Saturday, 28 February 2015


Advocate at HSR | Litigation | Bank legal opinion | Attorney
The Supreme Court has provided major relief to nearly five Lakhs residents of the Bhandup - Mulund- Thane and also the Borivali - Kandivali and also the Sanjay Gandhi park, through a historic judgment. The SC put aside the court Judgment stating that their homes were engineered on forest land.
The SC bench comprised 3 justices – R.M. Loddha, Madan B Lokur and Kurien Joseph. In its judgment the bench ascertained that a tertiary question that arises assuming the controversial lands are forests lands, will the state be allowed to demolish the huge constructions created on that over the half century. Going by the facts and circumstances of the appeals the bench same that their answer to the present question is additionally within the negative. In its attractiveness the BMC had claimed that the flats are made on a land with an extent of 3000 acres that comes underneath the Forest Conservation Act.

The bench more ascertained that gazing the complete case over the decades there have been ton of ups and downs within the judgment passed. Whereas gazing the difficulty from the residents purpose of read, the bench of justice same the businesses and also the residents residing there cannot be censured for complete inaction of the State. The bench conjointly same the complete drawback cannot be looked from the State's perspective. Slamming the regime the court underlined it that it absolutely was state responsibility to confirm laws were enforced with affordable dispatch.

Godrej & Boyce owns more or less 133 acres of land in Vikhroli which will be unbolted for potential development in partnership with Godrej Properties. we have a tendency to have already got exciting plans for development in Vikhroli and this may more enhance the dimensions of development." Adi Godrej, Chairman, Godrej cluster same, "We are happy to notice the favorable judgment of the Supreme Court within the urban center forest land matter.

The Apex Court the order conjointly cleared the decks for developers and residents to travel ahead with their stalled residential, industrial and industrial comes within the space.

The bench judgment terminated by saying "basic principal of fine governance should be followed by each member of the manager Branch of the state all times.


Thursday, 26 February 2015

BDA informs the allotment of site to the applicant by a notice sent to the latest known address.  The successful allottee shall pay the balance amount of the site value within thirty days from the receipt of the notice of allotment. This period may be extended to 60 days only at the discretion of the BDA on request from the allottees. The allottee has to pay interest at 18% for the extended period on failure to remit the amount within the extend period; the allotment is liable to be cancelled.

The payment period is three years in case or persons belonging to Scheduled castes, schedules tribes, backward tribe, family of defense personal killed or disabled during hostilities and whose annual income from all sources does not excess Rs.1,800/- or belonging to weaker section as notified by the government from time to time.The balance amount may be paid in three annual installments without interest.

On payments of the balance amount of the site value the allottee will get the sale deed duly executed.The stamp duty, registration charges, incidental expand should be met by the allottee.  If the allottee is married the sale deed will be in executed in the joint names of allottee and spouse.

If the particulars furnished in the application form for allotment is found to be false or incorrect, the Bangalore Development Authority may forfeit the site value deposited and the allotment cancelled.

Earlier, on payment of full value of the site, BDA was executing only lease cum sale agreement, with a condition that the house should be constructed within a period of three years.

The absolute sale deed used to be executed/registered only construction of the house and the completion of the 10 years lease period.  The relevant rules were amended during year 2000, paving way for execution registration of sale deed on payment of full value of the site.  The entire process will be completed in a very short period.

Another interesting aspect is that the BDA rules provide for voluntary surrender of the site at any time to BDA, and obtain the full refund of the amounts paid.

But nobody would surrender the allotted sites to the BDA, as the open market offers attractive rates.Periodical amendments to the BDA (Allotment of sites) rules have removed many time-consuming procedures and restrictions.  The embargo sale of the allotted sites for a period ten years, construction of the house within three years nor more exists.This modification makes people more interested in buying the BDA sites.

With regard to number of attempts in an interesting case, the national consumer forum has ruled against BDA.The authority allotted a site to the applicant, which was later cancelled. The applicant has made six attempts, some as government employee and some under general category.It was contended by BDA that number of attempts under each category have to be reckoned separately for allotment of site. The district consumer forum, and state commission decided against BDA, which went in appeal to the National Consumer Forum, which upheld the decision of lower forums. The national commission held hat plain reading of BDA rules makes it clear that at best it is silent on the point, that number of attempts to read in each category separately, or altogether, so when law is silent on a point, the benefit should to the complainant.

Disposal of stray sites, commercial sites, and corner sites is governed by a different set of rules.

BDA has a responsibility to the people.  It is necessary that various rules that govern the BDA’s activities made known to the paying public.  Authority should come out with simple and updated version of the acts/rules, and be made available to the public at affordable price.


Wednesday, 25 February 2015


Legal service | Property lawyers | Advocate at south Bangalore

Power of Attorney means the power or authority given to a person (agent) by an individual (principal) to act on his behalf or on behalf of a group of individuals in business matters or any other matter.
It plays a vital role in transferring the lawful ownership of immovable property like land, building and water source, from one person to another. The person who holds the power is called the Power of Attorney Holder. He is employed by the principal to take care of his dealings with third persons.

A person competent to contract can execute a Power of Attorney. He can appoint one person or several persons to act on his behalf. Where several persons are appointed as attorneys, it is advisable to mention as to how they will act jointly or independently. If this is not mentioned, then they are at liberty to act jointly.

Power of Attorney, generally speaking, is of two types. Power of Attorney for a single specific purpose is known as “Special Power of Attorney” and the one involving more than one work or transaction is called “General Power of Attorney”.

The duration of Special power of attorney may be for a particular period or for an indefinite period until the task is completed.

A General Power of Attorney may continue to be in force until it is revoked or by death of either party. A registered Power of Attorney can be revoked by a Cancellation Deed.

Though, in general, a Power of Attorney is revocable, it cannot be done so in matters pertaining to debt security till the debt is cleared even though the debtor is not alive. It can be revoked if the principal becomes of unsound mind or he is declared insolvent. It cannot be revoked if it is made irrevocable. However it should be registered by paying applicable stamp duty. Power of Attorney attracts various provisions of The India Stamp Act, Powers of Attorney Act, Registration Act, The Indian Contract Act, Indian partnership Act, and the Indian Evidence Act.

A Power of Attorney is divided into ten categories according to the stamp duty payable. A Special Power of Attorney is given for a court case, for appointing one attorney in place of another, for collection of debts and for admitting execution and a General Power of Attorney is given for selling shares, to execute a Sale Deed, to prepare a layout and sell plots, to raise money through mortgage of property, to recover rents and many other acts.

A Power of Attorney need not be registered except in the case where immovable property is involved. According to the Registration Act, if a Power of Attorney gives power to present documents for registration, then it must be executed before and authenticated by the Registrar or the Sub-Registrar.

If the Registration Act is not in force at a place where the Executant lives, then a Magistrate’s authentication is necessary.If the Power of Attorney is registered outside India a Notary Public and Court Judge, Magistrate of that country, or Indian Consul or Vice-Consul or a representative of Central Government must authenticate it.

A Power of Attorney is executed in the form of a legal document generally in first person and begins either as “Know all men by these presents that I …….” or “By the power of attorney I ……….. or “This Power of Attorney made and executed on this……………….”

After a brief introduction, the operative part is brought in. Thereafter, the specific powers given to the person are mentioned in separate paragraphs. After these a general clause is added empowering the attorney to do such lawful acts and deeds, as he deems fit and proper in the performance of his duties.

It is the duty of the agent, the Power of Attorney holder, to act honestly and faithfully on behalf of his principal, the giver. He is legally bound to perform the tasks according to the wishes of the principal. If the agent acts otherwise and the principal suffers any loss, he must compensate the principal. He is bound to keep all accounts in a proper manner and produce it to the principal on demand. An agent possessing authority to carry on business has authority to do every lawful thing necessary for the purpose. Being a legal document, a Power of Attorney must be strictly interpreted and understood. Therefore, special care must be taken while drafting General Power of Attorney.


Tuesday, 24 February 2015


Real estate lawyers in bangalore | laws | Advocates in bangalore

Bangalore town has big by leaps and bounds within the last 2 3 decades particularly when the IT boom of the eighties.The real estate sector has conjointly unbroken pace with the expansion of town and the variety of properties have also big in lakhs. Town space has magnified to over 800sq kms from mere a hundred thirty sq kms 3 decades agone. so there are nearly 18-19 lakhs properties at this time within the town limits, out of that BBMP is obtaining tax from 15-16lakhs properties. With the increase in property costs several embezzled layouts have sprung up and therefore the frauds within the property dealings have also magnified. In several cases one property is oversubscribed to several innocent consumers who are knock at the doors of courts. Similarly, several money establishments and Banks are duped by the fraudsters by availing loans from many banks on one property with cast documents.

To manage the higher than issues and to create property transactions clear the Survey and Settlement and Land records Department of BBMP has launched a unique project,(UPOR)Urban Property possession Project underneath that the Property Register Cards (PRC) are going to be issued to the eligible property homeowners within the Bangalore town.As per Mr.V.Ponnuraj,Commissioner, of the aforesaid department, within the initial part the department can implement this project in 50wards out  of the 198wards within the town and every one wards are going to be coated in 2-3 years time.  He conjointly aforesaid the project are going to be enforced through private agencies which can be paid by the department and not through (PPP) private Public Partnership model. The once price per property card are going to be around R.300–400, which can be collected from the property homeowners at the time of issue of  PRC’s.

Property Record Card:
The department can maintain in one property register all the main points of the individual properties in an exceedingly info of the fresh developed package for this purpose. It’ll contain details of the individual properties like possession, any liabilities on the property, survey details on a map like form, area, dimensions etc, and conjointly map of the neck of the woods. This can be created mandatory for all properties within the town. This can provide AN identity to the property and might be utilized in property transactions, for availing bank loans, to pay property taxes etc.   

How Project are going to be implemented?
Before doing survey each landholder are going to be issued a notice and later the officers can demarcate the boundaries of the property. The officers can take some images of the property and can conjointly collect details of mode of acquisition on whether or not ancestral property, allotment by BDA, allotment from housing societies,Tax paid details, liabilities on the property etc., and these details are going to be keep within the info when cross checking with the records of the relevant government departments. For this purpose package is made and this can bring down the implementation amount to 2-3years from five -10 years if done manually.

Every property can have a file containing onerous and soft copies of the main points. Once the draft prc is prepared a similar are going to be issued to the property homeowners. a similar will be revealed in department web site, in town survey offices and revealed in leading Newspapers business for any objections from general public / property homeowners inside a amount of 30days.The officers are unconditional with similar judicial powers United Nations agency can verify the objections  and just in case of minor objections a similar can be resolved by them. If there are any major objections, court litigations, a similar are going to be recorded within the property file. When finishing these formalities the ultimate PR card are going to be generated and issued to the property homeowners.  At the time of issue of PR card homeowners photograph and hand biometry (all 10 fingers) are going to be taken. The prescribed charges are going to be collected at the time of issue of ultimate PR cards.

Benefits to the voters 
The PR card are going to be the identity of the property. This can be employed by the property homeowners altogether property connected transactions, will simply avail bank loans because the burden on the property are going to be mirrored within the card, will use it for paying capital levy. The cardboard are going to be handy at the time of applying for modifications, building plans approval and alternative dealings with the Bruhat Bangalore Mahanagara Palike. The khata is merely AN account with the BBMP for assortment of taxes and isn't a property title, as everybody believes.Similarly, the Sale Deed is one among the documents of property that authenticates the Sale dealing and can not make sure possession, since the Sub- Registrar’s workplace won't verify genuineness of the property possession at the time of registration.Since,the PR card includes all the main points of the property like mode of acquisition, measurements, photos, survey report, neck of the woods map, any loans on property, etc., the PR card can make sure the possession of the property.The sale transactions takes place quicker since getting opinion work are going to be reduced and frauds will be avoided.The consumers will also get benefited since PR cards will contain additional details of the irregularities within the property like embezzled layouts, encroached properties, legal proceeding properties etc.

Benefits to the civic authorities    
The civic authorities can have elaborate info of all the properties underneath its limits and might simply monitor civic and aggregation problems.The embezzled layouts, encroached properties, building arrange violations etc., is simply monitored and acceptable actions is taken against the violators as per law.Once all the properties area unit additional to the info of the package nonpayment is checked thereby increasing the revenue of the involved authorities.The authorities will give higher amenities to the residents and improve infrastructure, with increase in revenue collections. 

The aim of the project is kind of applaudable and extremely helpful if effectively enforced as planned.The authorities should take foolproof measures to plug any loopholes at the time of implementation of the project.Further,the project needs to be enforced inside the timeframe mounted.

legal agreement
Advocate at HSR