Developers do not Have to Maintain Flat or Apartment after Registration is Completed

Developers do not Have to Maintain Flat or Apartment after Registration is Completed and Property Handed Over The Calcutta High Court in Merlin Tf Lake View & Ors vs Ruchir Jain & Ors on 26 August, 2015, held that: "Once the apartments are constructed and registration is completed, we fail to understand how the maintenance charges … Continue reading Developers do not Have to Maintain Flat or Apartment after Registration is Completed

Advertisements

Consumer Complaint Online Portal in West Bengal

For those of you who are looking for ways to file consumer complaints against those who are negligent in their services or goods. The West Bengal government has recently launched an online complaint portal that will help them to tackle such complaints effectively. You can now file complaints here: https://wbconsumers.gov.in/ProtectedPages/con_login.aspx Here is more information about how to … Continue reading Consumer Complaint Online Portal in West Bengal

New Changes to Thika Tenancy in West Bengal

In continuation to the earlier analysis of thika tenancy in West Bengal : https://advocatechenoyceil.com/2013/07/13/deconstructing-west-bengal-thika-tenancy/ It has now come to light that the current West Bengal government is trying to bring a one window mechanism to help thika tenants and bharatias regulate their holding. Under the new law, the thika tenants or bharatias will not require the … Continue reading New Changes to Thika Tenancy in West Bengal

Ministry of Corporate Affairs sets up INC-29 for easy business setup in India

Setting up a business in India is set to become simpler and easier in the coming years as the government has already set up several measures to reduce the time required to set up business in India. To get things done electronically, the company must first apply to get a digital signature certificate (DSC) from … Continue reading Ministry of Corporate Affairs sets up INC-29 for easy business setup in India

Co-operative Society cannot Charge Fee or Raise Donation to Approve Transfer of Property

According to the latest update in the FAQs by the Department of Cooperation, the cooperative housing society cannot charge any fee or donation for transfer of membership from the transferor/member. This is the latest update from the previous position, where, the society could charge upto 0.5% of the sale value in terms order no. 2522 dated … Continue reading Co-operative Society cannot Charge Fee or Raise Donation to Approve Transfer of Property

Separately Selling Car Parking Space Illegal

Today, most developers are selling stilt car parking separately but it is illegal as held by the Supreme Court. Common areas cannot be sold by the Builder/Promoter but the Co-operative Society can regulate such spaces to allow parking to the members of the society. The Supreme Court in Nahalchand Laloochand Private Limited v. Panchali Cooperative Housing … Continue reading Separately Selling Car Parking Space Illegal

Forming Apartment Association under Apartment Ownership Act West Bengal

An apartment or a flat is a self contained housing unit that forms part of a building. Under West Bengal Apartment Ownership Act, 1972, (the Act) Section 3(a), an apartment means a property that has direct exit to a road or to a common area leading to such road and the apartment along with common … Continue reading Forming Apartment Association under Apartment Ownership Act West Bengal

How to Transfer Land, House or Apartment in West Bengal Co-Operative Housing Society and Take Action if Society Denies Transfer

Steps to Transfer To transfer house, land or apartment in Co operative society in West Bengal you need permission of the Society as provided under Rule 131 (3) of the WBCS Rules 2011 r/w Section 92 of the WBCS Act 2006. However, if the Society is asking for donation amount more than 0.5% (prescribed under … Continue reading How to Transfer Land, House or Apartment in West Bengal Co-Operative Housing Society and Take Action if Society Denies Transfer

TRANSGENDER RIGHTS IN INDIA: THE ROAD AHEAD

On 15th April 2014, the landmark judgment in National Legal Services Authority v Union of India and Others (Writ Petition No. 400 of 2012 with Writ Petition No. 604 of 2013) was passed. The court was constituted of two judges and the leading judgment was given by Justice K.S. Radhakrishnan, whose judgment was endorsed by … Continue reading TRANSGENDER RIGHTS IN INDIA: THE ROAD AHEAD

Live-In Relationships and Protection from Domestic Violence for Women in India

Background of Domestic Violence Act and Live-In Relationship in India The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society. The DV Act has been enacted to provide an effective protection of … Continue reading Live-In Relationships and Protection from Domestic Violence for Women in India

Sale of Debutter Property/Deity Property and Role of Shebait/Manager

Hindus have been known to dedicate property for religious and charitable purposes since the Vedic ages. Dedication of property has been mainly under two heads: Ishta and Pushta, which have been considered as means for going to heaven. The former indicates the Vedic sacrifices and rites and gifts associated with such sacrifices while the latter … Continue reading Sale of Debutter Property/Deity Property and Role of Shebait/Manager

In Mutation Application Corporation Cannot Question Title Existence

It has been held time and again that in mutation application, the municipal corporation or concerned authority should not go into the question of whether valid title exists for the applicant. Mutation of property does not prove ownership or title to the property but it only showcases that the State is collecting revenue for the … Continue reading In Mutation Application Corporation Cannot Question Title Existence

Co-operative Housing Society West Bengal and NRI Membership

A Co-operative Housing Society is formed under the West Bengal Co-operative Society Act, 2006 (previously the West Bengal Co-operative Society Act, 1983). The Act extends to the whole of West Bengal and came into force on 18th January, 2011 vide Notification No. 177 - Coop/H/2R – 1/2006. Under Section 157(1) of WBCS Act, 2006, the … Continue reading Co-operative Housing Society West Bengal and NRI Membership