Property Law Help and Guidance
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 […]
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 […]
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 […]
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 […]
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 […]
Under Rule 148 of the WBCS Rules, 2011, apportionment of cost of land, house or apartment in Housing Co-operative Society is to be decided by: “(1) The cost of any land (including its development cost) or the cost of any house or apartment on such land built by a housing co-operative society shall be apportioned […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
Section 452 CrPC applies when an inquiry or trial is concluded. After an inquiry or trial is concluded it is the duty of the Court to order the disposal of the property regarding which an offence was alleged to have been committed and to get back the property you need to file an application under […]
Original petition generally refers to any petition or any application in court that states the origination of disputes and seeks specific reliefs. Rule 3(9) of the Code of Civil Procedure defines Original Petition as: ‘Original petition means a petition whereby any proceeding other than a suit or appeal or a proceedings in execution of a decree […]
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 […]
To convert doba/tank or water body land into residential or commercial or homestead land, one has to apply to local municipality as well as the District Land Reform and Land Reform Officer (DLR/LRO) in the given format that is attached below. The cost for conversion is somewhere between Rs. 20 to Rs. 100 per decimal […]
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 […]
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 […]
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 […]
You must check the following before embarking upon buying any property, be it a house, land or an ownership flat or even a Co-operative society flat. The splurge of developers and builders in every nook and corner is of serious concern. So buyer beware… 1.Clear title of the land 2. Mutation of land in current […]
The concept of “Non Resident Indian” has been defined differently under various statutes such as the Income Tax Act, 1961 and Foreign Exchange Management Act (FEMA), 1999. The Citizenship Act, 1955 does not define “Non Resident Indian”. The Citizenship Act mainly provides for the acquisition and termination of citizenship. In brief, citizenship of India can […]
A cooperative housing society in West Bengal is formed under the West Bengal Co-operative Societies Act, 2006, which however came into force in 2010. Along with the West Bengal Co-operative Societies Rules, 2011, the 2006 Act regulates the formation, structuring and working of co-operative housing societies in West Bengal. Housing Co-operative society is defined under […]
The Indian housing industry is rapidly surging ahead as demand for property is a never-ending constant truth of life. This has inadvertently resulted in upswing of real estate companies of all sorts, big, small and mid-sized companies that are vying for attention of the buyers. However, in this pandemonium, the consumer has been the biggest […]
Land continues to be of growing importance in today’s age of technology and development and the essence of land is etched deep within the history of India. The concept of ownership of land was not prevalent in ancient India and from Vedic era till the establishment of Lord Ashoka “zamindars” were non-existent. Kings thereafter did […]
Safeguards to Tenant Under S. 14(1) (c) # Purpose for letting (i) residence, (ii) commercial, or (iii) any other purpose -> must be proved by landlord [I.D.Malik v Duli Chand 1968 RCJ 187] #Initial Purpose to run grocery shop, later running book-shop – > no ground for eviction [Rattan Lal v Asha Rani JT 1988 […]
In 1949, the State of West Bengal enacted the Calcutta Thika Tenancy Act, 1949 with effect from 28th February, 1949 for better provisions relating to the law of landlord and tenant in respect of thika tenancies in Calcutta. Thika tenant means any person (including his Successors in interest) holding land under written/otherwise lease paying rental […]
Tax Clarifications For Your Multiple House Property Investments
The basic purpose of Indian Stamp Act, 1899 is to raise revenue to Government. However, over a period of time, the stamped document has obtained so much value that a ‘stamped document’ is considered much more authentic and reliable than an un-stamped document. Power of Parliament in respect of stamp duty – Parliament can make […]