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

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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".

ಪ್ರತಿಕ್ರಿಯೆಗಳು

Sorry, for the slip >

ಮೇಲೆ
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Pay Rs.100 per day if co-operative flats not registered

For a change, the referred NEWS this time is from the NORTH (not WEST) !

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 -new enactment to regulate REALTY >

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Legal pundits Conference on Maharashtra Housing(Regulation and Development)Bill,2012

Comment (as posted @AT website)>

(Offhand- unedited)

On a reading of the enactment, awaiting the President’s nod, without going through closely, the legislation cannot be faulted  but can only be commended to contain , in comparison to the extant law, many additional or improved features, tilted in favour of the ‘consumers’. More so, because those are likely to, and hopefully expected to, go a long way in ensuring and safeguarding the lawful rights and interests of the buyers' community at large.

Be that as it may, it is an inevitable reality  (as a wise man of our times is remembered to have said, - it is all left to providence; for,) in real life,  what is expected  may or may not happen, but  what is regarded as  ‘inevitable’ may  never happen.  As is often, in a helpless mood,   lamented,  - “no man is perfect’. That being so,  how then, a man-made law  could be expected  to be otherwise, - ‘perfect’ in its absolute sense. May be, should this be borne in mind, the new law, in its present avatar, is   not unlikely to throw up  problems , presently foreseen or otherwise, that could come in the way of a successful implementation or enforcement of any one or more  of its provisions.

That. nonetheless , from the point of view  of common good and public interest , can be no reason or excuse for the concerned authorities,  and others,  sincerely  striving  to move forward with a proper implementation and enforcement of each and every feature of the enactment.    

According to the first impression, however, there seems to be nothing in the legislation, to redeem / take care and remedy the deficiencies galore perpetrated and perpetuated, for decades, ever since the extant law came into force. That is, in respect of projects already 'completed' (though in a theoretical sense), seemingly left out of the ambit of the new enactment. It is anybody's worrisome guess whether the Government is contemplating suitable course(s) of action, that too in the near future, to bail out those who have been made a victim (so suffering for long) of the villainy.

The enactment, in terms, is applicable to ‘flats’; not to “apartments”, as in Karnataka (see the modified definition of “flat’).

What is in store for the apartment buyers in Karnataka  (besides in other States) still to be known; rather  remains for long  a ‘mystery’ !

(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

One More Here > to drive one to feel 'no news is good news' :

ಮೇಲೆ
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Ref. comments posted <
 
WHAT IS THIS "NOC" spoken of?

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

Is there a lacuna in the MAHA -new enactment to regulate REALTY

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@Post on 23 September

contd. >

If one were to go by the contents of AT published write-up, but subject to independently studying the full text of the Bill itself, it is seen to have a grave lacuna jutting out. That is,- contrary to the conventionally followed legislative procedure (format), though what is in the offing is a brand new code/legislation (which, on its enactment, is going to 'repeal'(in entirety )the extant law, from an 'effective date')does not have the crucially important set of provisions , commonly known as 'repeals and savings'.If so, this is an aspect requiring to be looked into and loopholes/ gaping blanks suitably plugged / filled in, by the govt/its authorities before the Bill is proceeded with and made the law. In case of failing to do so, there could, imaginably, be any number of irresolute 'fall-out' problems, bound to be perpetually faced with.
 
(This is an add-on, intended to supplement the fears aired in the previous comment (ref. the third para. from its bottom)).

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

New law for Flats (MAHA)

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Add-on (Rider):
 
On a reading of the full text of the 'Bill' since procured, it is observed that , no doubt, there are a couple of provisions (by way of repeals and savings) -sections 55 and 56,- intended to cover the likely fall out problems referred to. But then,in one's perspective, the language of those provisions are too cumbersome and clumsy to fully and satisfactorily meet all such problems presently foreseen or otherwise; in any case, are seen to be replete with potentials for an inconclusive litigation.
 
Suggest,therefore, a devoted attempt requires to be made to examine all such areas likely to be riddled with difficulties in giving effect to the erstwhile enactment, after the coming into force of the new law,and provide even now for well thought out ways and means how best they are to be resolved. 

 

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 on - CREDAI - a singularly enthusing MOVE of its kind !

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CREDAI Against Corruption

EXCERPTS (selectively) >

  CREDAI has called upon its 10,000-strong members to stop paying bribes to officials for getting clearances. “

The war on corruption, he said, will be most effective if all CREDAI chapters fight it out with conviction. Developers should gear up to resist all kinds of exploitation and demands for bribes, expose bribe seekers and even move courts with writ petitions and complaints.

Stating that unity is strength, Mr Jain called upon fellow developers to stand by honest developers and support those who may fall victims to the corrupt system. “Then you will see what happens (in terms of results)”. 
 
He asked the developers not to be silent watchers of the corrupt system and exploitation and not to back-stab competitors.

On part of the government, he explained that there is an immediate need to implement administrative reforms to check the menace of corruption and said we had enough of committees after committees. “Now is the time for the government to act at once,” he added.

<>  Quite an essential, well-timed, AND STIMULATING  albeit long pending move from CREDAI. THE SOONEST the underlying message, RIGHTLY  underlining the most crucial facets,- afflicting the welfare of all concerned, -percolates through, effectively motivates  and catches up with all force , besides not only its enlisted members but also , with no exception, all the  players in the field, THE BETTER , Then alone, those  might not fail to bring about the wanted results.

 In these desired efforts, as rightly focused on, to take the things forward, the important role / A SIGNIFICANTLY  valuable contribution  the government and its authorities have to unfailingly play/make should be equally matching and sincerely demonstrated /  evinced for being known openly.

Last but not least, what calls for a special attention IS, -  the proactive part the advising professionals (advising both the sector and its benefactors, owing unto themselves hence, expected to rise to / seize the opportunity  for striving and setting things right in the sector , keeping  in full view / in conscious mind the rudimentary laudable objective of profound social welfare / public 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

"right" X RESPONSIBILITY X IMPLEMENTATION

ಮೇಲೆ
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Here is an article, articulating but supplying simple clues for anyone devotedly interested in helping or  contributing to the ongoing project, for the "common good". For intimately knowing how best to make 'things' really work in a world full of/nay, saturated with nothing but conflicts/conflicting interests, with "selfishness" at the bottom of them all. Having every contextual relevance herein is, among others, the most critical but ever eluding function of 'implementation' spoken of.
As a wise man and visionary of yester years was never tired of lamenting, but emphasising why the not-so-easy power to 'think', despite being the utmost need of the hour, has increasingly become scarce/the rarest of commodities in supply.
Q
Public opinion..may weigh with the executive in shaping policies. But it is not for the court to decide ...In fact, IN EVERY COUNTRY THE MAJORITY OF THE PEOPLE ARE UNABLE TO THINK FOR THEMSELVES..."
...
Judicial pronouncements can never be a cover for inadequacy of government.
...
There are times in a country's history when inaction and silence can be culpable wrong,.."
UQ
may continue>
 

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 add ('icing')

ಮೇಲೆ
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Requotable>

"In the eighteenth century, Dean Swift said that the majorityof men were as fit for flying as for thinking. Technology has made it possible for men to fly, or at least to sit in a contraption that flies, but it has not made it possible to 'think';..if your education has made it possible for you to think for yourself on the problems which face you and which face the country (the people around you) , your college has done very well .. "

More so, if it were to introspect, and devoutly , insightfully, and incisively 'think'; especially on matters entailing social welfare and common good (though, of course, of the community of which you are just a minuscule part ).

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

Constitutional Authority- Is it,- Executive OR Judiciary (SC) ?

ಮೇಲೆ
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This refers to the published article @ Business Standard.

It is not just the default in 'timely completion' of a project complained of , but there are any number of other irregularities persistently perpetrated and callously indulged in by many of the builders/sellers of apartments. That is a scenario commonly noted in almost every state/city. They choose to do so, being well aware of, but in blatant disregard/violation of, the numerous mandatory requirements of the applicable special law, impacting / impairing in no small way the very lawful rights and interests crucial to the purchasers.  

As rightly said by Mr Singh, prescription of a ‘standard agreement document’ might serve as an effective corrective step; and if mandated to be followed, also enforced rigorously, might go a long way in setting things right to a great extent. Such a step is not merely the need but cries aloud requiring to be taken on a war footing. In fact, this is a significant suggestion included in the feedback comments sent to the Housing Ministry long ago, in reference to the Regulatory Bill, still remaining to be enacted.

Further, Singh said, “A proper scrutiny is possible only if the case reaches the Supreme Court.” That, however, cannot be accepted as the right or sane approach expected from the NREDC. For, what has been grossly omitted to be taken a note of is that, the constitutional responsibility to think of and resort to proper proactive steps / course (s) action rests, wholly and solely, with the concerned governments, both at the centre and the states, and the respective executive authorities ; certainly not  with the Judiciary / SC. For useful clues and guidance , one may look up the Judgment of the SC delivered, after decades, against the till then  ongoing practice of GPA  for effecting transfer of property, in daring and heinous violation of the for-ages- known common laws on registration, stamp duty, so 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

New law for Flats (MAHA) (contd)

ಮೇಲೆ
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As earlier on bserved, the text of the  subject law in public domain, on a closer reading, is noted to have several aspects , which might have undesirable consequences affecting the consumers' intersts at large. For instance, it mindlessly provides for phase (block) - wise approval of a project  completion.

To top it all, the new state law as framed does not take cognisance of, and  has not even been  so tailored as  to fit into /accommodate,  but flagrantly bypasses  the already mooted but remaining to be enacted Regulatory law mooted by the Centre, having a general /common application to all the States. The inevitable consequence , obviously, would be a direct conflict , and confrontation, if and after the central legislation is brought on the statute book.

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

New law for Flats (MAHA) (contd)

ಮೇಲೆ
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As earlier on observed, the text of the  subject law in public domain, on a closer reading, is noted to have several aspects , which might have undesirable consequences affecting the consumers' intersts at large. For instance, it mindlessly provides for phase (block) - wise approval of a project  completion.

To top it all, the new state law as framed does not take cognisance of , and  has not been  so tailored as  to fit into /accommodate,  but flagrantly bypasses  the already mooted but remaining to be enacted Regulatory law mooted by the Centre, genertally applicable to all the States.

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

Add-ons : to be viewed with a few pinches of salt (or spices) !

ಮೇಲೆ
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Inviting attention to,-
Sum-up>
Q
Recently the High Court ruled that the Registration authorities do not have the power to verify the genuineness of content of the conveyance deed that is to be registered with the authority. The job of the registrar is to register the deed as it is.
This was a case of Deep Apartment Cooperative Housing Society versus State of Maharashtra and others. Deep Apartment Cooperative Housing Society had submitted the conveyance deed executed by their developer on November 9, 2011 for registration with the joint sub-registrar, Andheri-1. However, on February 18, 2012, the joint sub-registrar declined to register the conveyance deed stating that the title of the vendor – developer – had not been shown.
 UQ
<> The ruling the HC has given, in one's own individual conviction, if considered from the viewpoint of public interest, ushers in an unpleasant foreboding! (comment to be edited

For some connected points, suggest to read many of the well argued and considered court cases ; e.g. Ref.-

http://www.indiankanoon.org/doc/5396160/

 

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

@ Ajit N Naik

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 As  noted from his posts, in his ongoing litigation pending in court the principal issue is against the indisputable illegality / unlawful registration of body of  apartment owners as a ‘RWA’ under the KSRA; instead of, as 'Owners' Association' under the KAOA.

Having regard to, and being conscious of the overwhelming uncertainties obtaining in every connected field (mainly, the growingly gloomy ‘politics’ and ‘economy’), any dramatic change(s), as is the wishful thinking, taking place either through legislation or departmental action could be regarded only a very remote possibility. In such a scenario, as may be well imagined, the solitary hope lies in a favourable outcome in pending court proceedings. Provided, of course, that has the avowed effect of conclusively setting right, once for all, the vexing principasl issue, also all other closely connected ones, not before long.

It is only fair to expect that Mr Naik, as a proactive participant, will keep the others promptly informed about any progress, if and soon after, made.  

 

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

Apartments' Association v its "Secretary"

ಮೇಲೆ
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This since reported case has something to do with the Secretary of an AOA.
For my comment, click the above link of Taxguru.
Whaever said therein in relation to "Secretary', it be noted, are of every relevance and application to the 'managing committee'. as well as the other office bearers.

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

Forfeiture of house property ('unit') under 'SAFEMA' !

ಮೇಲೆ
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Recommended for a case study, the SC judgment reported by Taxguru @

Transfer of Flat After issue of notice u/s. 6(1) of SAFEMA is null & void

The aspect calling for an in-depth consideration has been hinted at in the  comment posted thereunder. 

To dilate, In brief :

In the judgment no mention is made or are recorded any submissions / arguments having genesis in certain basically relevant facts; as such, no way to know, whether the property (i.e. the unit  named ‘flat’ (aprtment' ?) in dispute is, - a property actually submitted , as warranted, to the provisions of the special enactment (called, in short, the KAOA (?) ). Further, if that was duly conveyed and registered, after strictly complying with the mandates / requirements of that enactment  by the builder/seller and the first set of buyers. If factually and actually not so, then , according to a rigid but seemingly right view, as per the law,  the property will not  qualify as one which is ‘transferable’ ( or ‘inheritable’)  as contemplated by / spelt out in the said enactment. Consequently, any other related transaction, including forfeiture thereof by a third party (even it be government / its competent authority as is the case herein) can only be considered to be infructuous ; and if made, can only be legally void , and  ineffective for all connected purposes. In other words, that would bring into being an unenviable or unpleasant situation, almost akin to the mythological 'trishanku' - a misery  of the worst type, verging on perennial sin. 

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 , Levy of VAT on 'Flats'

ಮೇಲೆ
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Latest from AT here,-

 

Confusion still remains constant on VAT

No further development has come to be heard of ffrom the home state- KAR.

Possibly, may be because the issue is lying with SC for a final verdict.. Besides, as has always been the stark fact of life, the commonly observed 'low arousal' amongst us, in regard to this, just as in any other, matter of common concern/public interest  could be another  root cause.

 

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

Dogmatically persisting chaos and confusion @ the Kar.Registry !

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@ ajit n naik 11 June 2011

If closely  observed, it is highly distressing to note, invariably, any such crisis situation entailing ‘public interest’ (in its profound sense) does not  receive the government’s  prompt attention and quick action, remedial  or otherwise, as wanted.  The only exception is to be found in  cases where there is  scope for the government to  levy any tax, cess, so on,,  and /or  significant collection,  to augment the revenue and enrich the treasury.

A recent case on point is here-The crisis that SAT is heading towards

Comment ::

Q

To react quickly (unedited text)>

This is in continuation of the comments posted on the mentioned earlier Post.

Glaringly, there is in sight a very serious crisis situation, and not far ahead.  Thanks to the indifferent and recalcitrant attitude of the whole lot of them , -the concerned ministries; that is, ministers-in-charge and their coterie, besides the empowered authorities.  There, it seems, can be not even an iota  of doubt that is they, they alone, who  have been responsible, hence answerable, for such things to keep happening all the time; so much so, in the ultimate analysis,  it is the stakeholders , who perforce are confronted with crisis, one  after  another. From the common good perspective, what is essentially required is nothing but an appropriate plan of action, to be followed on its heels by suitable well designed proactive step(s) to   tide over the impending crisis. Instead of leaving scope for any further litigation as dreaded.

May be, to initiate more thoughts, one can readily think of a common sense analogy : Imagine a train which  is on the right track and running at its top speed. Its driver all of a sudden comes to notice ahead a rock abutting the track. How best  to avert the tragedy/ disastrous consequences faced with – except by the driver applying the hydraulic break to bring the train to a grinding halt, and proceed only after the track is cleared. Despite that entailing certain inconvenience, or repercussions,; which,  in comparison, could not but be far less serious.

(may be continued)

UQ

Subject to sharing more info. on the present state of affairs @ the Registry,

seemingly worthwhile giving more thoughts on the indicated lines

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 on Noida !

ಮೇಲೆ
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To read - Condonation plans for co-operative housing societies: Noida

21 Nov
for an apprecition of its relevance to the previous  post herein ( suggest to remain focussed  the comments in the initial para)

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 - provocation for more thoughts !

ಮೇಲೆ
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Here > “If you can’t sell it, increase the price”

Sporadic reaction:

As a preliminary to an intensive eye test medicinal drops need to be administered for ‘dilating’. No test is possible , -hence eventually, no surgery ,- to anyone refusing to submit to the said preliminary. The reason, as one can readily imagine, is that he must be suffering from anyone or more of human weaknesses or idiosyncrasies of extreme type - viz .  Obstinacy, mental block (an aberration, no less serious than blood clot in the brain), - in short, self-centric (-ishness) ( or egocentric)  to the core (with not even an iota of concern for the common good), or the like. These, with no ground for a quarrel, are all commonly perceived traits even amongst the so-called ‘literates’, who are so dogmatic as to refuse to behave as ones. The imponderable is this: -Could the outcome or the end result be expected to be other than a tragedy, with far reaching dire consequences, verging on catastrophe; with no hope for salvation or improvement whatsoever, to eternity.

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 Wake-up Call (repeated) to benefi anyone not condemned to be -

ಮೇಲೆ
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...short - sighted or  witted.

AT

Conference Legal Documentation of Property Transactions at New Delhi

Extract>

"With increasing number of Acts and provisions along with major amendments, property transactions are governed by plethora of Acts, Rules, GRs, Bye-laws and Ordinances. Dealing in properties requires highly qualified skills and to learn the lingo of legal eagles, the Conference will high light step by step, documentation process of real estate transactions. We don’t require you to become a lawyer but to learn in a very simple way, the property transaction documentation so that you can guide your advocates and legal process in commanding positions."

These highlighted words, as may be noted, bear out the solution (wayout), perhaps the only sane SOLUTION one can prudently think of,  from a prasgmatic viewpoint, to try and retrieve oneself out  of the current state of affairs - in disarray in every sense.

Seemingly worthwhile pondering from the perspective of 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

Contract Agreement - Why is the need for the utmost care ..

ಮೇಲೆ
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in the drafting of  any contract agreement :

Many of the problems, woes, hassles, so on, invariably  faced are because of deficient drafting of  contract agreements (e.g. agreement to sell or sale deed for apartments) , more often than not, knowingly, with ulterior motives on the part of Vendor. There are several clauses NECESSARILY TO-BE-INCLUDED , HENCE TO BE INSISTED UPON, IN EVERY commercial CONTRACT AGREEMENT , with no exception. E.G Indeminity Clause,  Arbitration Clause.

To know of an instance of glaring deficiencies in the drafting of  'indemnity clause', and the regrettable  repurcussions,  though in the case of a commercial contract of a different type, look up:

 

 

 
 
 

 

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

Realty Bill - Fate of

ಮೇಲೆ
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  CREDAI opposes Realty Bill

 
Posted: 20 Nov 2012 10:18 PM PST
By Accommodation Times Bureau
 

Dismissing the proposed RERA (Real Estate Regulatory Act) as anti-people, developers’ apex body said the sweeping powers sought to be vested with  the Regulatory authority will only increase corruption by manifold, instead of checking the social malady.

The above is the lately reported development. It is to be read in the context of all such previous media reports. Seemingly, the already delayed reform measures, expected to take wings and finally come out in the form of a central Realty Act, have run into a turbulent weather, and are unlikely to become a  reality in the foreseeable future. On that premise, one can have no genuine reason to believe that the sincere efforts so far made to take forward the whole matter are likely to prove fruitful.  Such efforts thus far made are seen to rest with another small step (11 July).

Pithily stated, in the present circumstances, it appears that, the people on this project would do well to think of and resort to any other alternative course (s) of action, if open, at least to steer out of the long obtaining, and dogmatically  persisting, stalemate.

Hoping to share further thoughts .
 

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

Sharing further thoughts>

ಮೇಲೆ
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There has been, as lately realised but widely regretted, considerable confusion in understanding the law on apartments (nearly 5 decades old), in Karnataka (KAOA). In published articles on the subject,  a couple of recent ones on this website, attempt has been made to bring about some clarity. However, awareness or true awakening among the people with vested interests, despite being aggrieved and concerned, is nowhere in sight. An effective administration of the law by the ministries and empowered authorities still remain a pipe dream. So much so, a persistent failure in enforcement of the law continues to be worrisome and of common concern.

2.1. Meanwhile, recently, one more disturbing instance has come to be known. That is where purchasers in an apartment complex are confronted with difficulty in having in place an owners’ association. It appears, the problem is mainly because of lack of clarity on the concept of “registration of owners’ association”; for, no knowing what that exactly means. Nonetheless, it is not such an irresolute problem as imagined to be left with no solution; or to panic or feel weak in the knees.   

2.2. In many of the posts herein, just as elsewhere, the term ‘registration’ is commonly used; and considered a prerequisite for bringing into existence ‘apartment owners’ association’, as a ‘legal entity ‘.  Expert professionals in practice of property (apartment) law also are noted to freely use that term, unwittingly or otherwise. Notwithstanding that, the fact remains, unlike in several other statutes, there is no provision or prescription, laying down any procedure for such ‘registration’. Instances of such other statutes are, just as the KSRA,   - Company law, Partnership law, and Public Trust law. They, in terms, unlike the KAOA, lay down the procedure to be strictly followed for bringing into being the respective legal entity viz. society, company, partnership firm, and public trust. Even so, that should not come in the way of formation of owners’ association, provided the procedural aspects as laid down in the KAOA are taken care.

3. In the given case, sale deeds are said to have been registered with the registering authority; and Form A as well. But Form B compliance has remained pending. The purchasers have taken up the issue with Vendor. On enquiry, it is learnt that, there is likely to be a stalemate. The fear is, there could be delay in having established ‘owners’ association’. Consequently, there is no certainty whether, and when, Vendor would be in a position to fulfil his remaining legal obligations; which, in short, are these:–

Convening the maiden general meeting of owners’ association;

Electing a managing committee and office bearers; and

Vendor completing the process of formal conveyance of the property (land and building, together with its common areas and facilities) to the co-owners , through their association so duly constituted.

To sum up:

The forming / setting-up of owners’ association should be easy to accomplish, provided the primary requirements and procedure as spelt out in the KAOA are understood and followed. Briefly stating, - conveyance deed, declaration by vendor in Form A, and declaration by each purchaser in Form B are the 3 documents which need to be registered with the sub-registrar (stamps) , being the empowered registering authority. Having done so, -on which there should be no difficulty, - what the law further requires is simply that a copy each of the said 3 documents (i.e. conveyance deed, Form A and Form B) be filed with ROCS, being the competent authority named by the KAOA.

Compliance with the second mentioned requirement may, of course, prove a stumbling block, should ROCS persist and continue to refuse to act and discharge his duties and responsibilities entrusted to him as the competent authority named  by the KAOA.

Is there no solution or easy way out of the stalemate ?

To be continued..

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

Compliance with the filing requirements under the KAOA

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Contd.:

No denying that, ROCS is named the competent authority by the KAOA (the special law) for some of its purposes.  One such purpose of significance is that, it is he with whom copies of the 3 documents (i.e. ‘sale’ deed, Form A and Form B), as noted herein before, are mandated to be filed; accordingly such filing be accepted and taken on record to be maintained by him.

In general, it is obligatory on his part to abide by and honor the expectations of him by the special law. As has been given vent in several quarters , his recalcitrant attitude and adverse stance , in not conceding  and agreeing to act in that capacity is tantamount to disobedience, and gross failure to discharge such duties as entrusted to him, leading to defeat of  or betrayal of the very objectives of the special law.

In this context, it calls for a focus that, the special law, it is loud clear, aims at ensuring that the objectives of the KAOA are not defeated or jeopardised, resulting directly or otherwise in impairment, in any manner, of the lawful rights and interests of the stakeholders namely, the purchasers of apartments. Such valuable ‘rights and interests’, vested by virtue of the special law, are, briefly stated, these: right to transfer (sell), right to mortgage and obtain loan, and for successor(s)/heir(s) to inherit (by will or intestate). That necessarily means and implies that, in order to be lawfully conferred, and claim to be vested  with such rights and interests, compliance with the procedural mandates of the special law is a must; not amenable to be wished away, or ignored / bypassed.

The filing of documents with, and the ROCS maintaining a record thereof, are, among others, equally imperative to satisfy in the process of ‘forming ‘ an  ‘owners’ association’ . So also, is the builder ‘informing’ the ROCS about the purchasers having decided to subscribe to it (through Form B compliance).

The resistance by ROCS to play his role/perform his duties, as adequately borne out/enjoined by the special law, in the whole process as aired in several quarters, is highly regrettable, rather disparaging, if considered from the viewpoint of the stakeholders. In any view, it appears any refusal by him to accept and take on his record copies of any one or more of the 3 essential documents, if and when tendered, might not be defensible; that is, if confronted with a dispute that in doing so, he has not acted “in good faith” or “in his official capacity”.

For useful clues, may look up the related information (as indicated by the xtracts), disseminated through the material available in public domain; for instance, @ the following links:

1.http://www.vakilno1.com/bareacts/thepublicservantsact1850/publicservantsact.htm

2.http://articles.timesofindia.indiatimes.com/2008-09- 11/mumbai/27935812_1_registrars-holder-documents

Xtract:

>MUMBAI: It's classic Catch-22 situation for the city's sub-registrars. Registering documents, especially real estate transactions, signed and executed by a...

3.http://punjabrevenue.nic.in/regmanu(5).htm

Xtract:

> 137.Refusal to register to be made with caution: Orders refusing to register should be made only after due care and consideration, and if the impediment to registration is a mere informality or defect capable of remedy, opportunity should always be given to the parties to correct the flaw.  In such cases registration shall be deferred, and no final order of refusal shall be made until the document concerned becomes time-barred.

4.http://civilforms4u.com/drutra1908.htm

5.http://www.hindu.com/pp/2006/10/28/stories/2006102800280700.htm

 Xtract:

>Moreover section 84 (1) of the Registration Act, the registering officer is a public servant within the meaning of the Indian Penal Code and Section 86 says that no registering officer shall be liable for any suit, claim or demand BY REASON OF ANYTHING DONE IN GOOD FAITH OR REFUSED IN HIS OFFICIAL CAPACITY..

(The key words, highlighted above in bold font, are, in one's individual but firm conviction, of  every relevance and application to any 'public servant', ROCS being one)

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

ROCS is Duty bound to comply with KAOA 72

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After going round and round, our legal expert Mr vswami has finally come to the relevant point, at last or at least now, to say that the culprit is the ROCS in not effectively implementing the provisions of KAOA 72 and its Rules. I did bring out this point as far back as on 6 May 2012 at 6.04pm (please see above) and sought suggestions to take action against the authority. Even Mr vswami's latest post does not say about the action to be taken. Can we file a writ petition which might be very effective and who will bell the cat!?

Continuing to share 'thoughts' >

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@Commander V Joshua

In reacting (impromptu): Off hand, I have a strong disclaimer to quickly offer, in all humility, to his dubbing me,- 'our legal expert'. I am sure  he would not have done so, had he cared to spare mind and time, and gone through the several  messages from me right from day one of my interaction with this project blog, more  so had he recognised the sincerity of my purpose behind and / or my individualistic  line of approach in such matters . To make it amply clear, I have never believed myself nor claimed or  professed to be, -either  a "legal expert", or "our legal expert" (whatever the word "our" used was intended to convey).

If time and health permitting, and providence willing, I may, in due course, think of and put in a rejoinder - on a point by point basis. Meanwhile, hope to be excused.

Without having to specially underline/underscore, I fully sympathise, rather empathise, with the underlying cause for the  emotional outburst  at the root of  the message under reply.

PS: "Regret for any inconvenience caused" !

 

 

 

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 Follow-on - On the mooted idea of court litigation

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@commander v joshua 8 Dec (a follow-on)

The message  leaves one with an indelible impression that  he is restive and itching for initiating court litigation, by filing a writ petition.

Ostensibly that is a matter in which, if at all, only an 'expert lawyer' in practice, duly equipped, especially having due exposure in constitutional law,will be competent to proffer an advice.

It is my individual belief (open to correction, if I am wrong), this is not a forum of or for law experts; so much so, will be unfair should anyone expect even any suggestion, to be of useful guidance in regard to any such intended move.

Incidentally, I happened to casually  recall, and crave leave to share, the opinion of a noted legal luminary  and outstanding constitutional lawyer of our times .

To requote late Palkhivala :

Q

The greatest illusion of our people is the infantile belief in the legal solubility of all problems. In the wise words of Lord Halisham, the former Lord Chancellor of the UK, "We might do well to remember that in the whole realm of human relations there is no field more vulnerable to corruption, dishonesty, chicanery, and sheer quackery and charlatanism than contested litigation..   real, imagined or invented”. We might also do well to consider that few of the safeguards we have achieved against these evils...” 

UQ

(from his published article in TOI, july 9, 1990)

PS: Having shared again with the best of intentions, as a prelude to my further endeavours, but with the hope of not being accosted with any more insinuating remark  of "going round and round". 

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

Add-ons

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Add-ons>
 
1. Interestingly, the referred article was titled -
 
Crisis of Public Faith in the Judiciary
   Time for National Introspection
 
2. Another equally interesting write-up based on a real life story, in public domain, albeit with a diiferent stroke >
 

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

Action against ROCS

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 I am extremely sorry that my comments appear to have offended Mr vswami. It is neither my intention nor is the purpose of participating in this blog to go personal aginst another active participant. I, indeed, am of the sincere openion that Mr vswami is an extremely well versed legal luminary and with that in mind, probably expected quick and result oriented suggestions and may be, a solution to this vexed problem. I agree with him that court litigation should be the last choice as it may take your time and money. Nevertheless, 40 years appears to be a very long time (since KAOA 72 is passed by the Legislature) for soft peddling this issue with the authorities in the Government. I find from High Court judgments available in the website, the Karnataka HC judes are amazingly swift and highly fair/intellectual in disposing the writ petitions. (Please read some of the judgments of, for example, Justice Ravi Malimath with respect to speed and quality). Keeping this in view, I suggested a writ petition. Once again my apologies to Mr vswami assuring that no insinuation is intended.

Action against ROCS

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To breifly respond: As may be seen from my previous messages, there are , by and large, 3 courses of action, which I consider may work, hence may be worthwhile to seriously give due consideration :

1. A personal dialogue with the people at the Registry (not only ROCS, but the others as well ( i.e. Registrar of Socities and sub-registrar ); with a prior appointment, and if necessary, with a counsel at hand to assist in forcefully putting across the ponts of grievances, in order to stimulate positive action, with no further procrastination.

2. Motivate the RWA s- the object should be to coerce them to realise why they should come forward, at this late stage though,  to resort to a well co-ordinated activism, with proper emphasis on societal objective.

3. instead of litigation on an individual basis, to preferably , if so feasible, try and get impleaded in the already ongoing battles in courts. Advantages, as may be readily visualised, mainly would be saving on both cost and time. Besides ensuring that all possible pleas are urged, after impleading all  OPs as warranted,

(in view of the fact/reality of life that, instead of action or proaction on a solitary / standalone basis, conjointed action is any day preferable, to achieve the desired reult.

Hope the message / underlying suggestions are clear; or at least , i have made an attempt to make it as clear as possible within my capacity /limited faculty.

Needless to add, in my earnest view, and with hope on hopes, praja.in's active involvement and direct participation in the courses of action suggested above, might greatly help in taking things forward from here/ now onward.

(May be pardoned, for the longishness of my message, an unedited one at that)

 

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

Exchanging thoughts>>>>>>

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WITH HEARTY SEASONS' GREETINGS

aside>

http://vswaminathan-vswaminathan-swamilook.blogspot.in/2012/12/arianna-huffington-year-we-prioritize.html#!/2012/12/arianna-huffington-year-we-prioritize.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

Awakening - still a long way to GO , HAPPEN !

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From a leader in the print media >

The Hindu : NATIONAL / KARNATAKA : Regulations on apartments ...

 

Proof enough that there has been an awareness ..but the unqestionably intriguing and inconvenient poser is, - WHY JUST NOW; why not any earlier ? WHY STILL WAIT TO BE AWAKENED, rudely or otherwise ?!

Again, why no solution thought of or suggested even remotely ??

Once again,why  no move, worthwhile deserving a mention, thus far, to remedy or  redeem...???

Why blame the government / its machinery alone, knowing fully well, that its wheels, as historically known, always grind slow - so slow as a snail or...(?)

Why not the others, barring the 'vested interests' , the host of others as well- especially, the prime stakeholders (buyers), and lending banks; not to speak of  their advising consultants, counsels (Lawyers, CAs), AND so 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

contd.Following is an

ಮೇಲೆ
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contd.

Following is an extract  from the above cited write-up in THE HINDU :

"Through these laws, buyers of apartments in multi-storeyed buildings are given the ownership right, which is inheritable and transferable as immovable property, along with certain portions of undivided rights over common areas and facilities."

If read critiacally, in one's firm view (may be, at best requiring an endorsement by a competent law expert), the correct position in law has been misconstrued.

To reason out :

In respect of an apartment, conveyance of the 'property' takes place / becomes finally and fully effected in two stages:

a)  Pursuant to the individual conveyance deed, on registration, what is transferred and physical possession given, to the buyer is only of the apartment  (its exclusive area) ; but of the common areas and facilities', he is given only 'constructive possession' , as opposed to strict lawful  'physical possession'.

b) Only on the formation of the 'owners' association' as envisaged by the law, that the property in and legal possession of  the attached  comon areas and facilities, including the exteriors of the building and land, could be effected, and therefore, accordingly, gets effected and  transferred to the body of buyers constituting , as co-owners, the said association as a legal entity.

In short, one is , beyond an iota of doubt, of the conviction, that such is the strict position in the eyes of law would have quite weighty legal impllications, favourable to  the buyers' benefit; also come to their rescue, should they be faced with any confrontation with their Vendor.

The foregoing aspects , it may be noted, have been brought out at length in the previous messages saved herein before. In fact in one of them, it has been indirectly suggest6ed that Advocate Anup Shah could preferably be approached for expert guidance.

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

Law on Apartments - why no 'nomination' facility provided ?

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Attention is invited to a recent article in the website of Taxguru > Have you made nomination for your bank account?

The importance of nomination facity for bank accounts has been rightly emphasised; and the dire consequences failure to comply with the said requirement entails been sufficently focussed on.

While on this toipic, a glaring lacuna in not providing for a like requirement in the law on apartments, in Karnataka, so also in certain other states needs to be pinpointed.

Following is an Extract from published article, APARTMENTS – REGULATIONS OF KARNATAKA , citation KLJ 2005 (5) Pg. 1, 8
xtract
Anomalies in Law:
As mentioned elsewhere herein, on a close study of the provisions, one finds many anomalies or loopholes, inter alia, in the Flats Act, the Apartment Act and the Model Bye-laws. A few such instances are cited below:
……..
Apartment Act:
………
1. ….
2. …..
In the Bye-law 5 of the Model Bye-laws, in paragraphs (2) and (3), there are provisions for, besides transfer, transmission of the property in the Apartment and of the shares of the Association to the donee(s) or legal representative(s), as the case may be, of the deceased owner. That obviously entails a long drawn process of the donee or legal representative obtaining and furnishing a succession certificate or probate from Court.
In respect of a Flat, the transmission is simplified in that, the owner can appoint a nominee by executing and furnishing to the Society a Nomination in the prescribed Form as per the Co-operative Societies Rules. If so done, the property in the Flat is automatically transmitted to the nominee on the demise of the owner, without any legal formality. Why for Apartments also the procedure for transmission of the property could not have been simplified likewise by providing for the Nomination facility, thereby making life easier?

IT IS A SAD COMMENTARY THAT THE SUGGESTION FOR INTRODUCING A PROVISION FOR ‘NOMINATION’ IN THE APARTMENT LAW HAS FALLEN IN DEAF YEARS. THE GOVERNMENT’S LONG ENDURING APATHY AND INACTION IN NOT REMOVING THE SAID ANAMOLY, BESIDES SOME OTHERS, IS REGRETTABLE..

Even so, there seems be no sane reason  or scope for government objecting to having such a requirement if any apartment complex wants to make a provision in its byelaws. What any  proprty law expert .has 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

'Contract Agreement' - why the need to mindfully read through

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>and critically vet/have vetted, before affixing 'signature' (more so, if - thumb impression) :

Indiacorpblog > Contract Drafting: Indian Style

Reproduce below, what one wrote in the article, INVESTOR PROTECTION - A MYTH? (2005) KLJ pg 17, 21; the burden of the song underlying the quoted viewpoints, it is to be noted, is not materially different from that of this write-up. However, it calls for a further study whether the style of drafting is any better across the globe!

XTRACT:

A seller of Apartments often takes from the purchasers large sums
promising "lifetime maintenance" of the building. Invariably, one finds
that, in none of the relevant documents it is made clear what the term
"lifetime" in this context means. That is, whether it is of the building, or of
the purchaser, or of the seller. This is obviously a Grey area, so much so
the chances of the purchaser are left high and dry at some point of time
in future seem real and cannot be ruled out. Especially, if the seller is a
partnership firm.

In the documents of sale (i.e., agreement to sell and sale deed), just as
in any other contract agreement, in the initial paragraphs, are set out the
names, addresses and other particulars of the parties thereto. Always
added, as a matter of conventional drafting, is a stipulation to the effect
that the seller/purchaser named therein includes his/their heirs, legal
representatives and assigns. It goes on to stipulate to the effect that
wherever/whenever the context requires or admits, the term
seller/purchaser also includes his/their successor-in-business, or
successor-in-interest. However, the question whether or not, or in what
circumstances, any such stipulation (intended to be covered by the words
in italics herein) could be called to his help by the purchaser is difficult to
answer. For example, take a case where the seller is a partnership firm
and it is succeeded in business by another firm. In that case, it would

entirely depend upon the terms and conditions subject to which the new
firm takes over the business. To put it differently, one cannot always take
it for granted that all assets and liabilities (including all the obligations,
besides the rights and interests) of the old firm would be taken over by or
devolve on the new firm in entirety. As such, should the terms of
succession so provide, it may transpire that the rights and interests of the
purchaser derived from the old firm do not survive after the succession;
that is, against the successor-firm.

 

 

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 general or special awareness - depending on own independent

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OUTLOOK

http://vswaminathan-vswaminathan-swamilook.blogspot.in/2012/12/concept-of-gpa-doing-its-round.html#!/2012/12/concept-of-gpa-doing-its-round.html

SHOULD ONE CARE OR WISH TO KEEP ABREAST OF-

1. what, by and large, law experts expect of clients in need of legal advice/guidance (he be a common OR uncommon mortal - regardless) ! ;

2. how things are moving THICK &  FAST, unlike in Home State !!

 

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 THE NEED FOR "nomination" ?

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vswami on 14 December 2012

contd.>

Refer following:

1.FAQs on WILL

2. Business Line : Today's Paper / OPINION : Laws of inheritance ...

In both these write-ups (first one by a CA and the second by an eminent Advocate), it has been emphasised why the poupularly known instrument called  "WILL" (according to the Advocate "SETTLEMENT") is a must ; in order to safeguard one’s lawful  rights  and interests  in a  property  held or owned, not  only from the viewpoint of present holder or owner but also from those of his/her ‘successor’,  in the eyes of law. The Advocate, for reasons discussed, is seen to have favoured "SETTLEMENT" as a better aslternative to "WILL". He has also gone on to suggest among others that it is possible for the settlor , with a view to protecting his own or spouse's interest/welfare, particularly during his/her own lifetime, to have the same safeguard provisions inbuilt, as in the case of a "WILL".  Be that as it may, in one's individual perception, rather prfoundly  rational  and mindful practical thinking, especially having regard to the natural human behaviour come-across in general, and met with  in modern times in particular, the preference may possibly veer round to "WILL". 

That, however, is not to be regarded to have SAID ALL or providing a wholersome solution to all conceivable situations OR  types of 'property'.e.g  units of a building - "Flats' or 'Apartments'.

To dilate:

In today’s scenario, by and large, anyone having the wish and will to invest, be it for own use /occupation or otherwise,  considers it a better choice, for more than one reason or objective, to go in for such ‘units’ of a building.But, as repeatedly canvassed, difficulties of an insurmountable nature have come to be widely experienced , should no care or insufficernt care been taken to ensure that the two essential rights to 'transfer' or 'inherit' are fully secured. 

Beiing well aware of, and realised for long, the apathy of the men in overnance , so also of socalled  'public servants'  responsible for administration of the law, it is now exclusively  left   to the victims /sufferes to devote serious thoughts , and pursue devoutly, to the end of  bringing about an improvement , and satisfactory solution.

It is in this context that the need for 'nimination' requires to be given a serious consideration; for, perhaps, that holds the key for redeeming the otherwise hopeless situation. 

( open to be edited/modfied)

 

 

 

 

 

 

 

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

Stale food - being re-served !

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Vandana Shiva: Food Poisoning on a Global Scale
http://www.commondreams.org/view/2013/01/02-9



Food for survival, not for annihilation is the ingrained old belief ; this is of equal relevance and full force also to food for thought, gaining currency and largely in vogue i.e. so called 'feedback '. For some it is a pastime, fashionable or otherwise-- with, by and large, a self-seeking or self-projecting  mindset; for others a useful tool for sincere pursuit of 'social (work)  activism' aimed at improvement of the human life. The insurmountable PROBLEM OR IMPEDIMENT MORE OFTEN THAN NOT FACED WITH is attributable to the fact of life namely, the society is increasingly flooded with infamously so dubbed - 'boneless wonders'  walking the earth as never before- dominantly 'self-centric' or 'ego-centric'; OR might be an unsavory amalgamation of both the traits !

 

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 - CCI's proactive step

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has come to be tasken NOT A  DAY TOO SOON !

 

CCI will be creating model framework for commercial agreements$

Xcerpts>

Reading in between ...

 

... working on a model framework for the commercial agreements between real estate developer and the property buyer, ...The framework is being prepared  by the CCI in the connection with a high profile market dominance case against the realty giant DLF Group which has challenged a Rs. 630 crore penalty imposed on its by the commission.
...The framework will serve as a general model for everyone. Adding further he said once that happens the modified plan meets judicial test should take care of most of the commercial aspect between the buyer and seller.
COMPAT has asked the fair trade regulator to decide on what constitutes a fair balanced trade agreement.CCI will shortly finalize key parameters. ...

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 cases on issues arising in relation to

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Transactions on Flats >

Some such related tax issues have surfaced in recent times. In one such case, settling  the points of issue, the itat , it appears, has taken into due consideration, rightly so, but in a limited way, the legal implications of the special enactment applicable to Flats.

ref. the itat's Order reported @                 

(86.2 KiB, 268 DLs)

 shantikumar_majithia_deemed_dividend_occupancy_rights.pdf

And the Comments thereunder.

 

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 exemption of 'income' of Owners' Association,..

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on the lawful ground of of 'mutuality' >

For knowing about some recent developments, which must be of common concern, Ref.-

 
Also,-
itatonline reports:
 

Is this not a matter to be promptly taken up with the CBDT , urging for a beneficial instruction/circular u/s 119 of the ITAct ! 

Of course, YES;  if one were to act being dictated by wisdom gathered in hindsight; and keeping in mind the reality that, historically, any such development (such as, a SC Ruling) has often been misconstrued and adverse stance wrongly taken by the Revenue officers, in particular in the lower cadre.  

 

 

 

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

citi citi bang bang !!!!!!!!!

ಮೇಲೆ
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AT News on REALTY; Reforms in MAHA

Builders trick turns into PIL by High Court

Housing Societies can now bar defaulter from voting polls

Forward- looking reforms are MAHA's pride, but OTHERS’ envy!

Except for those wantonly choosing to remain 'low aroused' , as ever, to eternity >
Very stimulating MAHA News-  Regrettably and Enviably, not FOR BENGALURU
(Per contra > today’s toi news, for pride - "B'lore gets lion's share of educated migrants”

KEY NOTE: What is more regrettable, rather tragic, is the actual fact staring in the face that unlike MAHA, some other States, not barring KAR, are still looking forward, for ages, to have at least in place a duly structured enactment, so as to fully and fairly cover within its ambit /governace, the so-called HOUSING SOCIETIES  for 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

Tax Cases - why of relevance to this Project

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In an earlier post, reference has been made to the tax case of , -S Majithia, reported @itatonline. As a follow-on, wish to invite special attention to, besides  the detailed  comments posted therein, the article (critique) since sent and published @ 

http://taxguru.in/income-tax/itat-order-shantikumar-majithia-dcit-itat-mumbai-critique.html

This add-on is to pinpoint  that, though the referred comments and article are directly related to tax disputes, their relevance or importance having a close connection to the ongoing endeavours through this project @praja;  however remote one may take it to be, ought not to be overlooked or taken lightly. instead, if mindfully gone through might help in pusuing the endeavours more effectively; perhaps, as fruitfully and expeditiously as desired.

(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

Property rights in a Flat - when 'Owner'-

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-for purposes other than for Taxation:

Of the above referred comments, the last one posted on January 16, 2013 at 3:51 am has every relevance.

The observations of the ITAT in re. Yogesh Sunderlal Shah v ACIT ((2012) 25 taxman.com 300) cited there in  call for an  incisively anxious note of. For, it is on those grounds that the assessee’s claim for tax exemption u/s 54 has been rejected; in one’s considered view, quite rightly so.

To be precise, according to the ITAT, in case of property  rights in a ‘FLAT’, unless acquired in terms of a transaction of ‘PURCHASE’ within its strict legal meaning, the acquirer does not become the  “owner” ( of the Flat) ; notwithstanding that,  he is regarded a ‘deemed’ owner,  for taxation  purposes,  by reason of the special provisions of the tax law.

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

Apartments' Owners - Reported Constitutional Amendments -

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TO ENTHUSE AND BRING CHEERS :

Right to form a cooperative society is now a fundamental right of the citizens

Here is some latest information from AT.

On the first blush, it appears, the reported development should bring to the aggrieved community of buyers of 'units' in buildings, a years-long awaited move from the Central Government.

Of course. personally speaking, the true implications of the reported amendments of the Constitution itself, with the ostensibly laudable claim / aim of bringing  succour to the impacted people , on the primary area of grievance, call for an intensive study and conclusions. ALSO WAIT FOR FURTHER DEVELOPMENTS/ ELUCIDATIONS.

In the interim, no doubt,, ONE MAY RELAX BUT  HAVE TO KEEP OWN FINGERS CROSSED AS ALL ALONG HITHERTO.

(unedited)

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 on Ordinance

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@vswami

A QUICK ATTEMPT TO COMPARE THE NEW ORDINANCE (see latest AT News) ,   WITH THE LAST 97 th AMENDMENT (see below *), LEAVES ONE CONFUSED.

MAY BE, EITHER AN EXPERT NEEDS TO BE CONSULTED, OR AWAIT AN AUTHORITATIVE CLARIFICATION.

*http://www.caclubindia.com/articles/constitutional-97th-amendment-act-2011-16045.asp#.URtwpzEz64Q.email

Note: Nonetheless, suggest other participants herein, likewise interested, may make an independent  attempt and tentatively share their reaction / understanding. 

To dilate:

The reasons for confusion are,-

1) – the headline says, “Right to….is NOW …” ; and

2) the concludung sentence talks of “The Ordinance….” (?)

More info. and clarity would have been helpful. No doubt, brevity is often recommended to be the ’soul of wit’. That is not to say that brevity at the cost of clarity, more so as a policy, is not to be ever eschewed.



 

 

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

KAR way back behind MAHA.. is it not ?

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By way of clarifying own thoughts:

As is expected to be known, also as repeatedly mentioned in previous posts herein, MAHA has already in place a comprehensive enactment on Co-operative Societies; and it contains special provisions separately governing housing societies. That being so, any further amendments thereof would have been to further improving upon and streamlining /strengthening those provisions.

In the last AT news, what have been set out are the contents of the 97 th Amendment of the Constitution, effected almost a year ago (?). One's guess is that, the Ordinance  made a mention of in the News can only be the Ordinance announced sometime ago (to be in contemplation at that time) by the MAHA giovernment, and since promulgated. If so, if at all what one would be interested in knowing is the manner in whch the changes envisaged by the 97 th Amendment have now been incorporated in the State enactment.

Be that as it may, so far as one is aware, the actual fact remains that our native state govermment is still way behind MAHA. In that it is not known to have made any positive  move in the matter, following the footsteps of MAHA.

It is earnestly hoped that the apartments community in KAR / Bangalore, especially the social activists like Praja realise the utmost  urgency and pressing need for taking on and moving the local government  and its authorities effectively and expeditiously, to the end of achieving the avowed objectives.

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 goes to town to explain what after all the 97th Amendment..

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> ...is intended to accomplish ! 

@vswami (contd.)

What is much talked about 97th Amendment and why the need ?

The sum-up of the longish write-up is to be found in the concluding paragraph.

For a guess, if and when the KAR State makes suitable changes, and in a foolproof manner, in the extant law on Co-Operative Socities, there may be hope for better times. Particularly, and provided  no loophole or lacuna is left, so that they  apply to housing socities (owners' associatiions) for apartments. Only then, one can hope for a drastic change for the better  in the  existing/continuing -for- long objectionable practices at the Registry. To be precise, that should pave the way for the designated authority viz. ROCS start playing a role, further an active supervisory role, in the functioning of the owners' associations, after they have been successfully formed; taking for granted and on the premise of the fullest co-operation of the promoters/sellers.

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- Why Pay For a 'Product' not in shape / in the making ?

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Comment:

From the buyers view point, it sounds a very welcome measure, albeit long overdue. That should put an end to the highly objectionable prevailing practice of buyer financing for a ‘product’ before it has qualified for sale, as a final product , with a profoundly ‘marketable title’..

Need to pin point , hopefully, the new idea might help in safeguarding the buyer’s rights and interests by insulating from the inherent / potential risks, and the resultant woes and hardships faced with otherwise.

(welcome to dilate)

 

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 - provocation for more thoughts !

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The Latest Municipal Policy On Property Taxes

REgretfully, the write-up does not cover the situation in Karnataka (Bangalore).

Hence need  to be specially deliberated on; essentially because of  the obnoxious field  realities e.g in the matter of Issuance of  'Khata', - something requiring to be dispensed with, the soonest the best..

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

Indian Constitution, 97th Amendment

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contd.

Since last post on this topic, there has been no known development in Karnataka.; if any, may be worthwhile to share!

Meanwhile, for further News from MAHA, read @

Empanelment of Auditor for Audit of Cooperative Societies F.Y. 2012-13

Comment:

The write-up confines itself to the state of Maharashtra. However, it calls for a specially pointed mention that the amendments of the Constitution are of relevance and equal application to all the states in India.
 
As of now, till the respective States have carried out the consequentially wanted changes in the own independent state enactments in force, by suitably incorporating the referred amendments in general, and in so far as they are to apply to housing societies in particular, the announced empanelment of auditors is, in no way, relatable thereto. 

 Going by one's information, in certain states (e.g. Karnataka) housing societies (in Karnataka, 'owners' associations) have remained, for long, to be brought within the purview of the Co-operative Societies Act.

Of course, as one imagines, until that happens, auditors would, in the audit reports, require to incorporate a suitably framed qualification Note, so as to bring out the actual factual state of affairs. To hint at, may be, it will require to be disclosed to the effect that the audited accounts of such entities (housing societies or associations) are subject to changes, if any called for, if and when the state enactment comes to be modified and the so amended provisions take effect.

Over to the ICAI and its concerned members for a further deliberation, as considered necessary, for providing useful guidance on a timely basis.
 Cr. Ref. March 9, 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

Recent Developments of Common Concern

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In case not aware, visit >

 

 

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 Announcement on the concept of PR Card; And..

ಮೇಲೆ
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..the Steps taken for its imlementation in Karnataka !

Impromptu:

Prima facie, the idea recently mooted, and the steps reported to being taken, are, indisputably, for the common good of the genuine''legal'" owners of  'property'. That would cover , within its ambit, properties in the form of apartment complexes that have increasingly mushroomed not only in towns but also in the remote parts of the state. As such, all concerned, apart from the owners of individual apartments, the "owners' association" being the legal entity of the co-owners and as such, the body in which the legal ownerhip of the entire proerty in an apartment complex  (land and building) is supposed to vest, should identify , -even now, before it is too late, - all such obvious problem areas as are bound to be faced with, and have them sorted out/ resolved at the earliest. In any event , not to leave them to be raised and taken on only when a crisis situation develops. As practical wisdom should dictate, - "thinking of and planning to cross the river only after reaching one" cannot at all be a prudent decision; especially so, having the road map in hand and knowing fully well that  there is /are difficult river(s) to be crossed enroute.

To hint at: Indicated requirements for the purpose of PR Card, worrisome of them being, completion (occupancy) certificate, and 'khata'.

It is mainly for social activists such as those @Praja to explore and devise ways and means to tide over and make a headway !

(unedited)

 

 

 

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

97th Amendment of the Nation's Basic Charter - Fresh news

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As noted in previous posts, lately, some welcome proactive steps have come to be taken, in quick succession, by the Maharashtra Government, with a view to bringing about an overall nationwide improvement in the extant law on co-operative societies. In so far as they relate to housing sector, the changes made are primarily aimed at an effective formation and functioning of housing societies, for the common benefit and welfare of the owners / residents of ‘Flats’.

Such steps came to be triggered and speeded up in the light of / consistent with the amendment of the nation’s basic charter itself- called the 97th Amendment of the Constitution. By and large, the other States were expected to follow the footsteps of Maharashtra, admittedly always a trend setter and role model, and enact suitable corresponding amendments in their respective laws.

 Ref.  Maharashtra Co-operative Societies Act, 1960 – Amendments 2013

With the same breath, however, it needs to be added, there has been a further development, -as reported @-

97th amendment on co-ops unconstitutional -Gujarat HC
 

As is gathered there from, the subject amendment of the Constitution has been litigated in the name of public interest. To put it in a layman’s  languge, the PIL  is seen to have raised the not so unfamiliar bogey of “centre” v “state” ; but, strongly relying , on the intricate technicalities  of the law no layman can be expected to know of. The HC has, no doubt, , for the reasoning given/on the grounds urged as gisted below, struck down the amendment as ultra vires :

“The petitioner contends that the subject-matter Co-operative Societies does not fall in the 7th Schedule Entry 45 of List I of the Constitution and those are specifically excluded from entry no. 43 of List 1. Therefore, according to the petitioner, the State legislature is the only competent authority in law to enact the laws for the co-operative societies and on that ground, the proposed amendment should be set aside as violative of the Constitution of India as the consent of the majority of the State Legislatures was not received before presenting the Bill proposing the amendment to the President of India.”

“According to the petitioner, it is settled law that a constitutional authority cannot do something indirectly which it is not permitted to do directly and if there is a constitutional provision inhibiting the constitutional authority from doing an act, such provision cannot be allowed to be defeated by adopting a subterfuge. By the impugned constitutional amendment, according to the petitioner, the Parliament, a creature of the Constitution, and not vice-a-versa, has violated the basic structure of the Constitution by not complying with the requirements of Article 368 (2) of the Constitution.”

While one has to wait for further developments, it goes without adding that, the largely prevailing grievances against the deficiencies in the law on co-operative societies, especially wrt housing societies, and the common expectation of related remedial steps, have come to be set at naught, for the present.

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

@vswami

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CONTD.

By the way, in the add-ons on the subject, recently posted elsewhere on this site, as well as of citizenmatters, so far as one could see,  the need for making the necessary  changes, besides in the law on apartment, in the extant enactment on co-opertaive socities as well, has not been specifially brought out  or adequately stressed. If that be so, the activists might have to consider usefully taking it up in the further meetings on the ongoing deliberations with the Kar. State government.

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

re Co-operative Socities Act - 97th Amendment of the ..

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Constitutional Law >

Now, one has the benefit of the wisdom since gathered (albeit in hindsight) in the aftermath of the Gujarat HC Judgment in a  PIL; the court  holding the amendment as 'untra vires' , The point of intriguing concern that naturally surfaces is this: Was the amendment of the Constitution at all called for, or in any case,  inevitable /indispensable ; more so, to make the right to form a co-operative society  a 'fundamental right', despite that was a right already vested in buyers of flats and apartments and mandated by the state enactments supposedly in force?!

For some clues of guidance, refer the write-up and comments posted on the website of Taxguru >

http://taxguru.in/corporate-law/applicability-rti-act-cooperative-societies.html

Further, inside the Blog @ >

http://vswaminathan-swamilook.blogspot.in/2013/03/97-th-amndt-of-constitution.html

In retrospect, it looks that, after all, by not hastening to follow Maharashtra, Karnataka has saved itself, though unwittingly, from getting into the trap /  involved in the controversy surfacing out of the subject constitutional amendment:

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 compliance with the law on 'as is where is basis'

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104 users have liked.

at least from now on, -even granting its present lacunae / deficiencies, identified or otherwise,- is a MUST ?

For clues , if still be in doubt or in search of an answer , may usefully look up the earlier referred websites. blogs, as since updated/modified ! Further,  the one newly added @: http://taxguru.in/corporate-law/applicability-rti-act-cooperative-societies.html

One of the since additionally made points, calling for a mindful consideration, is that pertains to the audit by a member of the CA profession, of the 'books of  account' of the entity, constituted by and for the common benefit / welfare of all its stakeholders, - being not only the purchasers' / residents' community,  but also the others such as, lending institutions, insurers, service providers, so 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

AT MAHA News- Ostensibly, there is no dearth of scope for>

ಮೇಲೆ
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more and more irritants , in store, to the already maligned 'buyers' !

Latest:

http://vswaminathan-swami...

(The viewpoints on the facet  / legal concept of 'final conveyance'- may be seen to be covered in  the related previous Blogs @ swamilook)

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

Sorry, For The Break ! Hope To Catch-up; ...

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Meanwhile,

A Wake-Up Call To, - Not One And All; But - The Ones , Who Going By The Wisdom Gathered In Hindsight, At Least Know /Are Consci (enti) ous Or Prudent Enough To Know - For Whom, After All,  The Bell Tolls !

click here

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

Wholesale/Overbearing Computerisation; ..

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mindlessly, having no regard to  the evils/hardships , and resultant misery, to mortals , that is potent with !

http://vswaminathan-swamilook.blogspot.in/2013/05/bl-selecteds-25-5-13-for-feeddback.html

Not to feel shy to share own thoughts.

Tail piece:

In a lighter vein, -intending no offence or insinuation,- anyone will do well to gently remind self, of that particular  episode in Oliver Twist' ; if remembered right (!) - the coachman doubly assures His Lord that the horses (drawing the coach) won't  shy, even  if they were to meet a wAgon load of monkeys with their tails burnt off)

(Sorry, for having left unedited !)

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: for the Day from DDA

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A Step Forward ; Aim Of DDA To Reform Realty ...

For personal views>

http://vswaminathan-swamilook.blogspot.in/2013/05/ny-thinking-at-news-welcome-move-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

AT News: for the Day from DDA

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A Step Forward ; Aim Of DDA To Reform Realty ...

For personal views>

http://vswaminathan-swamilook.blogspot.in/2013/05/ny-thinking-at-news-welcome-move-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

Another Fresh Wave or High Tide ? ; Caution- High Time for A ..

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Move Forward >>>>
 
Still in pursuit of self's passion - TOPIC cherished as the closest to one's heart

UNDERLYING MESSAGES, CLUES, HINTS, etc. @> NOT TO BE MISSED OR BYPASSED !

High Time to Act : As Time is running out; Count-down has begun !!!!
 
 


>@ II http://vswaminathan-

swamilook.blogspot.in/2013

/05/icl-modern-day-necessiti

es-to-read-into.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

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

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attributable to blissful ignorance;  feigned ignorance at that ?

In the May 31 Issue of TOI Supplement on property, there are two items of common interest, in the column by Anup Shah, a known law expert.

The expert’s answers to two of the readers’ queries should be of common concern to every apartment owner and /or a non-owner resident :

1. Rohini's query

2. 'A Reader's' query -(immediately following one)

These pertain to areas, more often than not, giving rise to disagreement, problems, altercations, also to disputes leading to litigation,  among the owners and other residents in an apartment complex. Hence, in one’s strong view, any solution inuring for the 'common' good has to be necessarily found not outside of but within the frame work of - that is, by keeping in full focus and in the light of, -the governing law.

Own observations (in brief, in that order):

1. It is honestly believed that, - rather it may be the conviction of anyone having a clear and close understanding of the law, particularly of the concept of 'common areas' as embodied therein, - any bye-law licensing anyone of the owners or residents in an apartment building to make personal use (as opposed to common use) of any such area as the exteriors of the building , -which , as per the law, is part and parcel of the common areas, hence required to be 'maintained' by the joint body (association) of co-owners- should be considered to have no leg to stand on; if so, would be non-est, rather a non- starter, any such license , if given, being prima facie repugnant to the law.

2. The given apartment(s), not having been made clear by the querist, may require to be presumed (which the expert also seems to imply in his answer) to be one of those very rarely come-across buildings in Bangalore. Reference is to the ones which have strictly followed the special law on apartments. That is, -not only the Act but also all related rules and regulations, of a material nature; further, both by the promoter-entity and its purchasers.

If so done, one can see no sound reason or logic why or how "non-members" (i.e. other than the apartments' owners) can rightly  claim to be not bound by, - or will have a valid defence to refuse to abide by, a decision of the owners, taken unanimously, or by a majority.

In any view, at least in principle that must be so; without going into the merits or otherwise of the kind of 'charge' in question and decided upon. It is, in this context, that compliance with the legal requirement of Form B assumes significance and importance.

Contrary to the impression given in certain quarters, such of the provisions of law in force as relate to “common areas” cannot be considered to suffer from any lacuna; much less of a material nature, as to enable anyone to use it as a valid defence for encroaching upon , by making personal use, of any part of the “common areas” within the meaning of the law.

KEY Note : Earlier Post herein, excusively on the topic of "common areas", may be found to provide the necessary backdrop.

 

 

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

New TDS requirement as per Sec 194 IA

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On this topic, which is of a recent origin, its applicablity to transfer of ;units' has cropped up. Personal viewpoints,  posed for stalwarts' / experts' opinion , have been posted,

@ TDS on transfer of immovable properties wef 01.06.2013 & How to pay   and

@ http://vswaminathan-swamilook.blogspot.in/2013/05/tds-woes-continues-persistently-with-no.html

Note: In quest of knowledge; others' thoughts and views should 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

Regulator for Realty - contd.

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The recent reports are sure to bring cheer to all concerned, especially those at the receiving end  but left with no hope for succour. The last of such report based on  what the housing ministry official himself said, certainly holds out prospects of a better future. Except that,  should one go by past experience is same or similar matters, the announced proposals in the bill could, at best, be regarded to herald the baby taking its long expected and anxiously looked-forward the very first proverbial 'step'. Except sending a fresh call of entreaty  to the OMNIPOTENT for 'help', nothing else could be done by 'we' the ordinary mortals.! Also,  Keep praying that our beloved State, besides others, suitably reciprocate and come forward to help out, forsaking the indifferent and recalcitrat attitude / stance maintained for long and thus far.

Referred AT Report @ Maharashtra Co-operative Societies Act, 1960 – Amendments 2013

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

MAHA Law on Flats

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An Added Dimension vis a vis Arbitration X Court Litigation

http://vswaminathan-swamilook.blogspot.in/2013/06/hsg-co-operatives-recent-dverlopments.html

Arbitration of Shareholder Disputes

>Comments posted - Reproduced below:

On the first blush, one is perforce tempted to raise the following basic points of doubt and posers of a fundamental but intricate nature:
 
As per one’s understanding, the dispute is primarily centered on the issue whether it is ‘arbitrable’ , or should  it be necessarily adjudicated ONLY by court. And, as noted from the sum -up in  paragraph 30, the apex court has handed down its view favouring the latter mentioned proposition.
 
A few of the thoughts, one may wish to share with legal fraternity, with a view to provoking an analytical study by them, in proper light, are briefly these:
On the matrix of facts as gathered from the SC judgment, it seems that, the property to which the dispute / primary  issue raised related are 2 “Flats” situate in Mumbai. On the premise that , therefore, it is a property which is governed by the special State enactment  called,- The  Maharashtra Ownership Flats Act (rtw its Rules), the implications thereof  would be of every relevance.
According to the commonly understood, so also lately accepted,  legal position, under the special enactment, while purchase  of a “Flat” is by  individual party, the entire property
(-“ the property”, with all its attendant rights and interests)  in the land and building, of which the “Flat” is a unit, vests with the co-operative housing  society, as eventually  formed and registered by the body of co-purchasers. And, it is only to such a  co-operative society (as opposed   to/distinct from  the individual Flats purchasers),  -as unequivocally mandated by the special law, -that transfer of the title to “the property”, along with handover of its possession,   has to be effected.
 
If due regard were to be had to the foregoing facets, and kept in sharp focus, to one’s mind, a serious doubt that arises upfront is this:
Should not the co-operative housing society, - assuming that there is one in place in the instant case- be made/impleaded a necessary party?

Perhaps, no pleas or arguments were made; and that explains why the court had no occasion to consider the foregoing peculiar clinching aspects. Be that as it may, the concluding portion of the SC Judgment reads, -“We however make it clear that we have not recorded any finding, nor expressed any opinion, on the merits of the claims and disputes in the suit.” As such, it is possible that, in the further impending proceedings,  all such additional  pleas and arguments, as briefly indicated, might come to be advanced, and if so, adjudicated on.
 
Now, Over to the legal fraternity, for further study and profoundly useful elucidation / comments.
 
KEY NOTE: This once again  brings to surface / sharp focus the utmost importance of having the formal conveyance of 'the property' finally effected by the promoter /seller/ transferor to the legal entity of  'Co-operative Housing Society' in case of "flats' , and to 'Owners' Association' in case of '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

New TDS requirement as per Sec 194 IA

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The debate/doubt on its applicability to transfer of Flat / Apartment  goes on and on, with no end in sight ; should it be so, and if so, why ?

For an update, invited to look up, and to keep doing so, the personal Blog @

http://vswaminathan-swamilook.blogspot.in/2013/05/tds-woes-continues-persistently-with-no.html

Note: Sharing personal experence anyone may have had since april 1, 2013, or as to what factually has since been happening, at the Sub-registrar's office, might be useful info. and guidance to all others 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

"Duress and Undue Influence" - A Legal Plea, if rightly ..

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and valiidly invoked, might help !

Very often, instances of any requirement – say, to sign a contract agreement, though prima facie because of its terms or conditions or the like being unlawful or illegal, or in any case highly objectionable, come to light but go unnoticed or not being made a conscious note of.

To readily recall one such instance: Not long before it came to be noted that lending banks , PSBs at that, requiring the borrower to furnish an affidavit in the form of a personal undertaking to repay the loan in the event of any deficiency in title or the like attached to the mortgaged property provided as a security for repayment. Albeit any such deficiency , especially where the property is an apartment or flat purchased from the promoter / seller is traceable to and for which the blame undeniably lies with the  promoter/seller, or original holder. If so, and were questioned, rightly so, strict legal position, it appears, is that any  such requirement thrust upon , even if been complied with by, the gullible borrower / buyer could be successfully contested as non-est.; not enforceable in law. That will be so, provided it is case coming within the mischief / on the ground of what in contract law is known as consent given under “duress and undue influence”  ; even if verges on but is strictly not tantamount to “coercion”.

Search Google for an answer; here is one specimen/ typical answer! >

 insitelaw - Law of Contract: Duress & UNdue Influence

www.insitelawmagazine.com/ch16duress.htm‎

An Extract>

< Duress and Undue Influence

There are two important cases at the foot of this section where judgments have been extracted to give you an opportunity to read more deeply.

Barclays Bank v O'Brien [1994] AC 180

A security obtained by misrepresentation or undue influence may not be enforced – the creditor should take pains to make sure that no unfair advantage was gained.

The Etridge case

Royal Bank of Scotland v Etridge (No . 2) [2001] UKHL 44; [2002] AC 773

 Introductory

Adam Opel Gmbh and Renault SA v Mitras Automotive (UK) L:td [2008] EWHC 3205 QB
Read this case to get a feel for the subject.

David Donaldson QC sitting as a Deputy High Court judge

"The general principles of the law relating to economic duress have been elaborated over the last forty years in a number of decided cases, and were not in issue before me. It was common ground that they are accurately summarised by Dyson J in DSND Subsea Ltd v Petroleum Geo Services ASA, [2000] BLR 530 at para. 131 and repeated in his later decision in Carillion Construction Ltd v Felix (UK) Ltd, [2001] BLR 1 as follows:

"The ingredients of actionable duress are that there must be pressure, (a) whose practical effect is that there is compulsion on, or a lack of practical choice for, the victim, (b) which is illegitimate, and (c) which is a significant cause inducing the claimant to enter into the contract: see Universal Tanking of Monrovia v. ITWF [1983] AC 336, 400 B–E, and The Evia Luck [1992] 2AC 152, 165 G.

In determining whether there has been illegitimate pressure, the court takes into account a range of factors. These include whether there has been an actual or threatened breach of contract; whether the person allegedly exerting the pressure has acted in good or bad faith; whether the victim had any realistic practical alternative but to submit to the pressure; whether the victim protested at the time; and whether he confirmed and sought to rely on the contract. These are all relevant factors. Illegitimate pressure must be distinguished from the rough and tumble of the pressures of normal commercial bargaining." 

At common law if a party enters into a contract under duress the contract may be set aside on ground of duress unless it has been affirmed expressly or impliedly after the duress has been withdrawn.

Duress may take several and various forms and, in particular, may take the form of economic duress, but whatever form it may take it must amount to a coercion of the will – such that there was no true consent.

The court will consider a range of factors in determining whether a duress was present and, in particular will wish to see whether the person coerced protested, whether he had an alternative course of action available and whether he sought and took independent advice.

Shivas v Bank of New Zealand [1990] 2 NZLR 327 >

THE ABOVE REFERRED COMMON LAW PRINCIPLES ARE NOT BUT OF NO LESS  APPLICATION, HENCE SHOULD BE OF AVAIL, ALSO TO CASES GOVERNED BY THE CONTRACT LAW IN INDIA.

Below is an extract from the text of an Indian court judgment:

< 41. Language of Section 16 of the Indian Contract Act 1872 shows that existence of a
subsisting relationship where one party is in a position to dominate over the will of the
other has to be established before establishing that an unfair advantage has been obtained
by a party. The common law principles relating to duress, undue influence, coercion etc.
rest on the principle of absence of consent. A person subjected to duress, coercion or
undue influence is said to have had his will overborne so that he was incapable of making
a free choice. But as law developed it was recognised that where the will is not
overborne but is deflected it would be sufficient to hold lack of free will. [See Lynch Vs.
DPP of Northern Ireland (1975) AC 653].>

Key Note: In one’s view, for many of the grievances aired against the promoters/sellers,  time and again, by the buyers’ of flats or apartments, mainly by reason of ‘one-sided contract agreement'  (To Sell or Of Sale) the scope for remedy will be worth exploring having in focus the indicated legal position.

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

B /F 1% TDS u/s 194IA of I T Act

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Section 194 IA – A Write-up

> More food for thought and serious deliberation

There is no iota of exageration in stressing yet again that the men in governance , in particular the law making machinery, is historically but regrettably known for the 'speed' (no better, rather worse, than that of a snail) with which to have  always 'acted', even  in such matters of 'public interest' , despite the far reaching adverse consequences,

For an instance that stares in the face, see the comment on that write-up, Having thought of, rightly so, and amending, also amended,  the  I T Act in 1988, the corresponding changes in the WT Act, though warranted hence should have been made simultaneously/ post haste , came to be effected only as late as in 1997.  In cosequence,in the interim, the attendant controversies and litigation were left alive and raging.

Incidentally, anyone, howsoever low-aroused or short sighted he be, is sure to have been left sadly wondering- Is  it not a matter for no less regret or remose  that, same way, none of  the changes for improvements which have been  of grave concern to this Project @Praja and noisily clamoured  for long are still nowhere in sight ?

 

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

I have just completed almost

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I have just completed almost reading of all the post and comments in this project. Excellent work and contributions by all the active Members.                                                

I really feel ashamed to become the President of one Multi storied Apartments with 127 Flats , without knowing these Rules. I really did not expect the Job will be so tough

I now pledge to improve my knowledge and work hard to protect the intrest of my co-owners who have trust on my Team and would like to use this forum to enlighten me on my task.

I thank all the Active Members, Mr. Murali, Mr. Sanjay , Mr. Ajit Naik , Mr.vswami ( hope I got his name rightly ) Col.Joshua and fActivist Shri. C.N. Kumar for their continous hard work and effective quality contributions for suitable amendments in the Rules and Laws.

I would kindly request the team to enlighten me on my current query.  

  I represent an Association, as President which is recently formed to highlight our woes and to co-ordinate with the Builders to get the finishing work monitored as per our requirement and as committed by the Builders. Upon getting elected, we have intimated to the Builders that, a few OWNERS have been elected as office bearers and requested the Builder to receive and send all future communication with them. We totally 14 officer bearers have been selected out of 127 Apartment OWNERS. In the election process it was attended and our election process was accepted by 64 Owners.

Out of 127 Apartments 30 Apartment pertains to the un- sold units of LAND OWNER and the BUILDER shares have been fully sold.

We have recently started the Association Membership and we are confident of getting around 90 + Owners to obtain Association Membership and we are collecting a copy of sale deed for our records for submission during Registration of our Apartments.

We have also upon electing our Office Bearers, have intimated to the Builders, to submit our Association for Registration under KAOA Act 1972 and so far no response from them.

We have had a meeting with the Builder and submitted him a List of facilities, work, requests from our side and they have give some commitment dates and we have made the MOM (mintues of the meeting ) and intimated them.

The work now is not happening as per our wish and the Builder is not responding properly to the Association mails and continuing his finishing work as per his will and wish.

There are still 8 Flats are to be taken possession by the direct OWNERS and around 27 Flats which belongs to the LAND OWNER share needs to be finished.

The committed common amenities are all half way like Gym , Indoor Game , Pool. The Parking space not yet allocated. Under this situation, we request, what should be our next move ?

How do we break this huge Rock ? How do we proceed with the Association Registration ?

I request to help us by your experience to come out of this crisis.

M S SHANKAR

A Silver Lining...

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 Expert panel will keep realtors, land sharks in check

"An expert committee would be set up to examine provisions of various Acts to recommend suitable safeguards,..."
 
For home (unit- flats /apartments) buyers, no doubt, a welcome news. Hoping on hopes, as always ever, they may be enthused with a feeling of relief, howsoever week or of low-intensity that be. The only solace or relief has to be found in the belief, - Better Late Than Never. The matter of public regret is that the men who have had the powers of governance from time to time in the past in the State but for so long have never cared to address selves to an area which had remained neglected , rather over-sighted , for too long to be justified for any sane reason. Having at last taken the initiative, it can only be expected that it is taken forward with all sincerity, on a top priority basis, and reforms are put in place ; and implemented in as effectively and speedily as feasible, but in a wholesome manner.
 
No need to specially add,- the empowered authorities are sure to find enough clues and guidance -galore, in public domain, in the form of grievances aired by the affected public . To be noted, those are not confined up-to the stage of acquiring,, but continue even thereafter; that is, after put in possession and start living as a community. This is in no small measure attributable to the crucial fact that suitable changes have not yet been made, though inevitably warranted, in the State Co-operative Societies Act, for bringing in the housing societies within its purview of administration. As is common knowledge, States like Maharashtra have for quite long  been in the lead; and set an ideal example, as a trend setter, for the others lagging far behind to simply follow.

 click here.

Key Note: If perspectively observed, this new initiative from the government  may prove a real opportunity for everyone with vested inerests, mainly  the RWAs, so also the promoters of this Project, to seize, and  revive and devotedly follow-up their avowed objective and endeavours with no more let-up.

 

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

KAOA REGISTRATION.

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We could able to see from all the posts and comments that presently the RWAs cannot be registered under KAOA 1972 act as this Act does not have any authority under whom it can be monitored and Registered. Is still there is no resoltuion for this ? it is very pity and sad.

M S SHANKAR

'Luxuries' Vs Uttar Pradesh Registration and Stamp Duty

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Now, it is the turn of the UP Stamps to venture and 'legislate" ?!

AT NEWS here>

Pay extra stamp duty for every facility provided in complex

PERSONAL COMMENT here>>

http://vswaminathan-swamilook.blogspot.in/2013/07/intellect-x-or-v-intelligence.html

Is this not a demonstration of a clean betrayal -an obnoxiously daring Attempt to yet again fail the fundamentals -of The 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

B /F 1% TDS u/s 194 IA of I T Act

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For More >

Section 194IA of I T Act- A Critique (Supplement)

Note: First Write-up since published in,-

2013  KLJ PART - 7, pg. 126

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

Concept known as - 'co-operatives' !

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RTI ACT…for Cooperative Society, Applicability?

http://feeds.feedburner.com/~r/AccommodationTimes/~4/8SAxgk8UIPk?utm_source=feedburner&utm_medium=email

Procedure for registrar to bring defect to notice of society

http://feeds.feedburner.com/~r/AccommodationTimes/~4/3oUZKci-Q5o?utm_source=feedburner&utm_medium=email

And Many More * – All in a bunch Today from AT on MAHA News !!

As before, sharing the numerous info., but simply/simplistically  for sake of  Info., and joy in sharing !

Anyway, no purpose could  be served, in the foreseeable future, for the natives /residents of other States e.g  KAR.  For, it goes without saying that, KAR and several other States have yet to take even the long awaited initial ‘Baby Step’ – firstly, towards having housing societies (associations) brought within the purview of the decades-old State Co-operative Societies Act.

A noted legal luminary and visionary , a distinguished humanist, of our own times, is remembered to have said, though in another but not an altogether unrelated context :

<  We as a nation have historical reasons for not minding   or least bothered  over inordinate but avoidable delays; that is, in not believing in the fine quality of sense of time but evince a relaxed attitude  to time.

Ancient India had evolved the concepts of eternity and infinity ; so what if years  are wasted  in ... against the backdrop of eternity. Further we believe in incarnation; so what does it matter if you waste this life; as  you will have many more lives in which to make good. >

These words , though tinged with sarcasm but of a sublime quality or subtle in nature, are sure to provide the necessary comfort /solace ; and pacify among others, the very few of the surviving bureaucrats who by nature, left to themselves, hate to think or act at a pace even to leave  snails with self pride !

* A cc of the daily mail from AT being fwded. to an active member on this Project, again for sharing.

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-operative Socities Act - 97th Amendment of ..

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<No end to suspense over :

Bill to rein in builders tabled in Rajya Sabha


<> Off-hand:
Why the threshold /entry limit of 12 apartments, instead of 5 apartments as in the State(s) Acts in force?
Why in the proposed legislation should not be suitably covered,  the subject matter of the 97th amendment of the Constitution?
< For, that, in the common perception, has the laudable objective namely, a better administration, functioning, and good governance of housing co-operative societies, which is an area  left neglected for long.  Moreover, the mentioned  amendment, has , by and large, so far not received the expected  favourable reception and close  follow-up action from the States; perhaps, the only exception is Maharashtra.
Over to the legislators, also social activists, for deliberation and follow-on!
 
< Albeit, seemingly too late in the day, to persist with the hobby of harboring hopes on hopes, lobbying for that silverlining !

 

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

Endless Search; BUT STILL ON .......

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A Couple of New-found Leafs :

Here >

http://eraredwoodfbd.blogspot.in/

And Here >>

http://eraredwoodfbd.blogspot.in/2013/06/national-consumer-court-compensates-for.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

"Deemed Conveyance" - Remedy worse than the malady (evil) ?

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For Updtate refer the lately posted comments @

Deemed Conveyance of Cooperative Housing Society's land - A Fiction on 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

AT Updates

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AT today's

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 Updates contd.

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Real Estate Appellate Tribunal to be established by new RERA

Among others, one is not clear on, how and when the RERA  is likely to become  a reality in our and other States which have disappointed the consumers (buyers) by  staying far behind even in taking the initial steps e.g. in Karnataka, amendment of the KAOA  and KCSA.
Other reported Developments, HERE >>
 

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

B /F1% TDS u/s 194 IA of IT Act; Add-on >Concept of "Mutuality".

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contd.

1. Concept of "Mutuality" - Does the age-old Concept now stand Refined by SC ?

In the KLJ Issue referred in the related previous post has been reported also the SC judgment in re. BANGALORE CLUB. That  deals with the concept of 'mutuality', invariably  invoked and relied on by members' clubs,  bodies of owners of flats or apartments , so on, for claiming tax exemption of income arising from common funds parked in bank deposits, etc. , and thus far with sucess.The cited SC case ruling ,pg. 475 of the KLJ Issue, it may be noted, is based on a fresh line of reasoning and prima facie runs counter to the thus-far-believed and obtaining  legal position.

For one's individual reaction, the comment posted on the website of itatonline may be looked up.

2. On the topic of 1 % TDS u/s 194 IA, the 'Supplement' to the first write-up has since been published in 2013 KLJ  PART-8 (August) , pg 153.

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

<Rider

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Re SC- itatonline Link>

M/s Bangalore Club vs. CIT (Supreme Court)

 
January 15th, 2013
 
This calls for a resh application of mind and coursec of action to be decided and followed, by one and all concerned; particularly, the husing socities , RWAs, Apartment  Owners' Association, etc.  To seek and obtain, in writing, a well-considered and -founded Advice of a competent Tax expert / Professional might be advisable; rather, it appears, is inevitable.

 

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

From itatonline: SC News On "FLAT" ....

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An update

Hill Properties Ltd vs. Union Bank (Supreme Court)

The court ruling pertains to “FLAT”.

Covered  in some detail in the personal Blog  

@  http://vswaminathan-swamilook.blogspot.in/2013/09/flat-occupancy-ownership.html

< More Food (a plateful) For Thought, To the Delight of Law Experts ! 

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

Alert to anyone having time and mind ..

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to travel nto the future (same way as often-heard-of , - advance booking for a journey to any other planet, years hence)  >

 
No idea if a similar experience obtains or even now exists in old apartment complexes? To my mind, however, the 75% , not 100%, being regarded as a 'majority' for such purposes might not arise or be permissible, as per the distinct concept and criteria special to such complexes !
 
Shudder to even wildly imagine as to what would happen (though inevitable)should a like situation or development take place/faced with by old apartment buildings!  
< simply sharing a thought, ALBEIT NOT AMUSING or PLEASANT, for this 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

Regulatory Bill vs Deregulatory Forces

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The points made in the article in Business Standard , -  Construction firms caught in a cleft , wrt infrastructure projects hold good , rather obtain with greater force, to firms in housing  (FLATS) constructions.

Comment ( as supplied):

",,, caught in a classic catch-22..."

"....because of issues over land acquisition, financial closures and environment. As projects got ..." 'catch 22'?

To put it in one's own language for a layperson to readily understand> it also points to the lack of economic / financial wisdom in improper planning/budgeting; and more strikingly, going ahead with any such project without the elementary /fundamental requisites such as, the necessary approvals / clearances for land, environment so on, not taken care / in place. Proceeding with one, when the planning is simply not even half-way through but objectionably  incomplete/half baked, on the drawing board itself, is an instance of foolishly putting the cart before the horse,- often not even knowing or ascertaining that the horse is still in the stable, not already bolted away. Equally holds good also to house buildings construction.

But all these obnoxiously irregular practices are being indulged in, time and again, with no scruples ; but at what / whose cost; no wonder the national economy, already in shambles, as ever remains endangered?!

KEY NOTE:

That may be noted to explain, why the Regulatory Bill, fighting shy for so long to see the light of day, essentially mandates:

1. Promoter should have in hand all approvals and clearances, as a pre-requisite for promoter, to launch a project; and

2. Time bound completion and have evidence i.e OC (or CC) for proving it, before going ahead with (a) "conveyance" and (b) "final conveyance".

<For knowing what these two concepts (a) and (b) really mean or essentially  and strictly connote in legal parlance, refer the related Blogs @swamilook. 

   

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

Good To Know The Goings-on In And Around >

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News for complaints against builders By Divya ...

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-Ohio-1001.pdf

Invited to Visit SC Room AND Listen Proceedings >

< The cited SC Opinion requires to be made a special note of; for, that should be an eye-opener  and be of positive guidance and direrctional value to anyone still remaining clueless - inclusive of his advising lawyer / law office- if and when confronted with odds, such as, a one-sided and incomplete/deficient contract agreement, having been signed by a buyer , educated or otherwise, blindly, on dotted lines.

 

 

 

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

Apartment Law- Yess: YOU MUST know; but then,the long nurtured-

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wish /aspiration to create an awarareness , it appears, is going to take many light years before it comes to be even remotely fulfilled ! If Don't Agree, Read THE JOKE Here >

UPOR or PR Card-All property details in one card for Karnataka

(Side Dish : http://basunivesh.com/2013/08/13/bangalores-property-revised-guidance-value/ )


Impromptu:
“....For apartment’s stair case or common terrace nobody will get PR card for these areas. But for places like parking area or playing area PR card will be issued saying the right of all apartment owners....”
 

Ostensibly, such statements do not make any sense; in any case, require application of mind and necessary clarifications. For, in a manner of speaking, these run counter and is tantamount to almost rewriting / overriding what the State enactment in force specially governing ‘apartments’ provide.
“Common areas”, as envisaged by the law, very much include areas such as stair case and common terrace, and constitute part and parcel of the apartment complex belonging to the purchasers. To the exclusion of the areas inside each individual apartment of which the purchaser becomes the ‘owner’, all other areas become vested in the purchasers/owners, jointly, as a community and falls to be maintained by /under the control of the legal entity -owners’ association, formed by them. Subject, of course, to the exceptions namely, any portion out of the common areas, marked, designated and conveyed as ‘limited common areas’ and ‘parking space’ to individual apartment purchasers (see the special definitions in the law itself).
Accordingly, therefore, the referred confusions sought to be created, unwittingly or otherwise, ought not to be glossed over but need to be nullified/set right by the government (s) and its concerned empowered authorities, before the lately mooted idea of ‘property card’, reported to be on the cards, leads to further muddling /messing up of the already obtaining disgusting state of affairs in the realm of implementation and enforcement of the property related laws.
 
Agree Now ?


 

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

SC on VAT

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Latest Here >

Will you have to pay VAT on your flat? SC ruling to push up property ...


 L&T judgment opens a Pandora&apos;s box | Business Standard

Personal Blog  @ -

http://swaminathanv208.blogspot.in/2013/10/legislative-competence-v-presidents.html

This strikingly marks yet another opportunity coming in the way but lost by, besides  the legal fraternity, everyone else directly concerned / adversely  impacted.

A Wishful Thought  > Would not the turn of events have been altogether different had , seizing the opportunity, the judiciary been devotedly assisted, so as to bring to sharp  focus and appreciate, besides the true implications of the State enactment(s) having regard to its letter and spirit, the very objective 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

Here Is More To Share on "Nomination" >

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ET
Will a nominee inherit your assets?

Find out about the types of investments that will automatically be passed on to a nominee and those that can only be claimed by legal heirs.

<> Ref. Para -“Property in cooperative housing society”

It is simply sketchy; further,  blatantly fails to even take a brief note of and bring to focus  the reality that, by and large, the State enactments applicable to flats or apartments have remained only on the rules book but never been /complied with /  followed, -more so, not taken on and ensured to be  implemented and enforced. In other words, ‘housing co-operative society’ spoken of, though ideally required to be formed and registered, is, by and large non-existent, in many States, mainly such as Karnataka. So much so, for obvious reasons, the suggested effecting of a ‘nomination’ might only prove a non-starter, hence cannot conceivably be accomplished. A brief sincere scouting around, -for that matter, even a glance through the plethora of information / material readily available on popular websites e.g.  praja.in  ( ref. related special project) , besides case law, -should be of help  to anyone, having the wish and will,  to know about the long obtaining state of affairs but continuing to be unwisely and nonchalantly ignored or over sighted, unwittingly or  otherwise.

Bonus (post DIVALI) :

 

Comment on the article ''Panel to frame norms to help apartment owners'' is now displayed on timesofindia.com.

  ''Not at all surprising that ,-"There are no comments on this article yet." Coming to think of it > While the reported development in a way makes for a breather, nonetheless sounds a bolt from the blue. No commoner seems to have even heard of before hence no knowing what the two ‘Bills’ and one “Bill Act” really refer to. As to what exactly those are and do have in store for a betterment or improvement of the long obtaining state of affairs remains a mystery. At least a brief account would have been of help. To add, -no useful info. is readily available even in any of the realty related governmental or other websites. Any help? ''
  To reply to this comment , or see the whole conversation, click here.

 

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

More Developments On The Realty Front >

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For Updates, if so minded / interested, may look up >

http://swaminathanv208.blogspot.in/2013/11/realty-o-realties.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

KAOA REGISTRATION PROCESS

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With great difficulty and unity we could able to achive our GOAL of Registering our Multistoried Building under KAOA Act 1972 on 12th December 2013. 

We were really taken for task and ride by the Registrar  Offices, where we were forced to take a tour to many Registrar offices to accomplish the KAOA process.

The First Registrar office where our Registration was schedled , regretted to undertake the Registration stating that, it is time consuming and as we have already taken along with us all our SPA volunteers, who are all IT working professionals,  We approached another Registrar office and there also we were denied the Registration and finally we were forced to catch hold of a mediator to do this process at somewhere else with his influence our process got completed bu the mental agony and time spent by us to achive this is too much beyond expectations.

As this Registration does not fetch more income to the Govt, but the process and formalities are almost one half day data entry work, most of the Regstrar offices do not encourage this Act Registration and they take this activity with Least priority.

Our experience was the worst and ofcourse we had no options, as we do not have time to postpone as some of our Special Power of Attorny Holding volunteers were to leave India on their work assignments, and thanks to all our Owners and SPA volunteers, who had confidence and trust on our team in accomplishing this task.

Today we are one among the proud KAOA Registered Association WHICH is called as- Mahaveer Chalet Apartment Owners Association -MCAOA.

 

M S SHANKAR

Registering our Multistoried Building under KAOA Act 1972

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Dear Mr. Shankar,

What are the documents you were able to register with the Registrar? Will you please explain in detail the circumstances under which you were forced to register the documents under KAOA, 1972? Did your builder co-operate with you? Have you registered Declaration in Form "A" as required under KAOA, 1972? Have you also registered the Bye-laws in form "B"  and sanctined plan.

Please write in detail for the benefit of the members.

Regards,

Ajit N. Naik

Our Process of KAOA Success Story.

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Respected Ajit N. Naik sir,

1. Our apartment consisting 127 flats and 100 has been sold and 27 is retained by the Land Owner.

2. The Builder did not co-operate with this process and we have obtained the sanctioned plan from BDA under RTI and have appointed an Architect to certify the details of the construction as per sanction plan and this was registered as Exhibit A and Exhibit B .

2. We could able to mobilise around 88 Owners out of 100 Owners for the 1st Batch of Registration.

3. We have Registered the Deed of Declaration under Form A and Bye laws in Form B and also sanctioned plan as Exhibit A and Floor Plans as Exhibit B and also Schedule -1 consisiting the details of the all the Owners of the apartments, their addressess, their UDS , % of UDS, Built up Area, sale deed value, sale deed reference numbers, details of the Registrar office where the sale deed were originally made and no of car parking.

4. We have follwed all the processess and it took 6 months for us to complete this process.

5. Have called for 1st GB  2/3 rd Majority and  formed an adhoc committee and got authorisation for the Adhoc committee to work on the process of KAOA.

6. 2nd GB with 2/3rd majority fixed the Adhoc fees,, consultant and fees.

7. 3rd GB got authorisation for the adhoc committee to frame  draft Bye laws in accordance with the provisions of KAO Act 1972 , special power of attorney ,draft deed of declaration,etc.,

8. 4th GB approval of draft bylaws, draft deed of declation and volunteers for special power of attorney.

9. obtaining  Special Power of attorney Inland and abroad and validation of the same and Noatary.

Finally Registration.

Further we need to comply with the other procedure of submission to the competetent authory - Registrar of societies, the above registered documents.

Sir, I hope we have follwed all the process and if any is left out, please let us know.

Thanks.

M.S.SHANKAR.

 

M S SHANKAR

Right / conveyance of “Car Parking” under KAOA

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 Unlike KFOA , the KAOA, in terms, provides for purchaser’s exclusive right to conveyance of “Car Parking”.

For more, the personal Blogs @swamilook on the topic of, - "car parking" ; and

the comment last posted @ http://bangalore.citizenmatters.in/articles/42and02-the-apartment-law-you-must-know#comments

may be read.

Pointedly, @ http://vswaminathan-swamilook.blogspot.in/2013/09/car-park-in-housing-complex-problems.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

TOI exposes the historically on-going unholy war between, -

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'Governance' and  'Karnataka'  (Not in bad company with the most other States) >

 
As commented :Begging to correct the ‘Experts’, is it not more appropriate to truthfully say / solemnly declare that it is the men in power, individually or as a group, from time to time and the coterie / its empowered authorities over the period who have persistently failed the State and its People; and in every walk of life ?! 
< Other honest, sporadic  thoughts, but likely -to-be-dubbed, despite unwisely so, as weird: 
 
KAR is an outstanding example / specimen where it is not even a fit case to pretend or plead  as 'poor governance; but is of 'no-governance' in its profound sense! As vociferously clamored for , so also guaranteed by the nation's basic charter, the three dire needs of humanity any government in place, to be worthy of the very concept,  is expected to dutifully take care are, -  'kapada', 'roti', and 'makaan'. Consider just the last one on a random selection ;and inquire  what has been happening to shelter above the head ?

For deciding who has failed what, worth reminding self of what 'nani' had to say : It is not the Constitution, as foolishly claimed or believed ,  that has failed the people; but it is the people, endowed with the quality of low arousal, who have failed the Constitution ! 

The naked truth and blazing wisdom behind what the great humanitarian of our own times said can seldom be omitted to be realized to hold good with equal force to several facets of life., For instance, even if 'Constitution' were to be substituted and read with any other in its place, such as, - any of the profoundly principle- based rules , be it in any enactment on the statute book, norms, rules and regulations of the governments - including local authorities, of which at least some if not all, have unmistakably the laudable objective of serving the common good of the very same people choosing to perennially remain and live 'low-aroused'.
 
Tail Note: It is no-less a sad commentary that, disgustingly /disappointingly , neither in the subject article or the writers'  own and other comments thereon, there is even an oblique reference, nay whisper, about the decades-old special enactments, etc. supposed to govern  the property of, -flats / apartments, crying for implementation, to the end of redeeming / retrieving the hapless victims from the long continuing miseries , hence perforce living in 'sin' .

 

 

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

'Government' with a gaping hole, NO-GOVERNANCE !

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The previous post is eaernestly intended to serve as one more wake-up call to the RWAs and like concerned others. And,  it is upto them, excusively for them,, to devoutly consider and decide whether to listen or not, before it meets the fate of another misssed call (missed with no rhyme or reason / genuine excuse !)

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 'tamasha' in the national thetre (courtesy -BL) !

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Or is it ‘rollercoaster’’?-  For keeping THE PEOPLE of our this great nation, perennially inspired, and  gay and in good  humor, -come -what - may ! all in the name of ‘policy making’ >

Regulating the regulators

"....The government has realised that the concept of super regulators will face several implementation issues. As a result, super regulators, both in the financial and environment sectors, could not be formed..." 
If perceptively considered, or intuitively foreseen, it seems, the implied grave apprehensions over the ultimate success of a 'super regulator’, are most likely not than  to come true, in any event in the near future; especially, if cue is taken from , and should one keep in mind, the thus far no-success but sloppy progress made, in regard to a like, though not an identical concept, namely centralized regulatory for the realty sector. The point stressed is that, most of the States (including Karnataka , one's home State, never known to lag behind but ever in the lead, in most such respects ) -  have yet to take even baby steps to meet anywhere close the intended objective of the mooted new legislation. Experts at large would, therefore, do well to have that discouraging experience in focus, while venturing to frame and offer the individual ideas /suggestions on the proposed institution of super regulator, in response to the invitation extended as a matter of convention or routine practice but seen to be lacking in sincerity.
So much so, the related epoch-making (so-believed, rightly or wrongly, but only time will tell) 97th Constitutional amendment as well has been involuntarily or otherwise pushed to remain in the back burner.

(Left open 'unedited' as ever; in the expectation of concerned others chess up and make a usefull move)

 

Tit Bit (to enthuse and look for not-so-obvious clues):
On Game of Chess (successfully played only by exalted super brains) -
Q
Two Rooks by The U.S. Chess Federation and Peter Kurzdorfer
This is the simplest and the easiest to execute of the basic checkmates. It is the same whether we use two rooks, two queens, or rook and queen. The strong king isn't even necessary, and could get in the way if you aren't careful.
The Checkmate
The final checkmate will have the weak king on the edge of the board. Either the a-file or the h-file or the first rank or the eighth rank will do. But don't think you can checkmate a king in the middle of the board unless he cooperates or you use your own king to 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

Don't Stop But Keep Moving The Coins - in the hope of ..

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Checkmating Some Day (?!)

No Sense of Priorities = No Governance

Toi Today

Vertical growth only way out for Bangalore: CM Siddaramaiah - The ...

"The floating population of the city is 20-25 lakh. The vehicular population is also nearing 50 lakh. Everyone wants to own a house in Bangalore . Every Tuesday during my Janata Darshan programmes, 25% of people come seeking houses in the city. Vertical growth is the only option to meet the demand for housing," he said.

May be or may be not; but certainly not require to be given priority. More so, if government were to have in focus the predominant expectation and most concern of those who are already owning and / or residing in the existing high rise buildings, which is this:  When our long pending grievances requiring to be taken care through proper regulatory /legislative measures, though promised time and again but waiting in a long ‘Q’, are going to be attended ?! To be specific, one is the repeated pleas made for an amendment of the Co-operative Societies Act to bring within its purview ‘housing societies’, at least now,  in line with the 97 th Amendment of the Constitution made effective since months.

A Side Dish (MORE BITTER)

19 MLAs, babus are on a Down Under holiday


 

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

SC Ruling on "Common Areas"

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Thoughts to share:

 Regulations on apartments have fallen flat - The Hindu

Aug 21, 2012 - The Karnataka Ownership Flats (Regulation of the Promotion   of

       Construction, Sale, Management and Transfer) Act (KOFA) and Rules 1972...

Lack of clear-cut laws has helped dodgy promoters take uninformed buyers on a litigious ride”

Those are manmade laws; as such, could only be expected to be no less imperfect or incomplete as the maker himself is ordained to be. May one ask: Has the fact of life ever been any different?

That takes one to the moot point arising for discussion lately in the after math of Ruling in the sensational 2010 SC Case on the concept of “common areas” decided under the MOFA.

The proposition calling for in-depth study seems to be really this: - Any point of issue, even if it arises under either of the two twin enactments - MOFA AND MAOA, must be necessarily decided by reading/construing both the enactments together, harmoniously; not either in isolation/ on a standalone basis.  Logical reasoning:  Both are mutually complimentary; and neither, in terms, is a complete code by itself.

According to a school of thought, -found echoed in an article published by Accommodation Times,- most of the confusions and controversies could be obviated by having a single comprehensive legislation for governing ‘units’ of a building.  

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

THE MOMENT OF TRUTH ?

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The Moment of Truth Hath Come ! Anyone to disagree ?!

A Well -Meaning, - Intended, but caringly given, WAKE-UP CALL (painfully repeated once more, but with a strikingly different stroke)!

>Time to wake up- it is NOW (if not awakened/ aroused thus far).

The proverbial Moment of Truth *, -anyone, with a public- centric approach but profoundly endowed with that  basic  faculty of common sense, - cannot wait any longer TO  Solemnly swear and Affirm ,- HATH COME !

Look back, to remind selves, the utmost  concerns given vent / aired vociferously, nay thunderously, in the very initial stage of this project over the inherently confusing concept, – “COMMON AREAS AND FACILITIES”.  Look Now, - into, rather  through, besides others, the judgment of the highest court of the land, - if devoutly interested to know, - how the self-same concept has come to be interpreted,- causing discomfort not to the purchasers community  alone, but  to the promoters as well, in equal  measure.

To provide a few clues:

Principally, the intended reference is to the lastly reported SC case - Nahalchand Laloochand P.Ltd. vs Panchali Co-Op ... - Indian Kanoon, in which the above concept has been gone into.

To be precise, the cryptic observation in that judgment, which reads, -

“It is, thus, clear that the PROMOTER HAS NO RIGHT TO SELL `stilt parking spaces' as these are neither `flat' nor appurtenant or attachment to a `flat'. (FONT supplied)

This particular finding, endorsing a similar finding in the HC’s judgment under appeal, has, as is common knowledge, given rise to a fresh spate of controversy but of a different nature; though in one’s conviction, neither warranted or called for. Own well considered reason is that, at the best (or worst!) , the said finding could, having special regard to the facts and circumstances of the given case , be rightly taken to be merely an ‘obiter dictum’ ; as distinct from the concept of  ‘ratio decidendi’, so as to be construed to have a binding effect and applied uniformly to all other cases.

To have a bird’s eye view of the controversy floated around, and very much still in circulation, read the media reports; for samples, -

For sampling, if inquisitive, may have look into the media reports @-

Illegal! Builders Can’t Charge For Parking Spaces-Legal Eagle Reports

Builders can not sell stilt parking areas – Supreme Court ...

Implementation of SC order on parking will be difficult, say city ...

'Flat prices will go up to recover garage cost' - Times Of India

http://www.legal-path.com/supreme-court-judgment-car-parking-issues-controversial

*If inquisitive enough  to intimately know what that historical phrase implies/means, may have to  lok up-The moment of truth posted by Marky Mark; further, the informative reply by Victoria S Dennis  @http://www.phrases.org.uk/bulletin_board/44/messages/814.html

If perceptively viewed and incisively considered, -in the aftermath of the referred court case, the fundamentally crucial “ownership rights” of purchasers of ‘Flats’ itself has come to sound, in own view wrongly so, suspect.

NOTE: Requested to read this post as follow-on of the earlier post herein @ SC Ruling on "Common Areas" ; to remain specially  focused on  its concluding sentence.

Also, look into the judgment of the other SC judgment; though settling a tax dispute,  in re.   Podar Cement Ltd.-  reported  in 226 ITR 625 (also @ podar cement - Indian Kanoon.

That is a tax issue oriented case. Yet, may be noted, the court has , in its wisdom, gone to the very roots of , and eminently discussed , the concept of ‘ownership’ rights of a property holder, so also of  holder of a flat.

In the context herein, to aptly quote an eminent Judge, for sampling:

< The purpose of law is to prevent brooding sense of injustice. It is not the words of the law but the spirit and eternal sense of it that makes the law meaningful.>

<This Court in Shin-Etsu Chemical Co. Ltd v. Aksh Optifibre Ltd. and Another, (2005) 7 SCC 234 has observed:

69. If the court thinks that an issue does not arise, then any observation made with regard to such an issue would be purely obiter dictum. It is a well-settled proposition that the ratio decidendi of a case is the principle of law that decided the dispute in the facts of the case and, therefore, a decision cannot be relied upon in support of a proposition that it did not decide. [See also: Mittal Engg. Works (P) Ltd. v. CCE, (1997) 1 SCC 203 at p. 207 (para. 8); Jagdish Lal v. State of Haryana, (1997) 6 SCC 538 at p. 560 (para. 17); Divisional Controller, KSRTC v. Mahadeva Shetty, (2003) 7 SCC 197 at p. 206 (para. 23).] >

(Source; SC judgment in Girnar Traders vs State Of Maharashtra & Ors. Dt. 11 January, 2011 -Author: S Kumar J)

http://indiankanoon.org/doc/1383496/

Left unedited

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

One More To Add To The Extant Concerns

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That IS about Service TaX:

If Still Not Aware hence Not To Worry / worried >

 

http://apartmentadda.com/blog/2012/06/14/service-tax-housing-society-apartment-complex-owners-association-budget-2012/

 

Sorry ! Sadly, the main Post so also the readers' comments are, by and large, seen to have simply raised more and more doubts, getting into deeper waters, simply adding to the confusing scenario; but with no clue for any useful guidance. Though expect6ed, no clear-cut helpful clarifications, so far known, but as was not unexpected , have been forthcoming from the men in governance/ concerned taxation authority .

By way of sharing own thoughts, for further deliberation:

1. Does not the known but often over sighted concept of "mutuality" provide scope for at least a stance to take, not without substance, for defending any action for levy or collection of the ubiquitous 'ST" ???

2. Certainly, this appears to be a matter to be resisted and/or fought on the "first principles"; not to be gone by any view sought from and offered by a professional, such a CA; for that matter, not even a' lawyer ' can be taken to be competent or adequately equipped to furnish any opinion because of the very dubious nature of the so-believed cum attempted levy itself.
 
Anyone to Share In Return  or EXChange ?

 

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

LAW vs Case Law (SC)

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A Feedback:

Attention is invited to the write-up displayed

@Nahalchand's Case

http://swaminathanv208.bl...

That discusses the SC Judgment in Nahalchand’s case, a civil law dispute. The court’s observations and findings have been analysed with particular reference/ having special regard to the enactment of Maharashtra for Flats –MOFA (1963); and also to that on Apartments, - MAOA (1970).

The attempted study could, it is believed, provide incisive clues and may prove useful in likewise taking on/ tackling certain issues, pending in court litigation or elsewhere, under the law on Apartments of Karnataka (KAOA) as well.

Unlike in MOFA, no doubt, in KOFA (1972) the definition of ‘flat’ has not been so framed as to make it explicit that it includes ‘apartment’. Even so, it appears, the same suggested line of reasoning could be pressed into service. As visualized, if successful, that should go a long way in resolving a major, or perhaps a few of the other obstacles, being presently faced by reason of construing KOFA and KAOA as two mutually excluding and independent enactments. In fact, that should be on a strong/better wicket; for which purpose, among others, the PREAMBLE in KOFA might greatly help.

For, under STATEMENT OF OBJECTS AND REASONS in KOFA, the opening sentence reads:

“Separate law is being made to declare that flats or apartments in multistoreyed building may, for all purposes, be heritable and transferable immovable property”.

By necessary implication, that means, rather makes it imperative that, the two enactments are to be read together in any one or more such instances as warrant doing so for giving true effect to either. Two such instances are, - when faced with hurdles at the Registry and the ROCS. In any case, it seems worthwhile to give serious thoughts over the suggested angles, and if so agreed, move forward accordingly. As imagined, if so done, the host of extant RWAs and others left in the lurch may have hopes of getting out of the quagmire those are stuck in for long.

Some of the observations/viewpoints of the SC in Nahalchand’s case, - such as the court striking down the declaration(s) provided by flat takers to promoter as ab initio void, go to demonstrate what view the courts are likely / be inclined to take in respect of any one-sided and fraudulent action on the part of promoter. 

Now, it is left to the activists, to consider and pursue.

KEY NOTE: In Karnataka, buyers are strikingly at a significant disadvantage; in that, unlike in MAHA, KAR, so far as known, has not provided for an unilateral action by buyers, in the event promoter fails to comply with the mandates of forming a co-operative society/owners’ association, with buyers as members, and “final conveyance” in its favor. So much so, in such a situation, may be, the buyers are left with the only recourse to coercive action / criminal proceedings.

The other possible alternative one can think of is civil law remedy known as suit for “specific performance”. This is an avenue that, to one’s knowledge, has remained to be explored; though not known why so! – Is that not so?

 

 

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

WAKE-up Call (Repeat ?th time)

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In the latest published (by Noble Book House) book (Edn. 2014) On Flats/Apartments, one finds a useful compilation of case law (updated) , besides commentary on the provisions of MOFA and MAOA.

Worthwhile for one and all devotedly concerned not to avoid but mind to carefully go through its contents, in order to  updating one’s own ‘info.’, and ‘knowledge’ on the intricacies of the several implications of the two enactments.

And with special focus on inter alia , -

Under MOFA

Sec 2 -Promoter’s inescapable duty / obligation to comply with each and every mandate  of the law, with no excerption or reservation

Sections  4 and 4 (IA)  

Sections 10 and 11

Legal concepts of “Specific Performance”; “Part Performance”, etc.

Limitation for legal action against erring / erred promoter – per case law, it is open ended, so long as failure to comply continues (known as ‘continuing cause of action’ and so referred in decided court cases).

On the last mentioned facet, attention is again invited to a couple of write-ups displayed in public domain (websites)(ref. given in an earlier post)

Also, one of its revised text lastly inserted HERE @  LAW and YOU

(May be contd.)

NB: Spl. request to Promoters / Admn. - for the common benefit  of the rest , may you share the contents of this project with other networks (websites); if agreed, and  in a manner considered by you appropriate !

KEY NOTE: To know why this and earlier posts must be of concern, also to the aggrieved commoners in Karnataka, refer the concluding paras in   - HERE @  LAW and YOU

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 Service Tax et al

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Taxation of Cooperative Societies Under Direct & Indirect Tax Provisions on TaxGuru!

Not Unrelated:

ref. earlier Posts on SC on Stilt Parking>

Any such specially limited facilty , if remaining unsold, for whatsoever reason,  to the Apartments' Purchasers, on the final conveyance to the owners' association of the building complex , will be a property automatically vesting in the Owners' Association. As such, it is the Association/the elected MC who would be so;ely  responsible to , for the attendent puroses;  that is, the purpose of its accounting books, property tax, so on,

No need to add that, in one's long standing conviction, it could be lawfully and validly ureged tghat, for all related ACTIONS / INACTIONS, it is the MC in place from time to time, who, as trustees/ trusted representaives of the entire community being the co-owners of a building complex,  exercised the maximum diligence , been desirably prudent at least to a reasonable extent, should take , have taken, and discharge(d), on a 'timely'. basis the legal responsibility and consequences.

To fittingly recall, in a court case (citation given in an earlier Post), the elected 'secretary' has been held to be a 'public servant' for purposes of action in criminal proceedings. May be, for same reasons, quite sound and logical, even for any other legal action, such as under the common law (civil, etc) , the elected reps. constituting the MC, not merely the Secretary , it could, in one's opinion, be urged to have the same status (i.e. 'public servant").

The recent changes in the law on administration of co-opertaive socities, heard to have been brought in, as understood, go to reinforce the essentiality/ importance of proper election of and MC 's role in the matter of housing societies 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

From An Accountant's (?!) Browser (DESK) !

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Taxation of Cooperative Societies Under Direct & Indirect Tax Provisions on TaxGuru!

http://s.wordpress.com/i/emails/blavatar-default.png

 

Ref. “Further in most of the States, Statutory audit is not required….. to be carried out by a Chartered Accountant compulsorily. Accordingly, this sector faces a risk of low governance which needs to be addressed through the respective State Cooperative Laws.”
 

Sorry! To one’s knowledge, the field reality seems to be quite different. In fact, in Kar, Bangalore, it is a CA, who is by and large engaged for audit of Hsg.  Society(ies).  Nonetheless, no care whatsoever is taken to report or qualify report whether even some of the basic requirements of the spl. law (e.g. in Kar the law is KAOA) have been complied with. To be precise, one such vital requirement / mandate is due and proper registration of ‘owners’ association’ as “…AOA” under KAOA. But , mostly not done; instead, done under another unrelated Act – KSRA and as RWAs. Still, the accounts audited are reported to be as of a properly registered Owners’ Association. That and several other deficiencies in audit which appear to have contributed to the long prevailing,- with no awareness or awakening at all thus far,- totally messed up state of affairs in this area. For knowing more, copious material in public domain needs to be looked at (rather into /through, purposively). The Institute supposed to be in governance of the practicing professionals in this field as well. So far as one knows, the semi-regulator does not seem to have taken even a baby step,  to take on devoutly/devotedly , with a view to bringing  about any marked improvement ,- as desired by / in the interests of the stake holders, - in the obtaining sordid state of affairs. Better that is cared to be done, with no more living in disillusionment  or procrastination.

may ADD-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

< Add-on

ಮೇಲೆ
73 users have liked.

Not Unrelated (-but linkable to previous Posts; in particular, the last ones on, - Service Tax)!

Willing to strike, but afraid to wound

(ref. comment)

ஊடகங்கள் விலை போனதாக கூறவில்லை: கேஜ்ரிவால் tamil.thehindu.com

Comment of equal  relevance herein >

oru

அவர் கூறினர் என்பதும் நான் கூரவில்லை என்று அவர் மறுப்பதும் இன்றைய ('மாமுல்') நடைமுறை ஆகி விட்டது. உச்ச திரை நக்ஷத்திரமே! நான் ஒரு முறை சொன்னால் அதுவே நூறு முறை சொன்னது ஆகும் என்று அன்று சொன்னீரே - அதன் பொருள்தான் என்னே ? நூறு முறை சொன்னஆலும் ஒரு முறை கூட புரியாத 'ஆம்' மனிதனுக்கு தங்கள் விடை தான் எதுவோ !

 reply (0)

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

Who To Bell The Cat ?????

ಮೇಲೆ
75 users have liked.

May be , as independently perceived, a couple of active participants who have been interacting on this project e.g. Mr Naik could be of immense help, in enabling those others truly concerned to take a positively decisive  step forward; not to desist from doing so any longer/anymore.. Such a longstanding wish and earnest belief of self is considered to draw/find ample strength from the very useful input from a source - that is the one who has shared personal experience and succeeded in having in place that ubiquitous but long eluding entity - "..AOA" for so many at large, left in the lurch.

To my understanding, in Mr. Naik's case, that is precisely the same issue which, so far as known, is still pending in coourt for adjudication. In own view, that is perhaps an instance which could be availed of /come in handy as a convenient course for having the matter resolved judicially /judicioiusly , for the benefit of one and all- including the large number of RWAs who thus far been 'living in trishanku (sin)', so to frankly say. This is the same recourse / line of action as has been suggeted bty self more than once before - that is, by trying to and have impleaded as a party (ies) in the court proceedings, already pending. This is an opportunity , which own perception, ought not to be missed.

Over to the rest , with the earnest hope of their coming to grips the soonest, and trying and making a resolutely decisive move forward >>>>>>

(Left to be Edited)

 

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

Ongoing Efforts ...

ಮೇಲೆ
75 users have liked.

In the Hope of reaching the end of the 'TUNNEL' , and Seeing 'THE LIGHT' !

Try and Find One More Clue HERE >

http://vswaminathan-swamilook.blogspot.in/2014/03/lci.html

http://www.lawyersclubindia.com/articles/LAW-vs-Case-Law-on-FLATS-MOFA--6013.asp#.Uyuid_mSxPE

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

From one who honestly believes, deapite aginst all...

ಮೇಲೆ
74 users have liked.
ODDs, not an un-related Feedback  THIS:
 
 
With a different Stroke:

a quack (india)
 
Don't mind Or Attach any significance to the 'STATS.' It is not a question to be any more seriously taken, than  e.g. - ‘are you really serious?’ so as to expect,  much less elicit, a righteous  answer such as,  - 'I agree Or I don't Agree ?!
 
On the contrary, the very simple/simplistic point of poser may have to be righteously THIS: what YOU 'think' on THIS CONTROVERSY Ongoing For AGES?
 
IF ONE WERE to choose and follow the not-unknown  'NEUTRAL policy' (i.e. akin to that of Dr Jeckyll And Mr. Hide')- the most pragmatic and wisest of all, the reply may vary, - if one who poses  is a 'corrupt' himself , or an 'expert economist,' - say, a NON-issue; Otherwise, say , an ISSUE. Either way, what difference the reply is going to make for THE NATION or THE PEOPLE. Anyway, for the latter who have largely chosen to remain , as ever, un- or ‘low-aroused’ !
 
'THOUGHT' is, it is believed, THE LIFELINE (for humans, though invisible)
 

 

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 Registration Of AOA

ಮೇಲೆ
63 users have liked.

Remember, vaguely that, in one of the old posts a reference was made to a couple of useful circulars (?) from the KCSR (made available from a social activist in Mysore*). That was to prevail upon the sub-ordinates not to refuse but accede to requests made urging  for registration of owners' body as an  AOA  , as required by the KAOA.

If so, those may be made available onloine (on this website), so as to be of help to the rest  of the community, faced with the indicated problem but groping for a 'helpline'.

*Addl. Clues HERE:

Residential Apartment Societies to Register
under "The Karnataka Apartment Ownership Act, 1972."

 

.................................................

 

We take this opportunity to thank, Secretary to Govt of Karnataka - Co-operation
Department, for the prompt action taken to help apartment societies in this important
legal requirement.

Ravi Kumar

Provisional secretary, A.M.A.S. & Member - Mysore Grahakara Parishat (M.G.P.).

 

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

Problem faced in having a PAN and/or TAN ..

ಮೇಲೆ
71 users have liked.

According to info. from believed-to-be reliable sources, the Revenue is obstinately  holding up/keep  pending / in suspence . for long, the application (s) made for allotment of the ubiquitous Identification Numbers, for want of proof of the 'association' having itself 'registered' as a legal entity. Such a stance in withhlding the unique numbers , made a prerequisite , is, in one's well considered view, highly objectiionable. So far as could be seen, any demand by the authority to produce any such 'proof'' is , it is to be forcedully urged, not at all warrranted by the law, for several reasons. As per the definition, for its purposes, it has a very wide meaning- in terms, it is an 'inclusive' definition, and opens with the crucial words , "unless the context other wise requires. As defined,   'person' includes not only 'registered' entities; but includes/embraces within its ambit  many  many others, e.g. any unrigistered body such as, 'hindu undivded family',  'unregistered firm' , body of 'individuals' ,  a body whether  'incorporated or not.'. Not to be ignored the special Explanation under section 2 (31), - the fact that was inserted late in 2002, and in the widest terms/language humanly possiible, -clearly goes to demonstrate / makes it more than explicit, crytal clear -the objective /intention is to leave none but cover all conceivable kinds of  'person' . To dilate, that bears on its sleeves the intention/anxiety of the legislature  that none should be left out, leaving any scope for tryting and getting out of the tax regime, for several purposes of the law.

Besides, the KAOA, to one's understanding, no where requires an AOA to have 'formally' registered itself with the KCSR in order to be recognised as a 'legal entity'. If so, the demand by the IT authority for a 'proof' of registration is , to put in the least offensive manner, calls for 'educating' the authority itself as to what exactly is 'the law'. - (Is not this aspect covered in an earlier Post herein !),

Additionally, the obviously absurd stance of the authority , if pursued, might, if questioned / agitated against,  prove 'suicidal'; in that, as is imagined, it will then be required to explain why / how then the buyers' body , -and any nmber of them, -though regstered, wrongly  so, under the  inapplicable KSRA , have been granted the unique identity numbers , without even a whisper or rasing an eyebrow.

Further, it is obvious, it has not occured to the authority that by withholding of the unique numbers, renders itself  solely liable for all the attendant  consequences flowing from  the deductor's  failure to withhold tax (TDS) or its payment .

Last but not least, the authority, if he withholds or fails to allot PAN "FORTHWITH" , he will be acting in contravention of the clear "mandate" of sub-section (3) of 139A of IT Act. To put it differently, he will be exposing himself to "personal" action 9civil as well as criminal) as impliedly envisaged  by SECTION 293 . Notwithstanding  that, in using a clumsy language the legislature has, according to a critical perspective, exposed itself to the blemish of partiality and want of fair play. For an appreciation of why to say so, read, in comparison, the most stringent language used in those other provisions of the Act in dealing with defaults, failures, etc. on the part of taxpayer.

(Unedited)

Notes :

!. As per the recently reported SC Ruling, 'ADHAAR' , the last of the innovations of the kind, though conceived of and issued in the name of, and though with the aim / for serving the purpose of establishing /evidencing /proving  own "IDENTITY" , denoted to be  "UNIQUE" by itself, that ought not to be made a mandatory requirement for every purpose; except, perhaps, for any purpose justifiable to be in the larger "public Interest",; i.e.  for serving a social purpose,  to the people's benefit.

2. As held by courts in some decided casaes, the designated authority for registration of documents (e.g. relating to transfer of immvoable property) has no express or implied power , so as to refuse registration, for any extraneous reason / not directly connected; even if that concerns or affects the very  legal validity of the document  otherwise. This, of course, is an aspect open to a debate, and calls for an independent deliberation. Even so, this may serve the purpose of  adding to the driving force in general; and for stressing that , in any view, by reason of the clear-cut mandate of section 139 (3), the authority will be exosing himself /the empowered others to legal or any other other course of action , should he,- for whatsoever be the reason, ground, excuse, pretense, so on, -refuses or withholds allotment of the unique numbers (PAN and TAN), as and when applied for by any 'person',- including an  'apartments owner's association' claimed to have been formed by the purchasers, and under any name as chosen by them. 

3. A new avenue (in offing)  hopefully for airing such grieances:

IT-Dept invites suggestions for building the new website

(If interested, may read posted comments)

Recommended, the foregoing , and other if any, obviously connected aspects/pleas  might  be kept in focus/ further explored , and made proper use/avail of, so as to be of help in pursuing and pressing for, to the end of having the uniques numbers allotted, with external professional assistance , if  so needed.

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

Conflicting 'Authorities' X as distinct from ...

ಮೇಲೆ
71 users have liked.

conflicting 'interests', which one may have heard of.

In brief, the point in mind  concerns the way in which , often, each one of the empowered authorities , including 'regulators'  such as, SEBI, RBI, etc. , choose to confine selves/ remain glued  to the individual sector / regime within is domain,  in carrying out their functions; with no regard or concern whatsoever to every other. In the result, it is "the people" who are obliged , rather forced, to suffer, the unpalatable  irritants /consequences of such 'exclusiveness'   in the authority's action/inaction,  in the exercise of its powers in a mutually conflicting fashion.

For instance, a mention may be made of SEBI making PAN, essentially a creature of the IT Act, a pre-requisite for its several purposes as well, e.g 'demat account', 'share issue', 'online banking' ; but, without even thinking of , much less, ensuring that the IT authority empowered to issue PAN acts in a spirit of mutual co-ordination /co-operation as normally expected.

may be contd.

PS: Recommend, for sake of better understanding and clarity in own mind, to read the other related recent  posts herein, along with the updates, attempted to be provided in the personal Blogs @vswami 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

'WILL' (you) To Break the Ice AND Forge Ahead

ಮೇಲೆ
72 users have liked.

On Registration of AOA

And Final Conveyance - 

HOW to ?!

The 2 ROC's circulars referred to in a previous comment, as per one's recollection, found a mention on a Blog or Post by the project founder - @praja.in. Should he, as suggested, make those available,- though a bother but without minding to do so- that should, as believed, help anyone of those who want to use it for pleading and supporting that despite assurance/commitment the Registrar has failed to 'honour'.

As pinpointed, in cases where promoter has failed, and continued to fail, in compliance with several of the mandates of the law such as, execution of Form A, it could be validly stressed that is a case of continuing 'offence', hence one of 'continuing cause of action'; so much so, as per case law, he could be proceeded against, with no scope for question of 'barred by limitation' coming in the way. The points made in the Blog on "Final Conveyance" (link given more than once) should be helpful in firstly "walking the talk" with promoter, and later in arguing before court.

Two recent Posts on the article of sanjayv @citizen- matters, no doubt, prove so much vexing / discouraging, as to compel one to instantly throw up hands and exclaim in despair- now, even the Almighty could be of no help in ushering in any change; and hence has to be left, if at all, to the next generation to take on. That is, again in the fervent hope, by then, driven by wisdom gained in hindsight, the progeny would come to firmly believe that the only solution lies in placing faith on the principle of, - "optimism of the will", as opposed /in preference to “pessimism of intelligence". Notwithstanding that, both 'will' and 'intelligence' are nature-given faculties, invisible and each one of us is endowed with them but in mutually varying measure/level- that mostly also depends on the individual's own 'mindset' (-this peculiar concept, again invisible, may be found elaborated in some of the preceding Blogs, as the context required).

Nonetheless, not to betray or give in half-way the purposeful efforts so long being made (-as considered not prudent, rather extremely unwise to abandon the boat midstream, more so in turbulent or troubled waters) , once again may draw attention to the viewpoints repeatedly underlined and conveyed on the criticality attached to inter alia the concept of “final conveyance”.

With the same breath, to dilate and pinpoint, anyone left mired /utterly confused,- that is in a paradoxical situation/dilemma akin to the mythological ‘trishanku’,- for mutually varying individualistic reasons, yet wanting to try and make a definitive move, forwards, there is an unmistakable helpline. That is to be found in section 5A, inserted in the enactment for apartments, by Mah. 4 of 2008, and the amendments of section 6 earlier made by Mah. 36 of 1986 are noted to provide the requisite impetus / ‘will power’, in the form/garb of clinching clues.

KEY NOTE: On a mindful comparison, it may be realised that other States e.g. Karnataka, have never cared to even look around and take a note of the changes made from time to time by Maharashtra (MAHA), admittedly the pioneer, being the first one to fall in love with the  concept of 'units'- of a comparatively recent origin. That is evidenced by the fact that the corresponding provision (- "Responsibility for payment of outgoings till property is transferred"), i.e. section 6 of the KOFA (in terms applicable also to apartments) has failed to incorporate like changes as in the law of MAHA. Nonetheless, the opening words,- "A promoter shall, while in possession....until he transfers the property taking over the flats or to the organisation of any such persons',- in own considered opinion, ought to be of immense help/support to cut across/break the ice, and confidently forge ahead.

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

Problem faced in having a PAN and/or TAN ..

ಮೇಲೆ
79 users have liked.

Problem faced in having a PAN and/or TAN ..

Since Edited / Modified: 

According to information from believed-to-be reliable sources, the Revenue is obstinately holding up/keep pending / in suspense , for long,  application (s) made for allotment of the ubiquitous Identification Numbers, for want of proof of ‘name’ of the  'association' formed by co-purchasers of apartments in Karnataka, mostly in Bangalore, not having itself 'registered' with the registering authority. Such a stance in withholding of the unique numbers, albeit that has been made a pre-requisite for certain purposes, is, in one's well considered view, highly objectionable. So far as could be seen, any demand by the authority to produce any such 'proof'' of ‘name’ or ‘registration’ is prima facie absurd, makes no legal sense; further, gravely offends the thing known as ‘common sense’. Hence, one strongly feels that deserves to be forcefully urged as not at all warranted by the law; that is, for more than one reason.

As per the definition in the IT Act, for its purposes, the term ‘person’ has a very wide meaning. In terms, it is an 'inclusive' definition, in that opens with the crucial words, "unless the context otherwise requires”. As defined,  'person', as defined, includes not only 'registered' entities; but includes/embraces within its ambit  many others, e.g. any unregistered body such as 'Hindu undivided family',  'unregistered firm' , body of 'individuals' ,  a body whether  'incorporated or not', so on.

Moreover, what is not to be ignored or over sighted is the special Explanation under section 2 (31), which reads thus:

Q

Any person, not falling under sub-section (1) or sub-section (2), may apply to the Assessing Officer for the allotment of a permanent account number and, thereupon, the Assessing Officer shall allot a permanent account number to such person forthwith.      (Emphasis supplied)

UQ

The fact that the said Explanation, so also the other provisions, are couched in the widest terms/language possible, clearly goes to demonstrate , rather makes it more than explicit and crystal clear that the objective /intention behind is nothing else except to leave none but cover all conceivable kinds of  'person' . To dilate, that bears on its sleeves the intention/anxiety of the legislature  that none should be left out, leaving any scope for trying and getting out of the tax regime, for several purposes of the law.

Besides, the KAOA, to one's understanding, no where requires an AOA to have 'formally' registered itself with the KCSR in order to be recognised as a 'legal entity’? As such, the demand by the authority for a 'proof' of ‘registration’, to put it in the least offensive manner, calls for 'educating' the authority himself as to what exactly is 'the law'.

 This is an aspect, it requires to be noted, seems to be amply clear even on a plain reading of the relevant provisions of the KAOA. Also that may be found covered in the material in public domain, in the form of article(s) and other Posts.

Additionally, the obviously absurd stance of the empowered officer, if pursued, might, if questioned / agitated against, prove 'suicidal'; in that, as is imagined,  he  will then be required to personally explain why / how then a body of co-purchasers, -and any number of them, -though ‘registered’ but wrongly so under the inapplicable KSRA, has (ve) been granted the unique identity number(s), without his raising an eyebrow, or even a whisper or whimper from him.

Further, there is a strong indication for anyone to safely infer, it has not occurred to the authority that by withholding of the unique numbers, he renders himself solely liable/responsible /answerable for all the attendant consequences, flowing from  the deductor's  failure to withhold tax (TDS) or its payment .

Last but not least, the authority, if he withholds or fails to allot PAN "forthwith" , will be acting in contravention of the clear "mandate" of sub-section (3) of 139A of the IT Act quoted above. To put it differently, he will be exposing himself to "personal" action (civil as well as criminal) as impliedly envisaged by SECTION 293.

Notwithstanding that, in using a clumsy language, the legislature has, according to a critical perspective, exposed itself to the blemish of partiality and want of fair play. For an appreciation of why to say so, read, in comparison, the most stringent language used in those other provisions of the Act in dealing with defaults, failures, etc. on the part of any taxpayer.

In the context herein, the following need to be pertinently made a note of:

1. As per the recently reported SC Ruling, 'aadhaar' , the last of the innovations of the kind, though conceived of and issued in the name of, and though with the aim / for serving the purpose of establishing /evidencing /proving  own "identity" , denoted to be  "UNIQUE" by itself, that ought not to be made a mandatory requirement for every purpose; except, perhaps, for any purpose justifiable to be in the larger "public Interest",; i.e. for serving a social purpose,  to the people's benefit.

2. As held by courts in some decided cases, the designated authority for registration of documents (e.g. relating to transfer of immovable property) has no express or implied power , so as to refuse registration, for any extraneous reason / not directly connected; even if that concerns or affects the very  legal validity of the document  otherwise.

This, of course, is an aspect open to a debate, and calls for an independent deliberation. Even so, this may serve the purpose of  adding to the driving force in general; and for stressing that , in any view, by reason of the clear-cut mandate of section 139 (3) drawn attention to herein before.

3. A new avenue (in offing) hopefully for airing such grievances:

IT-Dept invites suggestions for building the new website

(If interested, may read posted comments)

Recommend, these obviously connected aspects might be kept in focus/ further explored, and made proper use of, so as to be of help in the context 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

b/f 'Service' Tax - More Feed

ಮೇಲೆ
68 users have liked.

On - A ) "Construction" AND

         B )  Collections for 'upkeep' of housing complex 

To catch a crook: Three lessons from the Rajaratnam case

I . <SC Aggarwal (New Delhi) says:

March 30,2014 at 10:54 PM IST

In US editors and journalists seem to be responsible and at least not irresponsible.... Corruption in our country is because of our tax laws which have made every person corrupt. For example, a professional earns net profit of 2% but he is being asked to collect service tax at the rate of 12.36% from his customers and deposit the same with the Government.. Mr. Aiyar, is it justified? Such laws are making professionals corrupt.>

Posted But Undisclosed Comments:

On the topic of 'service tax', the most detestable and obnoxious of all are the two types of activities lately brought to bear the burden, unjustifiably so:

1.   Re. Levy on 'material' and ‘service’ components, of an imaginary kind, by forking into and widening the dubious concept of  ‘deeming’ and applying it to what according to the two contracting parties is a pure and contract of sale of a finished product- e.g. in the case of a transaction of purchase and sale of flats or apartments : For, as rightly canvassed in elite law expert circles, by no logic, rhyme or sane reasoning, it can be rightly or legitimately regarded and be split into two- one of ‘deemed sale of input material’ and another of ‘deemed service’.

What is all the more deplorable is that simply with a view to tax, the men in governance, under the guise of legislative process, gone on to resort to and accomplish the intended object by subjecting the constitution itself to violent changes and rewriting it.

As the matter stands now, the apex court is heard to have held the referred amendments as not ultra vires. Hopefully, however, the apex court may be called upon to go to the root of the whole controversy and reconsider the present verdict, if and when so taken up for a fresh adjudication.

In this context, as drawn attention to, in the leading case of ‘Raheja’ (*Ref. foot Note nelow), the factual matrix was peculiar and materially different from a pure and simple contract of sale of a ‘finished product’ normally entered into and strictly as envisaged by the special state law  on ‘flat’.

2.  Re. Service tax on collections by a housing society for meeting the outgoings for running and maintenance of the building complex (flats /apartments) : The collections so made are by the owners of the property itself, and for their own exclusive benefit. The rationale or legitimacy of such a levy is highly disputable on two grounds: The collections do not have the characteristics of ‘income’ or ‘fees’ and in any case, the principle of ‘mutuality’ is squarely applicable. Sooner the controversy is judicially and judiciously set at rest, the best.    

II      The article, so also the numerous comments posted, as understood, focus on, rightly so, the most important of all being supply of an alert, unwittingly or otherwise, to anyone suspected to be a culprit. Upfront what comes to one's mind is the unpleasantly active role, unwisely played by the media- print, electronic, or any other of its kind.

In today's context, in view of the overwhelming influence any such information given publicity in advance or prematurely, more so mindlessly, and its impact on the societal welfare, in the larger interests of the nation and its people, in common, it is the duty and responsibility of the media to be considerate as to considerably  moderate the increasingly overtaking  practice of an unsavoury investigative journalism - particularly of the type verging on, -sensationalism, populism, self-promotion or-projection, so on.  Instead, desirably, at least initially, soon after any such information coming to its notice/knowledge should be passed on forthwith to the concerned empowered authority, keep closely monitoring, and, only if that fails to produce or show any outcome as expected, within a reasonable time, then only think of further suitable steps to bring about the aimed-at -result of an enduringly successful nature, accruing for the welfare of the people,   or any section /sector thereof. Otherwise, as past experience has repeatedly demonstrated, that could prove eventually self-defeating or -effacing attempt, with an unintended negative bizarre outcome.

This is an exclusive area where only expert psychologists or psychoanalysts* could come out and make a valuable contribution with really useful suggestions /recommendations, for the benefit of the humanity -not any tom , dick and harry, or an average  human/commoner , as we are,  filled with nothing but detestable trait / harmful  qualities of so called,  'ego' or 'emotion'..

    (*Invited to ‘Edit’)

* NOTE: Comments , in detail, on the referred 'Raheja case' are HERE >

ET

Will you have to pay VAT on your flat? SC ruling to push up property prices

click here

( Also others'  comments are worth reading)

 

 

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 Joke (?) Of The Day - To drive the boredom / largely ..

ಮೇಲೆ
67 users have liked.

previaling disillusionment far AWAY ?!

New Government will bring New Agenda in Housing

a quixot says:

Your comment is awaiting moderation.

April 20, 2014 at 9:05 AM

“The minister for housing and POVERTY ALLOCATION has diluted the concentrated efforts.” (FONT SUPPLIED)

allocation x alleviation – does not seem to be a ‘slip’ of the tongue (KEYs) but an intended but well meaning, conscious  and truthful mix up / inter change?!

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

Sec 139A & counter- Implications of dept. Instructions..

ಮೇಲೆ
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@https://tin.tin.nsdl.com/pan/Instructions49A.html#instruct_form49A

For an input elaborating the subject implications,-  which are heard to have been pathetically misunderstood / misconceived by the framers,. the IT authority itself, to the chagrin / discomfort of the already enough harassed apartments owners' associations, recommend to read the last post @ citizenmatters on the article on apartment law.  

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

Role Of Auditor of A Housing Complex

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This is a follow-up on the subject topic - covered in some of my previous feedbacks.


The comments on the article under the first link* below, simply underscore yet again, in order  to reiterate. the role of, among others, the ‘auditors’.   
The responsibility of doing Audit of Co-operative Housing ...*

Audit Co-Op Soc - SANJAY JADHAV AND ASSOCIATES ...

audit of co-operative housing & credit societies - WIRC
 

Amendment to Maharashtra Co-operative Societies Act ...

The important point to be considered by CA OR G.D....


KEY NOTE: IT IS ENVISAGED THAT, IF VIEWED IN A PROPER PERSPECTIVE, AND IF EFFECTIVELY DONE UNDER COMPETENT LEGAL ADVICE,  A  QUALIFIED AUDIT REPORT (AS SUGGESTED), IN A WHOLESOME WAY,  IS MOST LIKELY TO SERVE A USEFUL PURPOSE THAT IS,  TO FORCEFULLY PERSUADE THE PROMOTER TO REALISE/ADMIT HIS FOLLIES AND COMPEL HIM TO MAKE AMENDS; ALSO. TO PRESSURISE THE GOVT. TO ATTEND TO AND SET RIGHT THE CURRENT  SCENARIO.

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

REACTION (on posted and disclosed comments but since ..

ಮೇಲೆ
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found  missing>

On just being informed by someone who had promptly gone through my posted comments on two of the write-ups *, i checked up; yes, to my shockingly unleasant surprise, rather horror of sorts, found the comments (so painfully drafted and successfully posted- solely for serving the common good , also for the common benefit of the CAs engaged for the audit of accounts of housing complexes in Karnataka , Bangalore, i its altrustic sense) - abruptly deleted. In case , as suspected, it is a deliberate act, then it is highly questionable on both ethical and moral grounds.

NOTE: Await a reposting of the missing comments , if so chosen to do, albeit at the cost of extra pains and bother.

* Having now posted my rejoinder on that other website,

Q

Why my comments successfully posted wrt two of the write-ups herein and promptly disclosed are since, on a re-look at, found missing ?

ReplyDelete

UQ

i await an honest  response !:

 

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.

ಮೇಲೆ
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Reverting to previous, faced with a road block; for an update, may still look up HERE

 

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

SC in re DLF

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To update:

One more SC decision discussing at length , inter alia, the legal imlications of "Declaration' required to be executed and registered by promoter. Though the factual matrix and the special law on apt. dealt with, so also the area of dspute, are divergent, makes for an interesting reading, even otherwise, for enlighrenment in a broader perspective/spectrum.

HERE>

  DLF Ltd. Vs. Manmohan Lowe - AdvocateKhoj

Note: Earlier decided 'Nahalchand' case has been gone into but differtiated on facts.

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

SC in re DLF (contd.)

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Offhand:

The judgment, it is observed, has, besides strict compliance by promoter with the most  important mandate of Declaration in the prescribed Form 'A', setsout  the court's opinion  on the troublesome issues related to the legal concept of  '\"common areas and facilities". To be specially noted, presumably, in several court cases known to be pending e.g. in Karnataka, South Bengaluru, on such or similar issues , the apex court judgment would provide useful guidance for adjudication; hopefully, in the foreseeable future.

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

KSRA vs KCSA- Is there a fresh ray of hope for an early final

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resolution of this unwarranted controversy ? !

To reiterate,- An Open Appeal :

As per information from a believed–to-be reliable private source, impression given is that, in a recent judgment of Karnataka High Court it has been ruled that “registration under Societies Act is illegal if property is under provisions of Apartment Act.

A personal search has yielded no result. Nonetless,  should that be true, and  anyone knows, it is desired, rather urged, that the info. is, to serve the unmistakable aim of public–centric purpose, shared by preferably making available a copy of the court’s verdict/or the hyperlink for, on the mentioned   long pending vexing issue,

That should greatly help / lend strong credence/every force to the suggested attempts to crying a halt to the thus far continuing Irregular practice.  

Of course, the need there for has continued to be persistently canvassed, even otherwise, without the necessity for a court verdict, on the referred point, basically a non-issue.

 

 

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

One More Open Appeal >

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REFER HERE >

Check this out, a new apartment law on the cards - Citizen ...

As commented:

Wrt the concluding para., it would have been of great help and served a useful 'public' purpose had, AN Naik, who has been projected , rightly so, as a RTI activist (also known as a participant in the specially mooted project @praja.in), shared the documents with the concerned rest. Even now, it may not be too late for him to do so; as, in any case, as repeatedly pointed out through that website, there has been no known progress but the stalemate tragically continues. Unless the matter requiring concerted class action/pro activism, is devoutly , with all seriousness, taken on and pushed through, without dragging feet, that too on a collective basis, there could be no successful outcome expected but is bound to remain for ever, to eternity, a pipe dream. As one is expected to be aware, according to a well-meaning school of thought, prima facie sound, found to have been deliberated in certain knowledgeable circles, revamping of the extant law , by itself, cannot conceivably hold out any lasting solution, especially in the short life span and agist all attendant inevitable odds. For a specimen, look up a well articulated article in public domain, specifically dealing with the latest official (governmental move) in MAHA (the 2011 Act) proposing to usher in drastic changes in the subject field of activity.

Reg. the article referred, read here >

"NOTES ON MAHARASAHTRA HOUSING ( REGULATION AND DEVELOPMENT) ACT, 2011 NOT IN THE INTEREST OF PUBLIC AT LARGE

Suggestions given by CA. Ramesh S. Prabhu, Chairman, Maharashtra Societies Welfare Association"

PROBLEMS /ISSUES ARISING OUT OF MAHARASAHTRA ...

Further HERE>

The Maharashtra Housing (Regulation and Development ...

L A BILL No XV OF 2012.pdf

Budget 2013-2014: speech of P. Chidambaram, Minister of Finance · Maharashtra ..

 

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

Allotment of PAN / TIN

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Contd.

It has since been heard that applicants being apartments’ owners, as a body, are still faced with a problem over the subject requirement. The reason, it appears is that, the IT Dept. (NSDL, the designated authority) has yet to come to grips in understanding, in proper light, the purport and import of its own related  ‘Instructions’  vide

https://www.tin-nsdl.com/download/pan/Notification96_2013.pdf

On a plain reading,  it must be more than obvious, even to a layperson,  that the applicable Instruction is the one reproduced below:

Q 6. Association of persons (other than Trusts) or body of individuals or local authority or artificial juridical person formed or registered in India

(a) Copy of Agreement; or

(b) Copy of Certificate of Registration Number issued by Charity Commissioner or Registrar of Co-operative Society or any other Competent Authority; or

(c) Any other document originating from any Central Government or State Government Department establishing Identity and address of such person. UQ

And NOT the immediately preceding one, numbered 5; which, in terms, is of relevance to a “TRUST” formed OR registered as such, as envisaged therein. By no stretch of imagination, ostensibly, associaion of apartments' purchasers /owners could be treated as a "TRUST", in any sense - within its general or legal meaning.

There is a patent fallacy on the part of NSDL in misconstruing the matter differently. In particular, NSDL , it is heard, insists to the effrect that in order to be allotted the Identitity numbers, the applicant -association must have a document evidencing its registration with a competent authority. If so, the said premise is prima facie wrong and miscontrued. For , the reasons to be urged are two-fold. : (1) The law on apartments, unlike the law on flats, does not require any formal registration of 'association' formed by apartments' purchasers / owners with any authority e.g. in karnataka, even with KCSR; (2) Likewise, also the IT Act has, for obvious reasons, no such requirement. It needs to be pinpointed, in the said provisions, the word of conjunction  uniformly/consistently used is, - 'OR'; and not 'AND' , between the two words 'formed' , 'registered'.

To reinforce the foregoing, a comparison of following , with distinctive phrases used in other items as well - see marked wording below , ought to help:

For a helpful Comparison: 

Items:


3. Company
registered in India
Copy of Certificate of Registration issued by the
Registrar of Companies.
 
4. Firm (including
Limited Liability
Partnership)
formed OR
registered in India
 
(a) Copy of Certificate of Registration issued by the
Registrar of Firms/Limited Liability Partnerships;OR

(b) copy of Partnership Deed.

It is imperative that the unwarranted roadblock faced with is cleared by the CBDT, with no more delay, to put an end to the hardship to which the applicants, for no fault of them, are being subjected to, with no logic or rhyme or sane reason but unwittingly

 

 

 

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

Is Your Building complex Insured / Secured !

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PROPERTY INSURANCE

(An Alert – worthwhile reiterating by echoing)

Among several other aspects, what an apartment buyer / owner must know and make a conscious note of  is the concept of property “INSURANCE”. A random survey, to begin with say, in hub city, Bangalore,  is bound to reveal that the utmost need to have a suitable and adequate insurance cover is hardly realised .So much so, no serious steps taken even after the buyers have formed an association and an elected (or selected !) governing body (call it a MC, or by any other name) in place. It could be the invariably prevailing imbecility, callousness, impudence, ignorance , impertinence, so on, attributable to the buyers (as individuals or collectively) , so also of the common body, which is lawfully , in  essence, entrusted with the onerous responsibility to keep the property in the building complex duly protected against all “odds”- 'unforseeables or inevitables',- for the common good of the community.

1.          Why insuring your newly bought apartment is a must - Business ...

2.          Why Do I Need Homeowners Insurance? | eHow

Other Related (suggested to browse websites for knowing):

o    History|

o    Principles|

o    Societal effects|

o    Insurers' business model

As stressed, “Along the way this inevitably becomes related to other concepts ...”

KEY NOTE: Should in any building complex, there happen to be no adequate insurance cover, then it is not the concern of merely the buyers /  owners, and / or of their common body in governance. For, if incisively gone into, that does assume /have a greater  significance, being of common concern to whomsoever is connected directly or indirectly, e.g, the lending banks, and the auditors of promoters and the clientele, as well.

< Open to  ‘edit’ / improve upon 

 

(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

Not- so -revealing, but to share > on 'shared spaces'

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  1. <> First on the agenda is to know our immediate neighbors, BE CONSIDERATE ABOUT SHARED SPACES, AND PUT THE "co-operative' BACK INTO THE HOUSING SOCIETY . Today, low-intensity conflict flaring into full-scale war marks the lowliest and the swankiest of colonies. The slum fight over the common water-tap finds its come-uppance in the penthouse owner refusing to do anything about his over-the-top bathroom messing up the flat below.

To ponder - how any other city in the South, say in Bengaluru compares ?

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 ONLY 'DDA'; not the other "-DA's, nationwide ?!

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Seated in Delhi, the CENTRAL MINISTER's vision is seen to be confined , limited or narrowly fcussed to that locale alone; not extend beyond !

Why to say so, read HERE >

All DDA activities to be online: Venkaish Naidu

AND HERE>

What is unpleasantly or shockingly or stickingly surprising is, - as to why the central minister has confined his concern and addressed self only to DDA; not to every other local authority responsible for urban development in each one of the States across the nation, well within his domain?!

Undoubtedly, there is the utmost necessity for the long / overdue transparency, besides the attached accountability, to be thrust upon forcefully and effectively, more so on a nationwide basis.

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

Delhi & Mumbai and other cities/states are different countries??

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@vswami

This is a "divide and conquer" tactic.

Most subjects under the state control are used to delay proliferation of good laws and creating effective strategies to deal with issues causing problems for the general public.

Your observation also holds for issues like sound pollution: Loudspeaker Menace

Do we have to get laws passed again and again? On a case by case basis?

What next?? - you have to get a majority in the LS to file a complaint??!!

In most cases laws apply to all humans / human settlements but the Spin Doctors have managed to break up the world so that a different law applies in each sub unit under their control, if the spin doctor in your apartment complex disagrees, it can be off limits for any enlightened law (e.g. pet ownership in apartments).

This is a key tactic that has to be countered by citizens worldwide but this is unlikely to happen as even the Internet and other communications channels are under the control those using such tactics.

 

 

@xs400In a jugular vein,

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@xs400

In a jugular vein, -

Beg your Pardon  Mr ..

i remain humbled becuase  of  'personal' ignorance of cettain terms used in the comment, besides such as 'spin doctor' -e.g. "e.g. pet ownership in apartments". Having made an attempt, hopefully, i guess, it is said to mean 'owning' - (and rearing a 'pet' ; be it a cat or a rat, or dog ( if inverted, wld read - 'GOD') - by an 'owner' of apartment.

Now, coming to the branch of  the topic truly related, these continue to be 'imponderables' galore, for decades; those are , what is 'ownersdhip' , who is the 'owner', and last but not least , of what  !

That has been the ultimate reality ;  notwihstanding that, the men in governance have, in their utmost generosity and kindness to the hapless victims (admittedly the gullible but 'unaroused' buyers, a section of THE PEOPLE) brought into being, on the statute / rules book any number of 'laws' in a line, and the judiciary , in its turn, has been, with no less sincerity,  labouring  hard to enlighten, through volumes of case law handed down in a long but never ending  line,

May be, not being competent enough,  not have made self clear enough; if so, would, in all inborn humility, repeat the entraety . simply pleading to read though the  case law (SC)  in re. Podar Cement Ltd. - settling a tax but property connected issue.

May be excused; as usual, no mind , or patience to spare, to 'edit' the above jottings !

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

ARTICLE on Living Together In A Society

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Not- so -revealing, but to share > on 'shared spaces'

 

The issues commonly faced with, some of which often prove vexingly irritants i.e. real issues, - as opposed to trivialities, -and sadly hamper/jeopardise  the ideal prospects of living amicably , with mutual comradeship, if not as brethren, thus in peace, are broadly of two types- 1. between promoter and the buyers 2. the buyers, inter se; that is, after coming together and formed a common body and start functioning as such.

The subject Article, if mindfully read and wishfully appreciated in proper light, may be found Quite informative; and could help and provoke every individual apartment owner/resident (not barring the elected/selected ones for officiating in the common affairs, for the profoundly common good), to strive earnestly, embark on a fruitful soul searching / introspection. For doing so, what ought not to be sidelined or over sighted, but needs to be consciously taken a note of  is that inescapable truth , -today’s ordinary member may happen to officiate some day, or vice versa.

CAUTION: The expression " how to question" requires to be taken in its truly intended good  sense, keeping in focus the objective behind, sans individual 'ego' - NOT TO BE MISCONSTRUED.
 

 

 

 

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.

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The article is HERE >

http://consumerresourcesin.files.wordpress.com/2012/10/how-to-question-your-housing-society-times-of-india.pdf

The angle that needs to be kept in view is that the article seems to focus itself on the scenario as obtaining in , and state of affairs prevailing in Maharashtra / cities in that State. So far as Karnataka /its cities such as Bengaluru is concerned, the scenario/ state of affairs in apartments complexes may not be said to be any better. On the scope for course of action (s) open to the aggrieved, as repeatedly noted, because of certain unintended deficiencies in the governing law, also in KCSA to cover, unlike in Maharashtra,  specifically housing societies, recourse to the Co-operative Societies Registrar is not a clear cut way to go. That, however, may be urged, ought not to have the doors to KCSA kept shut. The said Registrar  being the "designated authority" for the purposes of / in terms of KAOA, one feels strongly that, gven the determined wish and dominant will , as a first preference and being a speedier way, , over other possible courses, the doors of the Registrar are certainly open to be knocked at , also pushed through for gaining an entry into, and try and have the grievances of sorts met with resolved / remedied by him , 

Hope the underlying message is clear enough , so as to be given a serious thought and considered worth an attempt anyday; pending,  of course,  the long pressed-for but still awaited changes come to be effected in the extant statute / rules book .

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

Role Of Auditor of A Housing Complex

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CHS - Audit Report


Amendment to Auditor's Report Format Under the Companies Act


<> ” 4.Use of the Term “Profit and Loss Account” or “Statement of Profit and Loss” in the Statutory Audit Reports of Companies.”
 
One, who may have no real intimate exposure or hand-on mindful field experience in company audit, is quite likely to be left unsure, if not bewildered or totally nonplussed on,-as to whether the cited amendment is simply a cosmetic change in the wording, nothing more, or has a laudable objective or purpose behind the move.
Be that as it could not have been expected otherwise, seizing at the opportunity, another angle thrown up for anyone to offer own Reaction, though not related to ‘companies’, but most certainly to auditing CAs engaged for audit of “Housing Societies”:
The said housing societies, if residential, - unlike other types of co-operative societies, - do not have or are permitted to have any commercial activity, with the object of making a ‘profit’ in its profound sense. It is on this ground that such housing societies claim and are being exempt from taxation, relying on the known and established legal, and time honored, principle of “mutuality”.
Nonetheless, one may have come across instances of audited final accounts of housing societies (of flats or apartments) in which are included/presented,obviously unconsciously unwittingly, an account styled as “profit and loss account”; besides/in addition to a statement of “Receipts and Payments” and/ or “Income and Expenditure”.
If were to go strictly by legal or accounting principles, any year-end surplus in such accounts, in one’s firm view, do not have the characteristics of ‘income’, in any view ‘profit’; at best, to be appropriately called, – “excess of receipts over payments (or outgoings)”.

It is high time that ICAI, the august body overseeing CAs, looks into this and similar other aspects of vital importance to housing societies, deliberates in-depth and comes out with suitable guidelines to auditing CAs. That should effectively assist them in doing a proper audit and reporting.
 
Subject/Open to well - considered views of experts in ICAI, also those active in the field.

 

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

Role Of Auditor of A Housing Complex

ಮೇಲೆ
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contd.

Other related Observations:

A CA engaged for audit of the final accounts of Housing Socities (Flats and Apartments), besides any other already prescribed qualification (s), ought to have a reasonably good knowledge of ,  and insightful practical exposure to, -

A) the governing law (s) in force in each of the States e.g. In Maharashtra (Mumbai) , mainly the MAOA and  MOFA, and, in Karnataka, KAOA and KOFA;

B) the other State law (s) applicable to them e.g in MAHA, the old (still in force) and amended enactment(s) for formation and conduct of the affairs of CHS (- in KAR, the status of corresponding enactment (s) on same lines as in MAHA  still remains unknown); and

C) the tax legilations (e.g. of the Centre , on income-tax and service tax, and of the States on VAT)

Then and then only . any external independent audit by  a CA could have significance and serve a truly useful purpose ; that is, primarily from the viewpont of the common interests of the referred Housing Socities and their respective constituents, and incidentally, that of the concerned Central and State authorities duty bound to administer, implement and enforce the respective laws.

Sadly, the commonly observed and complained of heart-felt grievance is that,  there has been a cavenrous gap , increasingly widening, between what the laws say /mandate and the field realities.

In short, the travel time between heart and head (mind) , it appears, has been alarmingly shooting up, but with no hope for a let-up in the foreseeable future.

 

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 - No welcome but disappointing news for the REST of >

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WHY ONLY 'DDA'; not the other "-DA's, nationwide ?!

To read >  New Bill to be introduced replacing for Delhi apartment ownership    (AT)

Taking as read :

This is News but the second in quick succession; which reflects an identical line of thinking on the part of the honourable UUD minister..Even though not yet ripe enough to be dubbed as a magnificent obsession. Perhaps, he strongly believes in the old saying “charity begins at home”; but the unpleasant  facet lies in extending it to also “reforms” of the type, despite it having a nationwide scope/relevance. As ought to have been known, all other States/territories, other than Delhi, as well, have, in fact, been in wait for too long (for, in comparison, more decades) to continue to be justifiably accorded the proverbial “step motherly treatment"- (in today's context , may be, 'step'  has become superflous / redundant, hence requiring to be ignored for all practical puroses of real life) - and turned a Nelson’s eye or Stone deaf ears to.

Comment (s) / Reactions @ 

WHY ONLY 'DDA'; not the other "-DA's, nationwide ?!

ipso facto holds good. Sooner the UDD minister and his coterie realise that the moment of truth has come and reforms are overdue, better for the mankind inhabiting the rest of the States constituting the Union as unequivocally made clear in the basic charter of our esteemed nation.

Post @ AT :

wrt ““The problems in apartment ownership Act…” focused on herein is not peculiar to Delhi(-ites), and to them alone; but are known to be largely obtaining in almost every other State, lately in Maharashtra being the pioneer in this respect as well. As such, it goes without saying that, the UUD minister/his office, also coterie, not to mention the specially empowered/appointed authorities, sooner than later realize, and cover within the framework of the reported reforms in a foolproof manner,all other states/territories as well; as after all those are undeniably part and parcel of the UNION of India and expect to receive, as of a fundamental right, the same treatment as DDA.

 

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

Problems faced for Receiving PAN/TAN - Post KAOA Registration

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After our successful completion of KAOA Registration procedure of our Apartment Owners Association, we had went through another battle with IT Department for processing of our PAN/TAN Application, without availablity of proper Registration certificate, as available as per KSCA Act 1960 ( Society's Act 1960 ). At the first instance, our PAN allotment application was rejected on Feb 2014, stating the reason - " Proof of identity- certificate of Registration number issued by Registrar of co-op society- submit the proof of identity where name in the application exactly matches with the name in proof ".

We have pleaded  with Income tax department, stating that, there is no provision exists to issue any specific Certificate of Registration for Apartment Owners Association, as per KAOA Act 1972 and relying upon the Certificate issued by the Co-operative Society is totally mis-leading of all Apartment Owners Association, as by merely getting any  7 persons any group can get the registration completed as per Society's Act 1960 and unlike, KAOA Act 1972, where all the Owners are mandatorily have to submit their concurence by Deed of Declaration and taking membership in the Association is very much cumbersome process, which was adopted by our association.

Thereafter upon exhange of few more communications ,we have got another hurdle by again rejecting our application stating " the douments submitted by you found to be correct ; but the status selected by you ( Association of Persons ) is wrong and re-apply freshly by correctin the status as " Association of Persons ( Trust ) ".

Again upon re-submiting of our New Application, by changing the status as AOP ( Trust ),it is rejected for the same very first reason - Proof identity - Certificate of Regisratin number issued by Regstrar of Co-o Society...

Our pleading and arguements were initiated and finally, we could able to make the Income Tax department to accept our very first application of February 2014, and our PAN Number just got alloted on 30th June 2014.

It took 4 full months for us to convince the Income tax department.

It is also worth mentioning now, that our Builder too, did not approve our Association formation, who was liable to initiate this process and getting our Association Registered as per KAOA Act 1972. Even he ( Builder ) was initially insisting for submission of Registration Cerificate and since now have received back the  " Association Deposit " money.

The Fire Department inspection and Occupancy Certificate inspection are all pending. There are many deviations observed and we are now trying to resolve all the issues.

 

M.S.SHANKAR.- PRESIDNET - MCAOA.

 

 

 

 

M S SHANKAR

"Common Areas" ?!

ಮೇಲೆ
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TAking liberty to digress for a while:
 
 
You thought it was time to say
 
Tea time Musings (with a different not-so-amusing stroke) >

Seizing the opportunity to have a look outside the window, - 
From the manufacturers'/sellers' point of view, pushing up marketing of split ACs will make sense. But certainly not that of the owners /residents of flats /apartments complexes;particularly in the context of growing tendency not to provide 'balconies' , which has come to be looked upon as a luxury. The point in mind is that,  in the result, and as an inevitable  but objectionable consequence, the second part of the split AC gets mounted on to the exterior common wall of the building; which the law says is part of the 'common areas', the commonly owned and  meant for the common enjoyment  , and not for individual's  use/ exclusive enjoyment . Besides the added noise pollution, that also entails potential damage to the exterior walls.  Seemingly, worthwhile to give some rightful thoughts*.

*Also to other such contrivances for exclusive personal use e.g. 'dish antennae' mounted / exhibited likewise ! 

 

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 ONLY 'DDA'; not the other "-DA's, nationwide ?! contd.

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The Union Territory of Delhi , it is noted, has a special enactment on more or less similar lines as in Maharashtra and Karnataka. That is available http://www.legalindia.in/the-delhi-apartment-ownership-act-1986

The neighbour Haryana State as well has an enactment of 1983 likewise providing for ownership of apartments by the buyers.

With these in the back drop, some of the observations in the News reported in AT and also elsewhere –

refer Here New Bill on Delhi apartment ownership in the offing - The ...

And Here Centre proposes new Bill to simplify sale, inheritance of ...

-  are not quite understood; instead, confusing (or with the subsisting confusion worse cofounded).

Especially that, it is quite puzzling as to why and what sort of simplification is spoken of. As one sees it, if at all, should there be lacunae, problems in implementation or enforcement, so on, what may be required are amendments, resolution, etc.  Not restructuring or rewriting /revamping the extant law.

Until there is any further development (s) and a clear picture emerges for clarity , one is left with hopes on hopes that in the name / under the guise of simplification,  the obtaining scenario will not happen to be muddled up. Same way as it has happened in respect of the task of simplification of the law on income-tax (the DTC); Or the concept of ‘”deemed conveyance” that came to be inserted in the MOFA, but according to a view mindlessly so, as commented 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

< Close On The Heels >>>>>>>

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Hindu Business Line ‎- 9 hours ago
The BJP Government is set to bring out a revised Bill to regulate the real estate sector, after talks with all stakeholders, said Urban Development ...
 
<> Yet again the Press Report, rather the entire gamut of official pronouncements / assertions covered, is too vague to be understood y or make any sense to the stakeholders;  especially ,  -let alone whose interests are intended to be taken care , as coming within the purview of the referred   "housing shortage of 300 lakh houses in urban areas"- those hapless victims of the players in the sector thus far remaining  unregulated , who have already invested or in the process of doing so. To be precise, what is imperative but long  overdue hence need to be given  the first and foremost priority / thrust is a sincere concerted action towards  scrupulously implementing and enforcing the special enactments on multi-storeyed building complexes that have alarmingly mushroomed in every one of the States comprising THE UNION.
 
As repeatedly emphasized by impacted / impaired stake holders, the last seen text of the Regulatory Bill requires, not simply  a 'revision', but a thorough redrafting and restructuring of it with a multidimensional focus on all its ramifications, to accomplish the objective behind the move.

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

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

Fiscal Budget 2014 Realty related..

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What is In store ? Wishes aired are galore; for an insight >

 
What home buyers want from Jaitley
 
 
www.thehindubusinessline.com · Here are the budget measures that will make a big difference to home buyers

..which, according to a school of thought, suffers from the malady of half-baked legislation, without giving due thought and incisive consideration of all its varying facets/ missed practical implications.

 
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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.

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For Updates HERE:

http://vswaminathan-swami...

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

Sharing of Common Expenses under KAOA 1972

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Dear Experts,

We intend to register our apartment association under THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972.

As far as sharing of common expenses are concerned, the proposal is to have a hybrid model, where day-day maintenance expenses which do not depend on the unit size (eg electricity bills, lift maintenance, landscaping etc) are to be divided on a per flat basis, while expenses which has relavance to the flat size (eg painting, structural repairs etc) are to be on a per sq.ft basis. We have incorporated the basis by a clear table in our by-laws.

However, clause 10 of KAOA 1972, states that The common profits of the property shall be distributed among and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.

Now, my question is : Are our by-laws valid? is it in violation of law?

How will our by-law affect the way we share profits when there is any redevelopment?

regards,

Savi

 

 

Savi3

World Book - a Leaf for THE DAY

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http://vswaminathan-swamilook.blogspot.in/2014/07/world-book-of-lessons-new-series.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

" 3 Idiots" and Exciting Song..

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<ALL IS WELL > Agree or Not , all depends...

Two flats merged into one must get tax exemption: Bombay ...

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


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

READ ALSO: Mumbai flat buyers at mercy of property developers

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 INFO.

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Rajendra Pratap Gupta posted a Resource
Plan for Circles and your inputs

Dear Friends,

Thanks for all your inputs on the various priorities and discussions so far. For the new members, the whitepapers submitted to PMO and various ministries from this circle are available at:
https://www.localcircles.com/a/index/core?thoughtleadership

This circle Transform India with Narendra Modi will continue to be our National Circle for enabling... More>>

 

Invited to Circle: Transform India With Modi
Founder: Rajendra Pratap Gupta

NB: A special Clarioin Coll, ostensibly with a unique and uncommon public- centric disposition. As perceived, might, in comparison to the rest open so far, be expected to prove resourceful and altruistically of added advantage to activists/ social activists among your participants who have been aspiring for a better to morrow, against all odds and insurmoutable mental- or other blocks confronted with all around.

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

How Low Aroused We Are / Opt to Remain so to eternity !

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Per last official count:
Q
Interest Circle
Rajendra Pratap Gupta is the circle founder and administrator.
All members in this Circle (6808) UQ

Think or ponder for a moment or while  how shamefully it compares, in the backdrop of the over-bloated, and
e(o)vergrowing 'populace' 

Whither Awakening or Awareness (even in the farthest sight)?!

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 !

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To Admn./ Chief Promoter

For convenienceof viewing, may i suggest the above order be reversed (i.e. bottom to top)

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)

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All Apiece (In One GO; Signal to march ahead, not in reverse direction))-

AT News

Self Re-Development of housing society buildings

Conveyance in favour of Society

F.S.I. under different schemes

What is Grievance Redressal Policy?

Worthwhile a study in-depth ?

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

Tragedy of Comedy !

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Self Re-Development of housing society buildings

Sporadic:

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

 

The 'tragedy' is that, mentioned 'comedy' entails the consequential problem, that becomes all the more serious, simply because of the facts of real life, such as,- that in a multistoried complex , though co-owned, - each one of them, driven by that incredible 'ego' within, more often than not , instead of acting cohesively and with one mind, and in harmony, wants / insists to have his own way. Not realizing that thereby, he is harming, bringing lifelong (even beyond) misery, not only to self, but to the rest in the community as well, pathetically minded likewise. 

 

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

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