation, the common tendency of every ‘senior executive’- for that matter, even the chief executive, mostly gifted with an insensitive and recalcitrant disposition towards customers ,is to prefer the gimmicks of passing the buck and keep dodging as long as possible. Left with no way to bring about a realisation by them that the proverbial ‘buck’ must stop somewhere, customer finds no option except to, if so decides, resort to a formal course, but long drawn process, of legal action.

    Open Invitation To Share:

Anyone from the lot with like experience,- not necessarily confined to but in any other regime e.g. realty sector/ its players of direct concern herein - alternate but better (least bothersome) course to suggest?

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

An Alert >

up
151 users have liked.

Is your (or your or...) apartment building secured by Property  Insurance Cover ?

Not to Bother ! But , anyway, Read , for whatever its worth :

Is your property insured for a Nepal-like earthquake?

Comment (reproduced):

If diligently scouted around, any place/location across the country, with special focus on multi-storeyed buildings, - ongoing in the name of vertical expansion, considered by and large , rightly or wrongly as inevitable,- one is sure to find that, it is rather an exception than a rule, that most such properties stand insured or fully insured.

Going by information personally elicited from a leading insurance company official, the wisdom of why insurance cover -for properties, despite being called 'immovable' properties, either during construction, or later after its completion,- is most essential / imperative, no less than individual's 'life cover', has remained unrealized /to percolate through.

In many states, e.g.in Karnataka, in the special enactment governing apartments, there is a clear provision for having such insurance cover. And under the scheme of the law, the elected or selected people (call it managing committee or any other), who are acting in a representative capacity for and on behalf of the apartment owners, are entrusted with the duty and responsibility to, as part of the overall 'maintenance', to have and keep alive an adequate insurance cover.

Further, having regard to the otherwise far reaching consequences, it is the duty of the appointed 'auditor' to make a proper inquiry, and have this aspect,- of course being one among the several others,- specially covered in his annual report to the body of the apartments owners (residential or commercial)in a building complex.

It is, however, anybody's guess as to how many of the mushrooming apartments’ buildings / or anyone or more of the owners are even aware or conscious of, the foregoing aspects, so as to be fully or even adequately taken care.

For that matter, so far as is known, even the lending institutions, not barring leading banks,- providing finance to the builders and the buyers, hence having vested interest / stakes,- do not seem to have ever seriously thought of, so as to safeguard and keep protected their own interests.

In short, by and large, the reality of life is rested on the ingrained human /commonly ruling belief, - ignorance is bliss.

KEY NOTE: If remember right, as personally opined on previous occasions (see old Posts), most  hassles and hurdles commonly faced in apartment complexes in Bengaluru could possibly have been avoided/obviated, or a tleast been consderably mitigated, had every other concerned, such as the advising professiinals (including the CAs auditing the accounts of the builders, and after take over, of the 'society' (RWAs) or  apartment owners' association) acted dutifully and diligently in discharging their official functions.

Though at the cost /pains of repetition, in the context herein, attention needs to be drawn to the viewpoints repeatedly shared on the potential significance and vital importance of the several mandatory formalities requiring compliance .As repeatedly urged, in cases commonly come across, in which the promoter /seller of apartments has left unfulfilled- even in those instances in which the purchasers are, in compelling circumstances, left with no other option, coerced / obligated to resort to what is known as 'financial take-over' - it is one such requirement, being the ultimate formability of 'FINAL CONVEYANCE’ remaining unfulfilled, that should be of  immense advantage and hoped to  bring succour to the aggrieved purchasers. For knowing more, refer the previous posts on this specific topic of most concern; so also the related (personal) Google blogs @'swamilook'.

For Ready Reference >

Final Conveyance of Property in Apartment Building > When ...

·  FINAL CONVEYANCE OF PROPERTY IN A BUIDLING OF ...

·  swamilook: "Deemed Conveyance"

·  swamilook: MOdern DAy Concepts

·  Understanding - Deemed Conveyance - Lawyersclubindia

Tail Note :

Open to Edit; and invite the concerned rest partaking in the discussion, to frankly share own experience and view points, so as to try and serve the intended purpose / avowed objective of own and the common good as well.

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Apropos previous Post

up
165 users have liked.

On the aspect of CAs’ crucial role in relation to audit of ‘housing societies’ :

Ref. [PDF]Audit of Co-Operative Societies - ICAI Knowledge Gateway

Going by common experience, and as often criticised, by and large, just an any other field of professional-, besides business-, activity, there has always been a cavernous gap between theory (rules book) and actual practice, One such field pertains to audit of housing societies e.g. in Maharashtra CHS , in Karnataka AOA.

The ICAI as the apex supervisory body , having  control over its members acting as appointed external auditors   of such HSs, do seem to have comprehensive and valuable guidance material to such  CAs. What calls for a special noting is the special course meant to give a useful training to them, with a view to equip them suitably and adequately so as to enable them to duly discharge their audit functions and responsibilities, diligently and in the matter as desired and ideally expected of them; more so, from the view point of investors/owners of ‘units’, being stake holders,  in a residential building (s) complex. On that premise , one personally feels that  the referred practical  course/certification, in order to serve the intended objective, may have to be made, if not already so done,  compulsory and necessary qualification / precondition  for CAs to be appointed as auditors of HSs.

Over to, besides others concerned, the ICAI for due consideration of the suggestion herein above; and if agreed, acceptance and implementation at the earliest, – sooner than later.

NOTE: A copy of this link is being forwarded as a feedback, in view of the usefulness, directly, also to the ICAI, HO .

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Updates >

up
158 users have liked.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

A 'PEP' talk

up
144 users have liked.

Afternoon Musings:

How to protect your assets from natural disasters - The Economic Times

You can’t stop natural calamities but you can minimise their impact on your finances by taking adequate...

Here is an informative write-up, for use if mind to !

Reaction (Facebook-ed) :

“You can’t stop natural calamities but you can minimise their impact on your finances by taking adequate insurance cover. Find out the best ways to protect your home and valuables.”

Is it not easier done than said? Of course, if listen to common sense, the nature given most valuable of all gifts, sane answer can only be , - YES !

To dilate a bit, with remorse:

In the aftermath of recent Nepal earthquake of devastating intensity, spelling disaster to lives and properties of a significant magnitude, the whole town, rather the country, is talking (though not walking the talk) about the need for ‘home insurance’, including high-rise buildings. The tragedy /sad commentary is, the high-rise buildings who should be the most concerned of all, in any city or elsewhere, are the least perturbed and worried; reason is basically sheer callousness, ignorance  and imbecility of the highest level.

The special law almost every state has in force mandates the obligation to have blanket insurance for a building complex. And the duty and responsibility, as a package of ‘maintenance’, is entrusted to the managing or governing body to stick to and abide by the mandate, no sooner the property gets conveyed to and becomes the property of the joint owners of the complex. Until that point in time, it is the promoter/seller who owes it, as a legally enforceable responsibility, to his/its customers, and keep protected fully under an insurance cover.  The said responsibility, thanks to the low aroused in majority, has been, and continues to be, allowed to remain simply on paper for ages. Reasons behind are illusions /misconceptions of sorts. For intimately knowing at least some, if care and will to enlighten self, use the all powerful mouse on your table top, to Google search the plethora of material on the very same and related topics, by click, using a couple of fingers.    

Tail piece:

“Earthquake: Israel advises nationals to leave Nepal”

» Read more

Poor Mrs Grundy, a native for decades, however, is simply aghast, more worried than annoyed; for, knows not, whereto?

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Clue ? Elusive to ...

up
139 users have liked.

Stuck/stay-put @cross roads - Reason is,- the mutually confusing ‘sign boards’; no clue as ever, which one to take to, for intended (?!) destination!

Dr Swamy replied to a volley of questions on a wide range of issues like* black money, hawala, taxation,...

*none mutually un -related (-connected)

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

"Class Action" - contd.

up
147 users have liked.

For in-house Activists/Participants

To draw Spl. Attention  TO>

India to get own version of class action lawsuits

Amendments to BIS Act to be tabled during next session

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Class Action -contd

up
144 users have liked.

One more HERE

Protect consumers: Class action law suits will step up efficiency of courts and reduce litigation costs - TOI Blogs

Again, no attempt made at throwing light to supply any clarity ; but only renders the already commonly prevailing confusion(s), worse confounded. Worthwhile to have a look at the original  'text' of the subject enactment (amendments) itself, in order to get to know on a first hand basis, should  the provisions as drafted / structured selves suffer from deficiencies / lacunae !

Mentiions repetitively , - 'law suits' - does that refer to regular proceedings before the Authority to be set up, just as  /parallel to civil courts; and not before or coresponding to the extant consumer courts  as imagined !

Is the lawyers' circle, by chance, better informed / equipped, to clarify ?

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Insurance of Apartment complexes in Bengaluru

up
149 users have liked.

An Update

This is follow-on of the previous posts on the subject matter.

Information since gathered from a so-believed reliable source is to the effect that Insurance company (ies) , when approached, refuse to provide insurance cover and issue a policy for an apartment complex . The reason said to be given is that unless and until the promoter/seller has affected the mandated  “Formal Conveyance” as per the KAOA (the special State law )- (what that really means and are its legal implications, refer the requirement as set out in detail in previous posts) the buyers, as a collective body of association of persons, do not have an  “insurable value”. .

Going by one’s limited knowledge , and understanding, of the scope/amplitude  of the concept of “insurable interest” , however, and as personally viewed,  such an excuse is prima facie misconceived and logically faulty; has no leg to stand on.

The field reality is , invariably, rather mostly, promoter/seller never cares , though lawfully obliged, to  take and maintain insurance  cover for the property , in the interim; that is, after the apartments have been sold; but the ‘final conveyance’, through handing over  of the title and other related property documents,  to  the Association, for no fault of it, is pending /deliberately delayed.

What needs to be noted is that, should the mentioned excuse be taken to be valid, wrongly so, but were ignorantly conceded/ yielded to, then most of the apartment complexes, including the RWAs, in Karnataka would be left with no insurance protection; thereby remain exposed to  great peril.

The intention in sharing above is with a view to eliciting information on what has been the common experience of the apartments’ complexes all around.

KEY NOTE:

On the concept of, - INsurable Interest in relation to a 'proerety' , if scouted around, one can readily find a host of material of positive guidance. HERE is one: http://legal-dictionary.thefreedictionary.com/insurable+interest

This is seen to amply support the viewpoint shared and stressed herein above; if so, a denial by insurer to underwrite the co-purchasers' - ASsociations' 'risk' in an apartment complex is, to say the least, highly offensive, irregular and illegal. 

NOTE:

As anyone is expected to be aware (refer posts before), largely prevailing  absence of or inadequacy of property  insurance  cover has provoked the most concern;  and  been openly given  went . Further that, the IRDAI,  as the empowered Regulatory authority has lately proposed certain measures to bring about the long desired but outstanding discipline in the insurance sector – See HERE : Insurers must correct pricing anomalies: IRDAI

(Left open/ Invited to EDIT/share)

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

"REGULAORY" for realty

up
119 users have liked.

Duty of a Crowdfund Campaigner towards Contributors

In the hope of inspiring more related thoughts, refer to comments:

“But consumers should be able to trust their money will actually be spent on the project they funded.”
Sporadic: Is this not nothing different from what has been happening all around, all the time; but thanks to the gullibility or imbecility or wanton ignorance , on the part of most of the customers, - not barring government departments- due to which the irregularity /illegality has come to stay as a part of the game, hence happens to be over sighted and not objected to any seriously? To readily think of an instance, in our own country, promoters of any building or other private or public projects , soon after signing a contract agreement, are, as agreed but unwittingly as a matter of routine, given a sumptuous / disproportionately large amounts , as ‘advance’. But, there is invariably no check or control, or monitoring, over the actual utilisation of the collections in advance by the contractor for the particular project for which the monies are advanced. This is an ongoing practice for decades in the notorious realty sector. It is only lately that in the specially designed regulatory enactment for realty sector , -mooted but with no known development or noticeable progress ,- that the mechanism of ‘escrow account’ is sought to be brought in. Of course, the success or otherwise thereof, if and when enacted, as is anybody’s guess, in turn is again going to wholly depend upon follow-on through vigilant and sincere monitoring.

KEY NOTE: Anyone to agree that the idea of ‘escrow account’, if were strictly complied / enforced , may help in indirectly leading to discouraging delays and early completion of building projects by promoters ?  As so viewed, this is an aspect which may be worth laying stress as one of the suggestions in the so-heard-of ongoing interaction / discussions with the concerned authorities!

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

AUDIT by CA of Annual Financial Statements ..contd

up
110 users have liked.

ON Audit of Housing Society / Association

Is it a sheer formality, with no transparency or consequence to.... whatsoever, to render it virtually a farce / purposeless; if so, why an audit at all is requred, whether for in-house puroses, or compliance with any binding rules in place; e.g. under the Co-opoerative Societies Act ?!

- For a couple of NS (-not so) FAQs - thanks to the imbecility/abject ignorance of its intended beneficiaries- not only shareholders of  a 'company'  , but of every other representative  common entity such as...:

Refer posted comments; any experience to share for the common good ?

A AuditorsAppointment 1 What are the critical aspects to be considered before accepting appointment as auditor Parameter Act Reference Content Education Sec 141
caclubindia.com
 
Key Note: Some of the recent developments go to infallibly indicate that even those very few believed to have been proactive and interested in bringng about some improvement, -  for the betterment of housing societies, both old and new, whether properly registered or not (RWAs) and in turn, have resolved at least the woes being most commonly and perennially confronted with by the concerned lot, from all quarters, including from men in control of in-house 'governance', -are seen to have slackened the needed conviction and seriousness, in taking on the problems of sorts mindfully and as effectively as expected.Now, what is in store for the future is , perhaps, entirely left to PROVIDENCE, so to say.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Regaulatory Bill Of 2013

up
114 users have liked.

For ready reference, in a new Blog , the Representations sent to the Housing Ministry way back in 2011 are reproduced @ http://vswaminathan-swamilook.blogspot.in/2015/06/regulatory-authority-for-realty-sector.html

This , in addition to/supplementing  the Posts made from time to time on this website , could be of use in the ongoing interaction wrt the revised Bill 2013.

New  developments as lately reported in the media are HERE :

New law will protect property buyers from fraud developers

Good news for property buyers! Cabinet nod for amendments

Posted comments on above, and shared over Facebook as well, cover cetain related points.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Regaulatory Bill Of 2013 contd.

up
105 users have liked.

This has reference to the mails lately exchanged in the Group, comprising inter alia a few participants on this Project, in the course of ongoing interaction with the Authorities in connection with the REB of 2013. One of the proposals incidentally being discussed is to resort to court action in a PIL.

If and when decided to go ahead with the proposed action, the following may serve as a useful input/prove a strong foothold:

Attention is invited to the critical viewpoints shared through a published Article, -

 

LAW vs Case Law on 'FLATS' (MOFA)

 

Another published Article, in the matter of a tax dispute but property law related, being of relevance herein is , Podar’s case, -

 

LAW and ('vs'?) CASE LAW On “FLATS” – A ... - TaxGuru

(JUDGMENT with marked portions requiring special focus can be downloaded- see bottom Note in the Article)

Reported Judgment in re, -

Commissioner Of Income-Tax ... vs Podar Cement Pvt. Ltd ...

  @ indiankanoon.org/doc/518414/

< Supreme Court of India ... Tax Reference Case 9-10 of 1986 PETITIONER: COMMISSIONER OF INCOME-TAX BOMBAY ETC. ... JUDGMENT 1997 Supp (1) SCR 394 The Judgment of the Court was delivered by K. VENKATASWAMI. J. In all ...

Synopsis:

Admitted fact is, - Podar , one of the parties, did not have  registered conveyance deeds  for Flats acquired from builder and in its possession. As observed by the court itself to the effect, no way to treat it to have legal “ownership” of the Flats. Further, as per the provisions of IT Act, amended only afterwards (i.e. in 1988), if were  to be strictly viewed, it could not be treated as a ‘deemed owner’  ; that is, for the purpose of  taxing  the rent income from Flats.

No doubt, the court, -obviously finding itself in a predicament  but  not to offend its judicial conscience, - nonetheless  settled  the dispute in Revenue’s favour; as otherwise assessed will escape from income-tax liability on the rent income actually received.

Looking with a different stroke , and reading in between lines, however, the SC  cannot be regarded to have had any doubt  on the well settled and long accepted proposition that , - legal ownership is a must for all other purposes; for instance, to ‘transfer’, or ‘inherit’.

On the stated proposition that there could be no legal ownership vaidly transferred on a first sale by builder or subsequent sale, the landmark SC  judgment in re.

has to be taken a special note of; for, that is a case in which the sale/coveyance deed was not properly excuted and due stamp duty paid as requiued by law., but, instead, sale/conveynce was found to have been effected , with a view to avoiding appropriate stamp duty, a dubious instrument named GPA. And, shockingly, that practice had been going on with no let up/ or control, for a few decades.

To be contd.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL

up
120 users have liked.

More thoughts (to share)

Not only from the angle of cost effectiveness, but also if viewed with a broader vision,  the proposed PIL  could be tried by initiation of action, in the form of a detailed letter of representation , addressed and sent to court, - preferably to the SC. To justify why so, it could be made a mention, not without force, that the subject matter is one of nation-wide importance. Attention will also require to be drawn to the earlier instances (e.g. the cases of Nahalchand and Podar (-refer preceding Posts herein); and pin point that  for reasons such as, but for inadequate representation in those proceedings, the opportunity for the apex court  to consider the issues in a wholesome manner, including the most essential implications of the Spl. Enactments of MAHA,  would not have happened to be missed but  been utilised.

To incite thoughts on those lines, attention may be drawn to the instance of a professional (a CA) who successfully got the Delhi HC connverting and treating his letter of Representation ((to the HC ) as a PIL suo motu, and succeeded in having authoritative directives issued to the Revenue in the matter of the then widely experienced TDS Woes of income-tax taxpayers.

The suggested course and /or other possible alternative courses open, would, of course, require to be, at the out set, discussed with a competent lawyer / law firm, for planning and charting the final course of action.

As is presently visualised by me, one of the aspects requring useful consideration as to who all should necessarily be ncluded as OPs in the further proceedings; for which purpose, it may have to be borne in mind that none of those who have had a role-positive or negative, to play in the proper and effective imlementation and enforcement of the Spl.States'  Enactments ought not to be but necessarily impleaded.

PS: Text of the above referred HC judgment in tax case has been sent by e'mail to three of the active participants in the ongoing disussion, with a brief personal suggestion for futher deiberation.

< May add more

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
98 users have liked.

Proposed PIL

Adds-on:

I.  Input (case law)Related Post :-

ITAT Order in re. Shantikumar D Majithia vs. DCIT (ITAT Mumbai)- A CRITIQUE

- See more at: http://taxguru.in/corporate-law/sc-judgment-hill-properties-case-form-prevailed-substance.html#sthash.tIz24Wom.dpuf

< Shantikumar D Majithia vs. DCIT (ITAT Mumbai) | itatonline.org

·  Dec 19, 2012 - Home › All Judgements › Shantikumar D Majithia vs. ... Contrast with G. Sreevidya (ITAT Chennai) that if there is a quid pro quo, .... Also, to re-examine /review the merits or otherwise of the viewpoints of the ... http://taxguru.in/corporate-law/sc-judgment-hill-properties-case-form-prevailed-substance.html.

Missing: art

·  SC Judgment in Hill Properties case – Substance ... - TaxGuru

·  Jan 16, 2014 - Related Post :- ITAT Order in re. Shantikumar D Majithia vs. DCIT (ITAT Mumbai)- A CRITIQUE. Read Full Test of the Judgment in the case of ...

II.  Reg. Who should be lined up / kept in the loop as OPs in PIL:

In a recent mail, a suggestion has been made that CREDAI (Centre/States) should, in addition to certain others, be included as a NECESSARY necessary OP, being the representative body of the most leading /popular  promoters . The merit or otherwise may have to be deliberated on; and for that purpose, the input in HERE

http://praja.in/en/blog/murali772/2012/10/02/why-link-code-conduct-credai-site-not-functional

requires to be not bypassed but given due weight.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
100 users have liked.

Close on the eve of the indicated Meet of the Group within days on the PIL, to share some thoughts/ make a suggestion:

I have been under the belief, take it to have been rightly so, that all the Posts, till date, on the Praja site , -

1. do get instantly and automatically communicated to / shared with all registered members/participants on the Project; and

 2 all the newly formed PIL Group members are also members so registered, so that they are direct recipients of the said communications; thereby motivate positive interaction to a fruitful end.

The present enquiry / anxiety behind is to remain self-assured that the inputs which have had been or continue to be posted over the period do receive the attention/ not miss the eyes of one and all in the Group; for, then alone, the  initiative could serve the intended purpose.

If so done, that should greatly help one and all i.e.  those who are going to be sincerely involved and partake in the Group deliberations in the matter of PIL,  in days to follow, to remain promptly updated on a first hand basis ; and make some really useful contribution towards  the ongoing mission for the common good. That should serve as a baby step in moving forward, with the desired speed; and create the 'awareness' as devoutly desired (the ultimate aim at/end in view is, - 'awakening', may be a rude one). In case, a beginning, if not already initiated /made, the forthcoming indicated  Meet may prove the best opportunity for making a move/open announcement.

Hope  the  above suggestion, as conveyed, is found to be clear enough; so that it is read and understood on the same wavelength, to receive due consideration and be acted upon, And done so, in the right spirit to accomplish the profoundly common good, without any influence of a possible convoluted or confused individual thinking  coming in the way.

KEY NOTE: For all practical purposes, with a view to ushering in a posive development and marked  improvement in the current scenario, as is commonly aimed at, the main focus must be to move forward; and NOT in the reverse direction. For that purpose, what should be essentially stressed , repeated, and reinforced forcefully, rather with greater force, without any qualms or reservation of any kind enternined by anyone individually, on the premise that the correct position in law as to the mandates/requirements for strict compliance  is THAT. and ONLY THAT as set out in a manner none can misunderstand , in the Article of an actively  participating member, written in a layman's simple language, given wide publicity in Citizenmatters' website, and elsewhere.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
90 users have liked.

Add-on

@Section 194 IA     And   Section 194 IA Supplement

- See more at: http://taxguru.in/income-...

In the above 2 links, find the text of two published Articles on the referred legislation. As set out , according to a critical analysis of the new enactment, Sec 194 IA, there are obvious lacunae calling for suitable material amendments. And, as per the viewpoints canvassed therein, otherwise, the enactment is so incomplete and ineffective,  as to be riddled with problems , besides in compliance, in being successfully implemented or rightly. enforced to the last detail.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

.<<<<<<<'AWARENESS '>>>>>> 'AWAKENING < whither ?!

up
103 users have liked.

As personally viewed , with a deep sense/ harsh feeling of anguish and remorse from the heart, albeit with a different stroke: The contents @ the following two links of a recent origin, do not but bear on the sleeves the current  worrisome scenario on related angles of the most concern;  and are seen to infallibly demonstrate as to  why at all strict enforcement on the one hand, and scrupulous compliance on the other , of the governing  law(s) ought to be urged and taken forward decisively and mindfully; with no more dragging on of feet/prolongation or postponement ,of the effective steps /action as warranted but still to be planned and given a final shape .

< FAQs on Sale of flat in Co.op.Hsg.Society in Maharashtra

<< Meetings and Minutes writting in CHS

If looked at on the flipside, there have so far been no marked signs of ‘awareness’ , evinced even remotely; not to speak of ‘awakening’,  so soon  anyway. Reason: Awareness is just the beginning, may be likened to 'opening' of a long 'pipe' or 'tunnel'.  But 'awakening' lies at the other 'end' -only at it's point of exit at which alone there is hope or possibility of seeing 'light'.

 

 

· 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
109 users have liked.

 

Of relevance for the Subject

IMPROMPTU
The author of this, though cryptic, interesting piece will, perhaps, have done a better job, rather provided more useful information, if the intent is to provoking the readers to give more serious thoughts , had the statistics been attempted to cover , instead of from 2007, at least from the initial year/point in time from which the idea of globalisation of our nation’s economy significantly crept in and has been gaining unprecedented momentum since then. Going by own thinking, having in mind particularly the most dreaded hence ever growing but detestable inconclusive litigation, with no let-up, in the realm of income taxation/tax regime, the year so identifiable is 1991, when the so called, - New Industrial Policy happened to be ushered in; if not earlier say, when the Industrial Policy Resolution of 1956 came to be adopted by the Indian Parliament .
for knowing intimately the causa causons, anyone , particularly if a law or tax expert, may have to look up the long line of published articles on the related topics / issues e.g. transfer pricing, form v substance, considered to account for the most court litigation. if interested in knowing about lawyers and judiciary, personally would recommend also the outstanding published speeches of and eminent articles by no less a legal luminary than Nani A Palkhivala .
By the way, if the field of activity and concern about attendant litigation were to be any other than tax regime, e.g. the ubiquitous Realty sector, then there is no dearth of knowledge likewise available in public domain.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
90 users have liked.

The policies of the Government referred to in the previous Post are, as may be noted, intimately connected to the business world, wprt the taxation regime.And the Posted Comment is intended, and expected, to provoke useful and predominantly ‘objective’ thinking, with the ultimate aim of ‘common good’; especially,  in the minds of those who care to be on/stick to the same wave length, so as to follow like line of thinking; and to look into this and other inputs shared all along in that light.

While the above has particular reference to ‘lawyers’, the one  below,  has reference to CAs, being another class of professionals >

Are Chartered Accountants Really Independent? ;

 who has , rightly or wrongly, in course of time, chosen to, - surely but stealthily, with no effective  external  check or control,  - extend  its  field of activity to property law related matters. In the context herein, what calls for common concern is the role they have come to increasingly play, in regard to the special states’  law  governing ‘units’ of ‘building property’ (Flats/Apartments).

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

As per the report , out of...

up
90 users have liked.
 
Update:
 
As per the report , out of the several measures claimed to being taken to promote housing construction, the most significant of all items listed is that which is to - pursuing REB to protect interest of consumers, while at the same time enhancing the credibility of RES. The REB as framed and structured , after a lapse of years delay, according to a critical view aired in expert circles , however, nowhere meets the common expectations of the concerned consumers’ community to...
See More
 
 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Latest (AT) News >

up
96 users have liked.

Condominium V/s Society

 

On the first blush, and quick perception, the change in the housing sector scenario as reported, reflects the paradigm shift from, and preference to, insterad of  buyig a 'Flat',  buying an 'Aprtment'. The narrated resoning behind is centred on the practical advantages in owning an Apartment, in comparison to Flat.

One can personally think of more than angle on the reported change creeping into in the mindset of buyers. For the moment, i wish to share only one aspect  of relevance, rather concern. That is, against the validity of apprehension or fear in some quarters that there is a lacuna, more so of a serious nature in that, the law on Apartments does not, same way as in the law on Flats, specifically provide for a 'formal registration' of the body of apartments purchasers. The thinking behind, as understood, - which ,in my firm view, basically suffers from faulty logic-  seems to be that , therefore, AOA as formed and constituted cannot claim to be a 'legal entity' , - unlike a CHS of Flats takers.

< May have more to share.     

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
85 users have liked.

A Feedback – well -meaning and -intended, for timely helpful lead >

In the context of the PIL under discussion, - recommend to One and All truly interested and sincerely concerned, to look through, also the latest, HERE-

Blog Link:

http://vswaminathan-swamilook.blogspot.in/2015/07/machine-vs-man-lawyer.html

Portion Reproduced (for ease of quick reading and purposeful application of mind) :

Q

INTRODUCTION

1. The Income-tax Act, 1961 (‘the Act’) embodying the law of income-tax is a comprehensive and complete code in itself. As such, anything done, or purported to be done, under the Act has to be necessarily in accordance with its general and/or special provisions. For ensuring that it is so, basically, one should have sufficient familiarity with the general scheme as well as the applicable special provisions of the Act; also, have a proper understanding and appreciation in the right perspective of the scheme and the provisions. As ruled by the Courts, the Act must be read as a whole; thereafter the same should be considered Chapter-by-Chapter, then section-by-section, and ultimately word-by-word. Further, the provisions should be so construed as to make a consistent enactment of the whole statute.

For a proper compliance, it is essential that the taxpayers should have knowledge, in the true sense of the term, of the law. It is all the more essential that the officers and authorities appointed/empowered under the Act should equip themselves with a thorough and intimate knowledge of/familiarity with the law, more so of the case law, so as to properly discharge their respective duties and responsibilities of implementation, enforcement, administration and adjudication. For evaluating as to how far the concerned authorities are really committed or disposed to live up to such expectations of them as aforesaid, a close review of the decided cases, eminently on such lines as attempted in the case study herein below, could be of help.

UQ

KEY  NOTE:  Narrated above, are what are of relevance and application not merely to the law on income- tax,  but  to every other law- not barring the State(s)  law on, -  Flats and Apartments.

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Apropos of previous Post

up
86 users have liked.

The  extract from the cited published Article is reproduced below, at the cost of repetiton though, for better clarity on the message as intended, and with emphasis by highlighting:

Q

INTRODUCTION

1. The Income-tax Act, 1961 (‘the Act’) embodying the law of income-tax is a comprehensive and complete code in itself. As such, anything done, or purported to be done, under the Act has to be necessarily in accordance with its general and/or special provisions. For ensuring that it is so, basically, one should have sufficient familiarity with the general scheme as well as the applicable special provisions of the Act; also, have a proper understanding and appreciation in the right perspective of the scheme and the provisions. As ruled by the Courts, the Act must be read as a whole; thereafter the same should be considered Chapter- by-Chapter, then section-by-section, and ultimately word-by-word. Further, the provisions should be so construed as to make a consistent enactment of the whole statute.

For a proper compliance, it is essential that the taxpayers should have knowledge, in the true sense of the term, of the law. It is all the more essential that the officers and authorities appointed/empowered under the Act should equip themselves with a thorough and intimate knowledge of/familiarity with the law, more so of the case law, so as to properly discharge their respective duties and responsibilities of implementation, enforcement, so as to facilitate smooth administration and object adjudication. For evaluating as to how far the concerned authorities are really committed or disposed to live up to such expectations of them as aforesaid, a close review of the decided cases, eminently on such lines as attempted in the case study herein below, could be of help...........

UQ

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Apropos of previous Post (s)

up
93 users have liked.

To reinforce (at the cost of painstaking repetition though):

SELECTIVE:

¨ Be receptive to feedback

¨ Granted you can get too much negative or contradictory feedback and become discouraged but feedback, properly evaluated, from a contributor can be invaluable in gaining perspective on where you’re going.

¨We need to measure ourselves with someone else’s  yardstick occasionally  if you’re getting the same feedback from several sources -either positive or negative –pay attention.

(Source:  Book titled PERSONAL EXCELLENCE)

> In public affairs, stupidity is more dangerous than knavery.

<>The expression “public affairs” most certainly, would take within its ambit all matters entailing “public interest” or “common good” in a profound sense

<> It is to be believed, even difficult that be, -these are quotes from the published articles and speeches of the renowned greatest legal luminary, a doyen of the Bar himself, – N A Palkhivala. He was one of those very few popularly known not just for his sharp wisdom but for his exemplary boldness to be self-critical to meet the truth face to face. Shared, though on a selective but random basis, in the fond hope on hopes of being rightly perceived, and attempted to be imbibed with a righteous perspective.

(Source: “WE, THE PEOPLE” and “We, the Nation”)

(As culled out from Feedback per previous Posts-  read INSIDE ): -Section 194 IA)

Key Note: Once again, earnestly appeal /  request to closely read the information / thoughts shared in previous Posts, so as to eventually serve the honestly intended/solely aimed at THE PURPOSE, being for the thus far eluding- "COMMON GOOD"  

(T o be contd.)

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Lately mooted - One More Novel Idea

up
98 users have liked.

Globalisation of Lawyers' Profession, with seemingly sole objective of 'economic' development /  'wealth building' ; de hors considerations of 'sociology'/societal welfare (<Common Good)

HERE (get set and go through)

Bar council okay with foreign lawyers’ entry - The Times of India

Bar Council of India (BCI) and Society of Indian Law Firms (SILF) have agreed “in principle” with the government’s proposal to gradually open up the legal sector to...

timesofindia.indiatimes.com

COMMENT:

OFFHAND (viewing from an altruistic angle, motivated by objective line of thoughts):
As would not have been unexpected, and as ever before, -
a) the media has hurriedly given publicity to the reported development , by projecting it amongst the public at large as a sensational topic;
b) anyone or more, as an individual or as a group, whose self-interests are likely to be impacted in some way or other, remotely or otherwise, have hastened to project own independent viewpoints, naturally against, and stoutly opposing the idea , to which the Bar Council of India has unhesitatingly given its ‘nod’; but subject to the only condition of , - ‘reciprocity; and
c) the rest, as common men, have by and large seized this opportunity, as any similar other, gone on to ‘rant’ - air individual views, mutually conflicting – ‘for’ or ‘against’.
Be that as it may, none, without offending individual faculty of ‘common sense’ the ‘nature’ has richly bestowed upon/ endowed,- whatever be the level / quality of ‘IQ’, ‘EQ’ , and the like, can deny that this is one of those areas vital to the core, which, in the very nature of things, require and demand the highest degree of prudence and caution, on the part of the empowered authorities in taking a final decision.
To be precise, in eventually taking a final decision, the men in governance – particularly, not exclusively, the ‘executive’ and the ‘judiciary’, besides the legislature - who are functioning after being sworn in and having taken solemn oath in the name of THE CONSTITUTION, the ultimate law of the nation, - for obvious reasons, acting in perfect co-ordination and co-operation, ought not to frightfully forget or foolishly gloss over the sole objective behind, but ensure that such decision cannot be faulted to be NOT for the ‘common good’. In other words, the decision so taken must aim at, and more importantly, effectively serve, not merely the ‘economic’ purpose, but the ideally profound ‘socio-economic’ purpose.
Now, over to one and all truly concerned, mainly those professing to play a role as part of the “Think Tank”, a figurative concept though.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

RTI - Use X Misuse X No Use

up
101 users have liked.

Own thoughts shared, as Feedback >

RTI - an ideally mooted concept, and made law. The objective is to enable anyone – ‘commoner’ or otherwise, to seek and procure information and make use of it for the purpose for which  procured. 

‘Information’, if rightly construed  is ‘Knowledge’ ; and , with modern technology (-IT) increasingly developed , and  reached to almost the level  of ‘explosion’,  if tried and exploited , especially for the profound ‘common good’,  most certainly  could be hoped to serve the altruistic intention , to te end of succeeding and achieving an objective result.

NOTE:  One thing that calls for intuitive introspection, for own good and incidentally for the common good as well,  is , - can that hope be anticipated to at all to  be fulfilled  if a right or near right decision is consciously taken; particularly,  when anyone finds  self  at ‘cross-roads’ .  Goes without adding, - the option is entirely left to individual or individuals if acting in a group.

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Tea Time Musings shared in a mood filled with..

up
82 users have liked.

On Facebook

Why 'motivation' never works ?

Read on Facebook >

Topic : Why does motivation not last more than 2-3 days? How can I make it permanent?

Key Note: In pursuit of the continuing attempt/ endeavour - to MOTIVATE, to the end of succeding in the ongoing laudable  MISSION of exemplary kind ..and earlier, if not the earliest, the better !

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
94 users have liked.

Reason why ICAI, the self regulator for CAs engaged for audit of  housing societies’ (AOAs’) annual accounts require to be made a necessary OP  in the proposed PIL ! 

Not New; simply a repeat follow-on of previous posts :

With a view to spare self the drudgery of anymore painstaking  endeavour to deal with at length, attention is invited to the viewpoints shared on Facebook  ( Go to: Swaminathan Venkataraman) under topic  head - 

When your Housing Society’s Managing Committee does not give you documents, what to do?

courtesy

vs

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

FAQs

up
91 users have liked.

FA(sked) Qs are galore, for simple ASKING of - but  to a sing-le (-uar) Q an ANSWER , a right or better one at that, EVER given 

Secret of Self-motivation - Is that not THE ANSWER ?! >

http://vswaminathan-swamilook.blogspot.in/2015/07/obvious-or-not-realted-or-not.html

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

QUEST for ....tirelessly goes on>>>>

up
93 users have liked.

Training the ‘caring’ brain

IMPROMPTU

“....India ranks 100 out of the 124 countries covered!”

By any standard, is that not a very poor ranking (?!);  so poor that none among the so called nationalists, for that matter even the so dubbed /self professing social activists, belonging to any class of them, can afford not to sit up, but care to mind and care the ‘brain’ , so benevolently endowed with, by the omnipotent ‘CREATOR’.   

Makes for quite a useful read; and is certain to be found SO by anyone, even if it were a minority or howsoever blunt witted, who nonetheless cares , in some measure, to the welfare and living  life as usefully and peacefully as feasible, by the rest of the humanity,  of which an individual is an insignificant part- no more significant than a drop of water in an ocean. Also needs to bear in mind , -before deciding to do or failing to do,-  keep doing so all the time, that just a tiny drop of venom, added unconsciously or otherwise,  to a can of milk, might prove lethal and spell an inevitable disaster to the consuming society outside, including self. In short, by caring ‘brain’ or striving the best to do, individual can accomplish the ideal of , - “live and let live”; thereby save self as well from the otherwise inescapable consequences of total disaster of the gravest kind readily imaginable.

(Open to “EDIT” -to serve the indicated purpose)

 

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

"Common' and 'Limited Common', Areas and Facilities

up
102 users have liked.

Apropos of my recent previous Posts, the latest query from an aggrieved , being holder of flat in Mumba, posted @ Lci website , read with comments supplied, should be of guidance ; especially, in the matter of proposed PIL petition by the spl. team working on it.

Co-operative housing society parking rules in mumbai

Though the point of discussion therein is limited to issues on 'car parking', the concern is primarily on exclusive possession and enjoyment of slots out of  'common' and the 'earmaked  ' limited common areas ' . As such, may not be entirely out of context or unrelated.

Suggest to explore , and make usec of it for the ongoing exercise as well.

 

 

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Proposed PIL (contd.)

up
101 users have liked.

One More in the Series >

In a continuing attempt to invigorate / pep up, -

Pointed Attention is invited to those, who have had no mind or time to sit up and take a conscious note of the series of feedback, - in their own self- interests, and most importantly, in the common interersts of the rest closely related and equally aggrieved, this time from the media for a change,- touching upon the vexing life-time-long- problems  because of non-functioning bureaucracy (governmental authorities), empowered and duty bound to attend to and resolve on their own, for the benefit of humanity, without driving them to resort to the ultimate  remedy of litigation – court litigation ideally to be the last refuge.

Look HERE>

When nothing is resolved in court

http://www.thehindubusinessline.com/multimedia/dynamic/02467/bl10_law_jpg_2467397b.jpgIndia’s dispute resolution mechanisms are in bad shape, leading to abysmal contract enforcement. This must change »

 

Read, -

Comprehensive approach

Like most of well intentioned initiatives, commercial dispute resolution mechanisms, as proposed by the government, might fall short of achieving its objective, in its current form.

.......

Related some others HERE

Natchiappan panel for commercial disputes to submit report to Govt soon

Law Commission for dedicated courts for commercial disputes

In the thus far obtaining scenario,- holding out no hopes for any remedy in the foreseeable future,  with no other sane alternative course  seemingly left open,- following routes of pro-action call for a serious consideration, on a war footing:

  1. PIL Petition (idea already mooted)

Suggestions to, -

  1. Petition to the highest court (SC), the subject matter indisputably being of national importance (also, for reasons explicitly or impliedly shared in the previous inputs with a view to inspire and provide useful guidance).  
  2. To kick-start, to begin with, through an attempt of direct approach to the apex court, in the form of a simple but forceful letter of representation, to obviate any more- or -longer -procrastination;  and to be followed up, soon thereafter,  by a separate formal writ petition duly drafted /wetted by a competent law expert.

(As is gathered from the Delhi HC judgement cited herein before, that is what is seen to have happened in that instance on, - TDS Woes, faced with by taxpayers, nationwide)

 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Typical 'Long Sight' - not simply excusable/ remediable -

up
90 users have liked.

- OVERSIGHT

According to latest feedback info., from a dependable personal source, the imbecility of forming and /or registering  apartment complexes as RWAs  still continues, with no let up; no effe4ctive check or control whatsoever.

Apparently, any hope of the morn of redemption is nowhere in sight ; too far away to expect  even ‘Astronomer Royal ‘ to be of any help !

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

MAHA by (i?) te >

up
84 users have liked.

AT NEWS

Obstructing Redevelopment Comes with a Cost

“Given the limited resources, redevelopment of co-operative housing societies in Mumbai has been a subject of great interest for the […]http://feeds.feedburner.com/%7Er/AccommodationTimes/%7E4/PteCQ7eWonI?utm_source=feedburner&utm_medium=email

As shared on Facebook:

A Bizarre Development This- not in the area of Development of a housing project, but concerning REDEVELOMENT, a certain  prospect likely to be facedv with in case of buildings aging and time to  demolish inevitably comes forth. Should such be the state of affairs in Mumbai, where the governing laws,  and the rules and regulations, are taken-for-granted or assumed –to-be  fool- and – safe proof enough for the vested interests to fall back upon, in  case of distress,  - by a  majority or otherwise.

There is no gainsaying that, all such developments taking place elsewhere, for obvious or easy-to-guess reasons ,  are sure to have sent shock waves down the spine of anyone, destined to buy or own or reside in a property of the kind, if happens to have the locale in any other state,  such as Karnataka. 

For an Update on STP, the ongoing struggle of old apt. complexes with BWSSB, refer the recent Post http://bangalore.citizenmatters.in/articles/42

Formation / Registration of Apartment Owners Association

up
105 users have liked.

The act of registration of Association under the Karnataka Societies Registration Act, 1960 (in short KSRA) itself is illegal as there is no provision in the said act to register the Apartment Owners Association mainly undertaking the routine maintenance activities, repairs, painting, providing various facilities connected with apartment living. Further, it has been made mandatory by Registrar of Co-operative Society to insert one New paragraph while registering any association under Society’s Act 1960, which makes it evident that Apartment Owners association registration under Society's Act 1960 is not to be undertaken by the Registrar of Co-operative society.

 

The New Paragraph which to be inserted is :

 

"Notwithstanding anything contained in the objectives and Rules & Regulations of this association, the association does not manage and control over the property, common areas and facilities of the apartment, since this association is not as that of the association of apartment owners as per Karnataka Apartment Ownership Act 1972 and Karnataka Apartment Ownership Rules 1974 and Karnataka Owners Flats ( Regulation of the promotion of construction, sale, Management and Transfer) Rules 1975. Apartment Owners did not filed their declaration before competent authority as per rule 4 of Karnataka Apartment Ownership rules 1974. "

 

All, associations which take care of apartments’ maintenance of common areas and facilities are mandatorily to be registered only  under Karnataka Apartment Ownership Act 1972 and all the owners to file declaration before competent authority as per KAO Act 1972 rules to create proper title of the property. According to KAOA, the owners of all apartments form an association. Although the association is not registered, its officeholders are given powers. In fact, the deed of declaration was supposed to be registered by the Builder, much before the conveyance of sale deed to individual owners by Builders and most of the Builders does not do this as the Karnataka Apartment Ownership act is having a lot of lacunae. When, the Builder fail to register the D O D prior to conveyance of sale deed to individual owners then, the Deed of Declaration** is required to be signed by all Owners at the Sub –Registrar’s office. Practically it is impossible to gather all owners to come to Sub- Registrar’s office and for this it is necessary to obtain a special power of attorney on few active volunteers to represent those owners at Sub-Registrar office to register the D O D , Bye Laws , Schedule -1 and Approved Plan / Occupancy Certificate. ** The Declaration shall contain the following particulars, namely:- (a) description of the land on which the building and improvements are or are to be located; and whether the land is freehold or leasehold; (b) description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is or is to be constructed; (c) the apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification; (d) description of the common areas and facilities; (e) description of the limited common areas and facilities, if any, stating to which apartments their use is reserved; (f) value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner for all purposes, including voting; and a statement that the apartment and such percentage of undivided interest are not encumbered in any manner whatsoever on the date of the Declaration; (g) statement of the purposes for which the building and each of the apartments are intended and restricted as to use ; (h) the name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of such person which shall be within the city, town or village in which the building is located:   (i) provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property; (j)any other details in connection with the property which the person executing the Declaration may seem desirable to set forth consistent with this Act: and (k) the method by which the Declaration may be amended, consistent with the provisions of this Act. (2) A true copy each of the Declaration and bye-laws and all amendments to the Declaration or the bye-laws shall be filed in the office of the competent authority.  At Sub-Registrar office, all the submitted D O D, Byelaws, Schedule -1, etc., are scanned and indexed in Form Book IV Register along with pictures taken of all SPA holders (Special Power of Attorney) and the serial number is mentioned in the registered documents. With this process the formation or submission of association to the provisions of Karnataka Apartment Ownership Act is completed at Sub- Registrar’s office. Regarding, the voting rights, there are 2 cents of interpretations: 1. As per KAO Act 1972, each and every apartment sold / registered with a sale deed with proportionate undivided share of land is eligible for voting rights as per percentage/value only to the be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property; 2. As per bye laws as per provision of KAO Act 1972, each Owner who is a member and submitted the property by way of Deed of declaration, has got a voting right. I am assisting voluntarily all apartment owners to accomplish the formation of association, as per KAO Act 1972.

 

M.S.SHANKAR.

 

M S SHANKAR

Praja.in comment guidelines

Posting Guidelines apply for comments as well. No foul language, hate mongering or personal attacks. If criticizing third person or an authority, you must be fact based, as constructive as possible, and use gentle words. Avoid going off-topic no matter how nice your comment is. Moderators reserve the right to either edit or simply delete comments that don't meet these guidelines. If you are nice enough to realize you violated the guidelines, please save Moderators some time by editing and fixing yourself. Thanks!