An article about " Judgement "

Latest SC Judgment states Buyers will have to forfeit in payment if remaining installments are not made on time

Make sure that you read the agreement carefully before you buy a flat and sign on the dotted line. Recently in Delhi, a Buyer lost Rs. 7 Lakh to a Builder after he was unable to pay the rest of the amount for the property. As per on October 18, the Supreme Court Judgement, the Builder had the right to keep the initial amount paid and even cancel the deal since the Buyer had failed to make the payment on time. The property was worth of Rs. 63 Lakh.

The Purchaser of an immovable property could forfeit his money if he fails to pay the remaining sum, the apex Court said.

The Realty Experts believes the Judgment could set a dangerous precedent. “Builders who aren’t Professional could collect earnest money and then come up with some frivolous excuses claiming that the Buyer didn’t stick to the agreement, and thus call off the deal and forfeit the money.

The agreement holds the key to the deals. The Buyer will now have to be very cautious before signing and registering an agreement. Even a simple mistake could cost him not only his money but even the deal. This helps the Builders to save themselves from Buyers who give a small amount of money and then not pay the rest, because of which the Builder’s project gets stuck.

The agreement executed by the total amount from the Purchaser should be in conformity with the Law of the land.

A Builder has no right to collect more than 20 percent of the total amount from the Purchaser before executing the registered agreement. The Builders cannot collect more than 30 percent thus, aggregating 50 percent unless he completes the construction of all slabs of the building to be sold. Such rules should be read before signing an agreement.

An article about " Importance of curing in building construction "

Importance of curing in building construction

In concrete construction, the importance of curing cannot be over-emphasized. Concrete which is not adequately cured and loaded before it attains full strength is very likely to develop cracks. The cracks in concrete adversely affect its durability by corrosion of reinforcement.

IS 456-2000 (plain and reinforced concrete – code of practice) defines curing as “the process of preventing the loss of moisture from the concrete while maintaining a satisfactory temperature regime”. The moisture loss takes place in two ways. One is by evaporation caused by the heat generated during hydration of cement. Second is by evaporation aided by atmospheric temperature and wind. The evaporation caused by wind and atmospheric temperature increases when the exposed surface area of concrete increases. 

In the case of horizontal surface such as top of flat slabs, moisture loss is prevented by ponding – making a pond 8 cm to 10 cm deep and keeping it filled with water. If the surface is sloped or vertical, ponding is not possible. Such surfaces are covered by a layer of sacking, canvas, hessian or similar materials and kept constantly wet. IS 456-2000 stipulates that exposed surfaces shall be kept constantly wet at least for seven days if ordinary Portland cement is used, and at least for 10 days, where mineral admixtures or blended cement are used.

IS 456-2000 permits removal of vertical form-work of column, beams and walls after a lapse of 24 hours of placing concrete. It also permits removal of form work from the underside of slabs after three days if propos (vertical supports) are re-fixed immediately. Removal of formwork from the underside of slabs exposes the entire surface to atmosphere and abets moisture loss.  This part cannot be kept wet by ponding or by covering with sacking or hessian. Spraying of water is also not effective to keep the surface constantly wet. Thus, removal of formwork conforming to provisions of is code makes it virtually impossible to comply with the provision regarding continuous curing of exposed surfaces for seven or 10 days.

To speed up construction, the columns above the slab are raised the very next day of casting the slab. When column raising and shuttering for the upper slab are in progress, the ponding of the top surface of the slab is often neglected as it inconveniences the workers engaged in form work erection. The ultimate result is inadequate curing adversely affecting the strength and durability of concrete.

Now-a-days, there is a craze for shorter cycle time for slab casting. The cycle time is the interval between casting one slab and the slab immediately above it. A 10-day cycle time means once the slab at a particular level is cast, the slab immediately above it will be cast within 10 days. The concrete attains design strength in 28 days. Within that period, two upper slabs will be cast if the cycle time is 10 days. Form work blow the lower slab will have been removed, because IS code permits removal of vertical support below the slab (spanning upto 4.5 metre) after a lapse of seven days. The stipulation that forms shall not be released until the concrete has achieved a strength of at least twice the stress to which concrete may be subjected to at the time of removal of form work is conveniently overlooked. Thus, a 10-day-old slab, which, in all probability is not properly cured, carries the weight of the slab immediately above it. It is also subjected to impact load caused by the vibration of concrete and movement of trolleys carrying concrete.

Another instance of speed affecting quality of construction is in masonry and plastering. Bricks required for brickwork in cement mortar should be soaked in water at least for six hours. Earlier, the practice was to keep the bricks overnight in a tank filled with water and take them out in the next day for use in masonry. This practice is now seldom followed. The present day practice is to spray water on bricks kept in stacks. By this, the bricks in the inner layers sometimes even do not get wet. Brick, if not properly soaked in water, absorbs water from the mortar in the joints and it reduces the bonding between bricks and results in masonry with poor strength. Brick, if not properly soaked, will absorb water from the plaster mortar also. This will result in development of cracks in the plaster, which might also break up. The brickwork in cement mortar should be cured for seven days and plastering should be done only after the curing.  But, to save time, it is a common practice to start plastering earlier. This too results in development of cracks in plaster. Concrete blocks are being widely used in place of brick.  These blocks should be cured for 28 days for attaining full strength. It is now a common practice to use it much earlier.

Owners should resist the temptation to set unrealistic deadlines. Contractors in their eagerness to get the order should resist the temptation to accept such deadlines. Time is money, no doubt.  But trying to save money by sacrificing quality will prove only counter-productive.

An article about " Parameters for Purchase of Property "

Parameters for Purchase of Property 

Every person desires to have a house of his/her own according to his or her financial position. It is the emotional bondage towards the house that over weighs than the concrete structure of the house. Normally, a person invests money to acquire immovable property either once or twice. Therefore, the purchaser has to put forth a lot of efforts to get the immovable property with good, clear and marketable title. When once a property in a good locality with marketable title is purchased, he can live peacefully and comfortably in the said property.

It is not easy either to buy a new house/apartment or to construct a house. A person intending to purchase an immovable property either for his occupation or for investment purpose, has to look into various aspects involved in the purchase of an immovable property. If the desire of a person is to buy an apartment, then it is necessary to identify the right location and a reputed builder and if the desire is to construct a house, then a reliable and competent person to undertake the construction work is very necessary.

Selection of location

Before acquiring any property, more impetus should be on the location since it plays a paramount role in almost all aspects of the real estate. However, the process of identifying the location for owning any property depends upon the purpose for which such person intends to invest, which could be either for residential or commercial, since the priorities differ according to the purpose for which the property is intended to be purchased. Selecting a property situated at a convenient and suitable location will result in appreciation of its value and this in turn satisfies you, for having invested in a profitable property.

The location of the property depends upon the purpose for which the property is purchased. In case the property is purchased for self-occupation, a residential locality not far away from the heart of the city is preferable and in case the property is purchased for commer­cial purpose, it is very important that the property is to be situated in a place which is easily accessible to the public. One should not yield to the pressure created for purchasing a property at a cheaper price. Instead, one should ensure proper verification and examination of documents with extraordinary care. It is advisable to select properties situated in the layouts approved by the competent authorities, which, in turn would enable you to avail all the facilities within the layout. It is also important that the area should have basic facilities and civic amenities to ensure better enjoyment of the property. The infrastructure facilities should be good in all respects. That apart, the size of the plot to suit your pocket and the permitted FAR (Floor Area Ratio) are necessarily to be considered.

The first and foremost thing that should be kept in mind at the time of identifying the property is that the property intended to be purchased should not be located within the close vicinity of a slum area or place of worship or of a drainage line.

The following are some of the guidelines required to be considered while choosing the location:

• Generally, persons prefer to spend more time in their residences for rest, sleep and family interactions after they return from work. The location for residence should be free from air pollution and noise pollution. Good environments including natural light and good ventilation will be an added advantage from the health point of view. Added to this, an area inhabited by decent, educated and cultured people would be a gifted advantage.

• Civic amenities like park, school, police station, temples, community hall, hospitals, auditorium, should be available in the locality. Better road facilities will save more time to reach the place of work in time, though the location of the residence is little away. Apart from the above, it is also necessary that banking facility, ATMs, public conveyance, public telephone booths, Internet Centers and others are available within the vicinity of the property.

• Availability of water supply, power supply, ground water and sanitary line should be ensured and in case of bore-wells, then good ground water table is also necessary.

It is always good to purchase an apartment built in a layout approved by the competent authority, since it would ensure better amenities to occupants. The location must also be free of any kind of pollution or congestion. If the person wants to own a house or a flat for self occupation, it is advisable to prefer a purely residential area than a commercial one. It is also important that such layout should also comprise of well-laid roads with good sewerage system, along with regular garbage clearance. Care should also be taken to ensure that the location is not very far from the Work Place, Market Place, Educational Institutions, Hospitals, Bus Stand, Railway Station or other basic and important destinations.

For maintaining good health, it is necessary to inculcate the habit of jogging or walking regularly, for which Public Parks or Gardens with jogging track is necessary. Therefore, it is preferable to own a house or a flat wherein such parks or gardens are easily accessible. One thing that always concerns everyone is the parking of vehicle and other logistic issues, which we should ascertain before purchase.

Now, coming to the people residing in the vicinity, emphasis should be on an area inhabited by decent, educated and cultured people with a cosmopolitan outlook, which plays a major role in the personality develop­ment of an individual. One has to ensure that the area is not housed with anti­social elements who create social disharmony. In order to avoid noise pollution, it is necessary to verify whether any factory or workshop especially, the ones which work in night-shifts are situated in the immediate neighborhood. To ensure good sleep and less pollution, pick up an area, which is free from any factory or workshop (especially night working) in the precincts of your location. Further, the property located close to highways or heavy traffic areas are better avoided.

Value of the Property

Another important factor to be considered at the time of choosing a property is regarding the resale value. This naturally depends upon the location again. A developing area is preferable than a developed area, since the market value in the developing area is compara­tively low and value appreciation is more.

Non-availability of parking space and traffic congestion will have a negative impact on the value of the property. Accessibility to the rail­way/bus stations, airport, star hotels and availability of infrastructural facilities play an important role. The residential area should not be located on the main roads, highways, heavy traffic flow. It should not be near the area of high tension wire. It should be preferably away from the railway line to avoid noise, away from burial ground or cremation center. Besides, the location should not be in any low lying area to avoid water logging and inundation of water in case of torrential rains etc. Also, it should be away from lakes, water tanks, main drains and sewage water storing areas. The land should not be filled up with clay soil and not prone to land-sliding.

Vaastu Aspects

The concept of Vaastu plays an emotional role and solely depends upon the individual's belief and preference. Belief in Vaastu concept varies from person to person. It is seen that the concept of Vaastu has gained much momentum now a days. It is better to select an immovable property conform­ing to the Vaastushastra which may yield good value upon resale. Equally important is the selection of a rectangle or square site and direction wise, it is better to select North and East, as generally people do so. It is suggested that instead of banking upon the Vaastu alone importance may be given to the size of the plot and the Floor Area Ratio along with the price tag.

Financial aspects

The property scene is similar to that of speculative industry; prices can either appreciate  or depreciate, though the latter is rare. In fact, it is the difference in the amount of gain in value and the time taken to achieve such appreciation in value which is important. Slow and poor appreciation in value would be almost equal to depreciation while fast and large appreciation can give benefits like any other investment and that too without any effort on the part of the investor. A thorough study of title, location, develop­ments already in the area, the expected development in the area, other facilities already in place and surrounding places and a careful analysis of these factors before purchase can ensure great benefits and greater peace and prosperity to the purchaser.

In the sky-rocketing real estate price both in urban and suburban areas and mushroom growth of apartment culture in and around cities which are being sold at exorbitant price, nowa­days, a person may not be able to purchase a good property at a reasonable rate. It is always advisable to select a property to suit his budget, otherwise he will face a lot of problems and the income will go to repayment of the principal and the interest only. Nowadays, Bank finance/loan is easily available for long term i.e., 15 to 20 years subject to fulfilling their terms and conditions. Instead of purchasing 30 x 40' sitewith Ground + 2 upper floors, a person can purchase 60 ' x 40' site and construct only ground floor with further provisions to construct additional floors suiting to their requirement and budget at later stage.

Instead of purchasing an immov­able property in an isolated area, it is better to select it in an area having good road facility and public transport system which would be convenient for up and down traveling to work spot and back home and also helpful for the school going children. If you purchase a property in an isolated area, you are likely to encounter a lot of unforeseen problems.

Choosing a vendor

Conveyance of marketable title in favour of the intending purchaser is also one of the pivotal requirements which decide title of the purchaser over the property. Thus, while selecting a vendor/promoter, you need to undergo thorough investigation about the history of the Vendor or the Promoter and the title over the property. This can be done by scrutinising and verifying origin to trace the title, flow of title and the present status. In the case of Promoter, apart from the above, enquiry should also be made about the earlier projects undertaken by him.

Credibility of the vendor

Presently, the Real Estate is booming due to various factors viz. IT Boom, High salaried people, soaring share prices and the easy availability wide range of home loans. The Builders/promoters are having a field day, as the demand for properties is mounting. That being the situation, it is very important to opt for the purchase of a flat/apartment constructed by reputed Builders, because some builders, having no experience in the field of construction may take undue advantage of the mounting demand and may cause damage to the intending purchasers by making false assurance, with poor result and high prices. We hear a lot of stories about such bogus builders, whose motto is to cheat the people, collect the money and disappear with such money. At the outset, before making any kind of investment either in apartments or plots or in any type of property, it is very necessary to obtain the list of reputed builders who are involved in the real estate business from quite few years. Once such list is available, then it is necessary to make a thorough investiga­tion about the antecedents of the short listed builders. Invest your hard earned money in projects promoted by renowned developers having proven track record. Do not believe the words in the advertisement 'Financial Institutions approved Projects'

Track record of the vendor

Purchasing a property is time-consuming process involving various factors discussed above. Do not simply believe in a Developer's project presented in a colorful brochure with glossy photographs and pictures with a lot of promises to be undertaken. It is advisable that before investing your money in flats or in an independent house property, choose a well known builder/developer/promoter and in cases where vendor is an individual, ascertain genuineness of the owner­ship. Thoroughly check up the track record of the developers and verify successful completion of their earlier projects. Investing in an independent house or flat built by any unknown builder is always a risky act. Before booking a flat, it is necessary to verify the track record of the builder for prompt delivery, construction standards, adhering to the agreed cost without escalation, providing basic amenities. Ensure that the construction is carried out in compliance with the municipal laws without any deviations from the approved plan and also check the post sales service.

Do not depend upon the Developer's legal opinion obtained from their Advocates and you have to check up documents through your own Advocate.

It is advisable to try and meet the residents residing in the apartments constructed by such Builder.

If an offer to sell a flat/apartment is made for the price which is much lower than the prices prevailing in the market, then it is advisable to think it over than being carried away by the throw away price offer as such purchases may encounter some unknown problems.

The next important aspect after finalizing the builder from whom the property is intended to be purchased, other aspects such as promptness in delivery,construction standards, strict adherence to the agreed costs without anyescalation, providing all the basic amenities as promised at the time of booking are important.

Any document substantiating the claims of having obtained BDA's no objection certificate or approval from the competent authority should be considered only after verification of the genuineness of such documents.

Legal aspects

Buying a property with unclear title is like 'paying the money and buying headache'. Generally, owner of property with unclear title, either himself or through his agents/brokers offer the property at cheap rate and pester upon the prospective purchaser to buy his property at short notice. It is not advisable to purchase any property in an hurried manner. It is always better to subject all the documents to rigorous scrutiny, verification and   seeking  expert's opinion to ensure marketable title of the immovable property. In the process, proper and reasonable time need to be given for legal scrutiny and opinion. Upon such advice by Advocates, further efforts should be made to verify various records in the concerned Government Departments

Origin of Property

The origin of property, continuous flow of the title and present status of the property should  be thor­oughly checked. Services of an Advocate who is having specialized knowl­edge and practical experience in the property matters should be utlised. It is advisable to check up history of the property at least for the past 50 years. It is also important to find out existence of minor claims, court litigations, Government acquisition proceeding, Zonal regulations and other subsisting charges on the property.

Before entering into an agreement, the purchaser has to verify all the original documents pertaining to the title deed personally to make sure that immovable property is free from mortgage by deposit of title deeds and other charges created thereon. The deposit of title deed will not be reflected in the Encumbrance certificate.

Public Notice

The purchaser should act according to the advice given by an experienced Advocate. If an Advocate insists on issue of Paper notification in a leading local News paper, the purchaser can do so. However, the Paper notifica­tion cannot guarantee any title over the property. If anyone has any objection to the sale transaction, such claims or objections will come to light before sale transaction which may render a great help in taking further decisions. It is the duty of the vendor of a property to settle such claims or objections if any before sale. 

Further, a purchaser should make discrete inquiries and verify from the inhabitants ofthat location and also neighbours about ownership of the property to be purchased. Apart from verification of the main title deeds, scrutiny and verification of the support­ing documents like revenue records and other sanctioned plan/licenses etc., would help in ascertaining title of the property.

Safe investment

As far as residential property is concerned, it is safe to invest in those projects which are completed rather than those which are still under-construction.

For those who intend to invest on the property other than residential, for getting steady rental incomes, invest­ment on the ready to occupy properties may be a wise choice. Also, the possibil­ity of capital appreciation would be very great as ready possession property attracts premium market rates. Thus, purchasing an immovable property free from any kind of impedi­ments is a time-consuming affair and it requires selection and involvement of professionals such as Advocate, Architect, Structural Civil Engineers, Contractors and Real Estate Agents.

Tips in brief

1.     Scrutinise the documents with an experienced Advocate. Ensure that the documents of title of the property you intend to purchase are clear. Defective title will create problems at any point of time.

2.      Always go for a property, which has a resale value.

3.     Ensure that the building has been constructed as per the sanctioned plan and if there are deviations they should be within the permissible limit. The property should not be in a low-lying area.

4.     You may always rope in the services of a reputed real estate agent and fix his commission well in advance.

5.       Purchase the property in a developing area. The value of land will appreciate.

6.       If you prefer a ready-to-occupy flat, select a flat which is off the main road on a wide street with adequate water supply, away from cinema hall, marriage hall, open drain, factories and place of worship but not very far from school, college, commercial complex, temple and hospital.

7.       If you buy a Flat/Building under construction, visit the work site regularly and see the progress of work.

8.       You may not be a Vaastu believer, but purchase House or Flat or land that is Vaastu-friendly from resale point of view.

9.       If anyone offers flats/sites at a cheaper rate than the prevailing market rate, there may be certain hidden problems. So you should be extra careful in finalising the deal of such a property.

10.    Ensure that the developer has Clearance Certificates from government departments, viz., Electricity Board, Water and Sewerage Board, etc..

11.      Commencement Certificate and Occupancy Certificate are other important documents that are necessary while buying the flats.

12.      Check up the genuineness of the documents with the concerned authorities in person.

13.    Ensure Agreement for Sale and Sale Deed, duly stamped, executed and registeredare in your possession. Both should contain fair clauses for both the parties.

14.    In case of flat purchase, specification of the building, including material used, difference between the carpet area and the super built-up area are the important factors to decide the rate. Other facilities like Club House, Swimming Pool etc., will also have to be considered.

15.     Check up whether there is adequate water supply and sanitary line facility.

16.     In case of GPA transaction ensure the validity of GPA.

An article about " SOME COMMON LAPSES IN APARTMENT OWNERS' SOCIETY / ASSOCIATION "

SOME COMMON LAPSES IN APARTMENT OWNERS'SOCIETY / ASSOCIATION

The Apartment Owners' Associations / Societies basically are formed to look after the common interest of their members and their common assets and work as a non-commercial / non-profit making body. Though it is registered as non-commercial body, attempts are made to convert the Welfare Society /Association into a commercial and profit making body by undertaking or allowing commercial activities.

Further, though only the apartment owners are eligible to become members of Apartment Owners' Society / Association, but in reality, in certain associations, persons other than the apartment owners also become members of such association or society and also become office bearers of Board of Management. The non-owner office bearers may not have commitment for the common welfare and for the development of the association and thereby lapses do occur in the management of these welfare  associations.

The following are some of the lapses generally noticed in  the Apartment  Owners Welfare Association/Society:

LAPSES IN GENERAL ADMINISTRATION

1. No basic records are available with Society / Association. Even the Register of Members is not kept updated and copies  of Sale Deeds of Apartment in favour of  members are not available with Society / Association.

2. There exists  no office room  for the Society / Association. As such even the routine work of the Society / Association cannot be performed in a scientific and orderly manner. This would affect the preparation of the documents for the periodical meetings and the general body meeting.

3. No Attendance Register is maintained for paid staff of the Society / Association. No paid care-taker is engaged by Society / Association to work on full time basis. No duty list and timing is specified in his appointment order. No Security Deposit is  taken from the care-taker. 

4. Subscription and maintenance charges bills are not issued every month regularly, and even  if issued, these bills  may not  contain the penalty amount for the belated  payment of association fees. 

5. Defaulter list containing flat No., name of Defaulter and Amount due from him is not exhibited on Notice Board.

6. Outside public are permitted to use toilets in the apartment building in cellar portion. 

7. Passenger lifts are used for carrying heavy and bulky items. 

8. Visitors' Book is not maintained properly at the entrance of Apartment Building.

9. Sales persons are freely allowed to contact flat occupants for sale of their products.

10. Apartment building is not insured against fire, earthquake and other similar natural calamities.

11. Heavy amounts are spent without proper sanction of the general body of the society/association

12. 'SPECIAL PURPOSE DEPOSITS' are utilized for routine maintenance of the apartment building. 

13. Auditing of accounts is either avoided or delayed.

14. Maintenance charges are charged for shops on par with maintenance charges for residential flats. Maintenance charges for four roomed, three roomed, two roomed and one roomed residential flats are charged uniformly. Sharing of maintenance charges on pro-rata basis depending on the value of an apartment is welcome.

15. Commercial activity like Beauty Parlor, Creche, Toddler, School, Shops are permitted in residential flats. 

16. Mobile phone communication towers are permitted to be erected on the terrace of Apartment building.

17. Legal obligations of Society / Association such as 

(i) Submission of Annual Return of elected member of Board of Management

(ii) Submission of Annual Audited Financial Statement to Competent Authority 

(iii) Submission of any amendment to Registered bye-laws of Society / Association for approval and filing in records of the Competent Authority are not complied with.

18. Unauthorized construction in common area and inside the flats are permitted by Society / Association with tacit approval.

19. Society / Association allows additional floors to be constructed on existing building without Municipal Sanction.

20. Society/Association starts to function when only a part of the building is constructed without obtaining Occupancy Certificate from Municipal Authorities.

21. No. surprise checks are made during  night times to see whether watchmen are vigilant while on duty.

22. No surprise checks are made for unauthorized vehicle parking in the parking area.

23. No tripartile Agreement is executed between Society / Association, owner member and the tenant / lessee.

24. No copy of Registered bye  laws with amendments are given to new entrants as members.

LAPSES IN SAFETY, SECURITY AND MAINTENANCE

(a)Safety

1.       Inadequate fire fighting systems are provided in the Apartments buildings.

2.       The building is not insured against loss due to natural calamities like fire, earthquake, heavy rains, floods and lightening etc.

3.       There is no provision for lightening arrestor for tall buildings.

(b ) Security

1.      No proper security arrangement to check intruders entering into the Apartments building.

2.      Bodily weak, Semi-blind and semi-deaf security guards are posted in building for watch and ward duty.

3.      No visitors' book is maintained at entrance of the building and it is not carefully examined. Sales men have free access to each flat to sell their products.

4.     Two entries and two exits in an apartments building could pose  serious problem from  security point of view.

5.      Lack of compound wall all around and / or barbed wire fencing on top of it could again pose problem from security point of view.

6.      Absence of credential records of regular visitors to the apartment building such as Maid Servants, Dhobi, Newspaper vendors, milkmen etc. could also pose problem from security point of view.

7.     Watch-men are not given list of flat Nos. and their vehicle numbers (cars, scooters, motor bikes etc.). These lists would be  useful to watchmen to keep a watchful  eye on unauthorized vehicle using vehicle parking area.

(c ) Maintenance

1. There is no schedule of regular / periodical inspection of Apartments building to identify prevailing defects and to rectify them in time.

2. Appropriate steps are not taken to solve the insufficient Municipal water supply, defective in the water supply net-work, un-uniformed water supply in different floors of the apartment building and to each flat of the same floor.

3. Cob-webs and wild plants are allowed to grow and spread all over building and damage the building by creating cracks

4. Flower plants are allowed to die due to lack of systematic  watering of  these plants.

5. No plumber and electrician is engaged on yearly basis to attend day to day problems. Where yearly arrangement is made they are not renewed every year.

6. Vehicle parking area is not washed with water for years together.

7. Overhead water tanks and underground sumps are not cleaned periodically. 

8. Open wells are not covered properly and they are not cleaned periodically.

9. No stand-by pumping arrangement are made  for getting continuous water supply.

10. There are no long-term planning for maintenance of building resulting in the leakage in the Cellars during rainy season.

REASONS FOR LAPSES

1.     The Society / Association is not run as an institution. It is run in a very casual and informal way.

2.    Office bearers of the Society / Association normally work without remuneration and thereby they carry an impression that they are doing a favour to the Society / Association  by rendering  their free service and as such they are not answerable or responsible for all their actions in the society's work.

3.  There is no effective  machinery from Government to monitor the performance of these Societies / Associations to make them functional as  responsible institutions.

4.  There are no exhaustive Bye-laws for these societies to be followed by the office bearers of these societies. Therefore the Society / Association runs in an unscientific manner with no answerability for the lapses committed by the office bearers which in turn could harm the Society / Association.

5.    Most of the members of the Society / Association are uncaring and non-vigilant on the lapses committed by the office bearers. These members do not take active part in the functioning of the  Society / Association, but allow to be managed by a handful of persons which in turn would lead to mismanagement of the funds of the. Society, keeping transparency in its functioning at bay.

6.   Ignorance of applicable laws  and their non-application in day to day functioning of the society would bring in inefficiency in the Society / Association.

7. Absence of adequate and clear-cut provision in the Registered Bye-laws of the society would give encouragement for arbitrary unlawful decisions in the Society / Association.

An rticle about " To solve Property related Problems "

To solve Property related Problems

Bangalore city has grown by leaps and bounds in the last two three decades especially after the IT boom of the eighties. The real estate sector has also kept pace with the growth of the cityand the number of properties have also grown in lakhs. The city area has increased to more than 800sq kms from mere 130 sq kms three decades ago. Thus there are nearly 18-19 lakhs properties at present in the city limits, out of which BBMP is getting tax from 15-16lakhs properties. With the rise in property prices many illegal layouts have sprung up and the frauds in the property dealings have also increased. In many cases a single property is sold to many innocent buyers who are knocking at the doors of courts. Similarly, many financial institutions and Banks have been duped by the fraudsters by availing loans from several banks on a single property with forged documents.

To deal with the above problems and to make property transactions transparent the Survey and Settlement and Land records Department of BBMP has launched a novel project, (UPOR) – Urban Property Ownership Project under which the Property Register Cards (PRC) will be issued to the eligible property owners in the Bangalore City. As per Mr.V.Ponnuraj,Commissioner, of the said department, in the First Phase the department will implement this project in 50wards out of the 198wards in the city and all wards will be covered in 2-3 years time.  He also said the project will be implemented through private agencies which will be paid by the department and not through (PPP) private public partnership model. The onetime cost per property card will be around R.300 – 400, which will be collected from the property owners at the time of issue of  PRC’s.

What is Property Record Card?

The department will maintain in one property register all the details of the individual properties in a database of the newly developed software for this purpose. It will contain details of the individual properties such as ownership, any liabilities on the property, survey details on a map such as shape, area, dimensions etc, and also map of the locality. This will be made compulsory for all properties in the city. This will give an identity to the property and can be used in property transactions, for availing bank loans, to pay property taxes etc.   

How Project will be implemented?

Before doing survey every property owner will be issued a notice and afterwards the officials will demarcate the boundaries of the property. The officials will take some photographs of the property and will also collect details of mode of acquisition as to whether ancestral property, allotment by BDA, allotment from housing societies, Tax paid details, liabilities on the property etc., and these details will be stored in the database after cross checking with the records of the relevant government departments.  For this purpose software is created and this will bring down the implementation period to 2-3years from 5 -10 years if done manually.

Every property will have a file containing hard and soft copies of the details. Once the draft PRC is ready the same will be issued to the property owners. The same will also be published in department website, in city survey offices and published in leading Newspapers calling for any objections from general public / property owners within a period of 30days. The officials are vested with quasi judicial powers who will look into the objections  and in case of minor objections the same  will be resolved by them. If there are any major objections, court litigations, the same will be recorded in the property file. After completing these formalities the final PR card will be generated and issued to the property owners. At the time of issue of PR card owners photograph and hand biometrics (all ten fingers) will be taken. The prescribed charges will be collected at the time of issue of final PR cards.

Benefits to the citizens 

The PR card will be the identity of the property.  This can be used by the property owners in all property related transactions, can easily avail bank loans as the burden on the property will be reflected in the card, can use it for paying property tax.  The card will be handy at the time of applying for modifications, building plans approval and other dealings with the Bruhat Bangalore Mahanagara Palike. The khata is only an account with the BBMP for collection of taxes and is not a property title, as everyone believes.  Similarly, the Sale Deed is one of the documents of property which authenticates the Sale Transaction and will not confirm ownership, since the Sub- Registrar’s office will not verify genuineness of the property ownership at the time of registration. Since, the PR card includes all the details of the property such as mode of acquisition, measurements, photos, survey report, locality map, any loans on property, etc., the PR card will confirm the ownership of the property. The sale transactions takes place faster since obtaining legal opinion work will be minimized and frauds will also be avoided. The buyers will also get benefited since PR cards will contain more details of the irregularities in the property such as illegal layouts, encroached properties, litigation properties etc.

Benefits to the civic authorities

The civic authorities will have detailed database of all the properties under its limits and can easily monitor civic and tax collection issues. The illegal layouts, encroached properties, building plan violations etc., can be easily monitored and appropriate actions can be taken against the violators as per law. Once all the properties are added to the database of the software tax evasion can be curbed thereby increasing the revenue of the concerned authorities. The authorities can provide better amenities to the residents and improve infrastructure, with increase in revenue collections.

Conclusion

The aim of the project is quite laudable and very useful if effectively implemented as planned. The authorities must take foolproof measures to plug any loopholes at the time of implementation of the project. Further, the project has to be implemented within the time frame fixed.

Bangalore city has grown by leaps and bounds in the last two three decades especially after the IT boom of the eighties. The real estate sector has also kept pace with the growth of the city and the number of properties have also grown in lakhs. The city area has increased to more than 800sq kms from mere 130 sq kms three decades ago. Thus there are nearly 18-19 lakhs properties at present in the city limits, out of which BBMP is getting tax from 15-16lakhs properties. With the rise in property prices many illegal layouts have sprung up and the frauds in the property dealings have also increased. In many cases a single property is sold to many innocent buyers who are knocking at the doors of courts. Similarly, many financial institutions and Banks have been duped by the fraudsters by availing loans from several banks on a single property with forged documents.

To deal with the above problems and to make property transactions transparent the Survey and Settlement and Land records Department of BBMP has launched a novel project, (UPOR) – Urban Property Ownership Project under which the Property Register Cards (PRC) will be issued to the eligible property owners in the Bangalore City. As per Mr.V.Ponnuraj,Commissioner, of the said department, in the First Phase the department will implement this project in 50wards out  of the 198wards in the city and all wards will be covered in 2-3 years time. He also said the project will be implemented through private agencies which will be paid by the department and not through (PPP) private public partnership model. The onetime cost per property card will be around R.300 – 400, which will be collected from the property owners at the time of issue of  PRC’s.

What is Property Record Card?

The department will maintain in one property register all the details of the individual properties in a database of the newly developed software for this purpose. It will contain details of the individual properties such as ownership, any liabilities on the property, survey details on a map such as shape, area, dimensions etc, and also map of the locality.  This will be made compulsory for all properties in the city. This will give an identity to the property and can be used in property transactions, for availing bank loans, to pay property taxes etc.   

How Project will be implemented?

Before doing survey every property owner will be issued a notice and afterwards the officials will demarcate the boundaries of the property.  The officials will take some photographs of the property and will also collect details of mode of acquisition as to whether ancestral property, allotment by BDA, allotment from housing societies, Tax paid details, liabilities on the property etc., and these details will be stored in the database after cross checking with the records of the relevant government departments.  For this purpose software is created and this will bring down the implementation period to 2-3years from 5 -10 years if done manually.

Every property will have a file containing hard and soft copies of the details. Once the draft PRC is ready the same will be issued to the property owners. The same will also be published in department website, in city survey offices and published in leading Newspapers calling for any objections from general public / property owners within a period of 30days. The officials  are vested with quasi judicial powers who will look into the objections  and in case of minor objections the same  will be resolved by them. If there are any major objections, court litigations, the same will be recorded in the property file. After completing these formalities the final PR card will be generated and issued to the property owners.  At the time of issue of PR card owners photograph and hand biometrics (all ten fingers) will be taken. The prescribed charges will be collected at the time of issue of final PR cards.

Benefits to the citizens 

The PR card will be the identity of the property.  This can be used by the property owners in all property related transactions, can easily avail bank loans as the burden on the property will be reflected in the card, can use it for paying property tax.  The card will be handy at the time of applying for modifications, building plans approval and other dealings with the Bruhat Bangalore Mahanagara Palike. The khata is only an account with the BBMP for collection of taxes and is not a property title, as everyone believes.  Similarly, the Sale Deed is one of the documents of property which authenticates the Sale Transaction and will not confirm ownership, since the Sub- Registrar’s office will not verify genuineness of the property ownership at the time of registration. Since, the PR card includes all the details of the property such as mode of acquisition, measurements, photos, survey report, locality map, any loans on property, etc., the PR card will confirm the ownership of the property. The sale transactions takes place faster since obtaining legal opinion work will be minimized and frauds will also be avoided.  The buyers will also get benefited since PR cards will contain more details of the irregularities in the property such as illegal layouts, encroached properties, litigation properties etc.

Benefits to the civic authorities

The civic authorities will have detailed database of all the properties under its limits and can easily monitor civic and tax collection issues. The illegal layouts, encroached properties, building plan violations etc., can be easily monitored and appropriate actions can be taken against the violators as per law.  Once all the properties are added to the database of the software tax evasion can be curbed thereby increasing the revenue of the concerned authorities. The authorities can provide better amenities to the residents and improve infrastructure, with increase in revenue collections.

Conclusion

The aim of the project is quite laudable and very useful if effectively implemented as planned. The authorities must take foolproof measures to plug any loopholes at the time of implementation of the project. Further, the project has to be implemented within the time frame fixed.

An article about " Factors to be considered while searching for a house "

Factors to be considered while searching for a house

The region or the area you are contemplating for your next house should be considered as to how that environment can affect your real estate purchase. Be conscious of streams or run-offs that could classify the region as a flood plain and note any obvious indications of bug infestation or mold. Pay attention to adjacent transport hubs that could affect noise levels, like airports, ambulance stations or railway stations. Stop by at night to see if the noise level increases and if the streets are well-lit. It all comes down to real estate education with respect to local impacts.

An additional important factor to be considered is as to how easy your community has the access by using different transportation modes. Check for bicycle lanes and pedestrian crosswalks with nice wide sidewalks. Observe how cars navigate through the streets and if there are areas where possible bottlenecks could impede motorists during rush hour. Also find out if the buses or subways that service the community would get you to work and back easily.

Picking up just the right neighbourhood is another important factor in any house purchase, and buyers are showing increased allure in communities that encourage healthy, sustainable lifestyles. Neighborhoods consist of the people who live there, so make certain that you are compatible with the kinds of people currently living in that local. If you are looking for a quiet life, moving onto a street near a college or school may mean more commotion from a younger population. On the other hand, if  you are  interested in having an active home with lots of guests and events, think about a location that attracts individuals who will welcome your energetic attitude. Everyone has different lifestyles that they feel most accustomed to, so take a little time to study the overall flavour of a neighbourhood to determine how well it matches your temperament. Look into the location of security and police stations by contacting any homeowners' associations that have formed in the area. Learn about the regional traditions and how they normally celebrate holidays, seasonal events and various activities that involve the whole neighborhood.

A lot of sustainable neighborhoods are designed to keep expansion at bay by developing green corridors and instituting rules that apply to population density and property size. Review civic developments that can have long term effects on the region, such as new roads, subways, major shopping malls or continuing road improvement plans. Also determine the ability of an area to expand with your needs, and see if the overall community structure will allow you to remain in the same school system if you find that you require a bigger home down the road.

Neighbourhood planning is beginning to display this natural approach by adopting design traits that focus on green spaces, reduced residential traffic and recycling services. Having a good notion of exactly what type of feeling and surroundings you require in a neighbourhood can save you a lot of time in your house hunting journey.