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

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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

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

Can a Trust, Company or Firm own Co-operative Housing Property in West Bengal

Transfer of property defined under Section 5 of the Transfer of Property Act, 1882 as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act. … Continue reading Can a Trust, Company or Firm own Co-operative Housing Property in West Bengal

How to Sell Land and become Member of a Co-operative Housing Society in West Bengal

To register a co-operative housing society in West Bengal, you need at least 8 members. If one member has the land in his name he cannot start the society without the requisite number of members. However, under Rule 131(6) of the West Bengal Co-operative Society Rules, 2011 (WBCS Rules 2011), a person conveying a plot … Continue reading How to Sell Land and become Member of a Co-operative Housing Society in West Bengal

How to Lease Public Charitable Trust Property in West Bengal

The law of trusts in India has developed in its own specialized way but it has definitely created a lot of advantages as a very convenient instrument for running religious and charitable organisations. A trust provides the means by which specific benefits are carved out for different people who are interest in the same Trust … Continue reading How to Lease Public Charitable Trust Property in West Bengal

Managing Co-operative Housing Society and Allotment of Flats

Under West Bengal Co-operative Society Rules 2011 (WBCS Rules 2011), Rule 124, before the Housing Society gets registered, the members should hold a meeting where the Chief Promoter, Chairman, Vice-Chairman and Treasurer from amongst the promoters should be elected. The proposed name of the Society should also be discussed and the agreement to be entered … Continue reading Managing Co-operative Housing Society and Allotment of Flats

Save Capital Gains from selling Co-operative Housing Property

To understand Capital Gains from selling Co-operative Housing Society flat/plot in West Bengal it is important to understand the specific provisions of the Income Tax Act as provided under: a) Section 54: In case the asset transferred is a long term capital asset being a residential house, and if out of the capital gains, a … Continue reading Save Capital Gains from selling Co-operative Housing Property

Disputes and Differences in Co-operative Housing Society

If disputes arise in a co-operative housing society located at Kalyani, Krishnanagar, Nadia, Salt Lake, or any part of West Bengal then such disputes are to be referred to the Deputy Registrar or Assistant Registrar of Co-operative Societies in West Bengal. In accordance with Section 102 and Section 145 of the West Bengal Co-operative Societies … Continue reading Disputes and Differences in Co-operative Housing Society

Hypothecation and Mortgage Property in India

Hypothecation legally means providing something as collateral for any form of debt. However, although a collateral security is provided the debtor usually does not have to turn over physical custody of the collateral although the lender is "hypothetically" in control of the collateral. The Indian Contract Act does not define the term ‘hypothecation’, however, section … Continue reading Hypothecation and Mortgage Property in India

Data Theft and Data Protection Precautions in India

At the outset, it is stated that under the Indian Law, “ Data Theft” is a misnomer. Under the Indian Law, there is no offence of “Data Theft” i.e. theft of Data. Section 378 of the Indian Penal Code, 1860 defines Theft as follows:- “ Theft – Whoever, intending to take dishonestly any movable property out of … Continue reading Data Theft and Data Protection Precautions in India