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Real Estate Help

Rights of Mortgagor and Mortgagee in India

INTRODUCTION: Definition of the term Mortgage: According to the Section 58(a) of the Transfer of Property Act 1882 “A mortgage is the transfer of interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or performance of […]

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Housing Society or Apartment Association in India

Housing Society or Apartment Association in India If you are wondering whether members and flat owners should register a housing society or apartment association, it is important to understand the core differences. Housing Society or Apartment Association in India are regulated by different laws and have different procedures. Housing societies are primarily formed in India […]

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Road Ahead with the Indian Real Estate Act 2016

Under the recently passed The Real Estate (Regulation and Development) Act, 2016 (RERA), India has adopted several new features that will control the real estate market. Most importantly, the Act brings in Real Estate Regulatory Authorities who will be in charge to ensure compliance with the law. With the authority in place, all projects and […]

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NRI Real Estate Investment Opportunites and Concerns

The Indian real estate market continues to grow rapidly. There is a positive sentiment flowing throughout the country and the real estate market is riding the wave. According to the World Investment Report by United Nations Conference for Trade and Development, India is currently ranked fourth in Asia for FDI inflows in 2016. Indian real estate […]

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Legal Article Real Estate Help

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 […]

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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 […]

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Legal Article Real Estate Help

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 […]

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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 […]

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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 […]

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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 […]

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Management of Funds, Cost, Profit, Accounts of a Co-operative Housing Society in West Bengal

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 […]

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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 […]

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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 […]

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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 […]

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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. […]