Friday, December 20, 2019

Writing-irreversible reasons with the help of Society by-law


Housing societies need a set of rules and regulations to run large or small.


However, they require bye laws in place to register it. The in-laws are nothing, but the guidelines have to be followed by the members of the society to ensure the proper functioning of the community. In addition, with the help of bye-laws, issues can be addressed in a timely and effective manner.

These are local / private laws and are imposed immediately after the housing complex is registered. These laws are mandatory and extremely useful as the day-to-day functioning of the campus is monitored and the issues are resolved in no time.

The by-laws also cover all monetary transactions conducted and received by the housing committee and require members of the housing committee to show all monetary details during the audit. It is here that it becomes difficult, especially for the Treasurers, to keep a record of irrevocable liabilities. Well-known irrevocable dues include loans and money spent to recover any cause or loss caused by circumstances inevitable by the housing society.

Laws are different for different societies as it also depends on the committee members which laws they want to incorporate for the smooth functioning of their society. However, below are the two main by-laws which we feel should be added to the by-laws of any housing society for the committee so that its irrevocable arrears can be written off smoothly.


Society By-Law No. 148


Under this law, fees charged by society according to irreparable dues can be written off and members are required to pay these expenses. As noted before these irrevocable liabilities, some money for debts or other such accumulated losses may be spent to recover the stuck. However, check whether classified as irrevocable arrears as stated by the statutory auditor appointed under Section 81 of the Act.

Society By-Law No. 149

  •    By-laws can be written only when the general body of the society approves the same.
  •   If the society is indebted to a financial agency, the approval / approval of the agency is very important for such amounts.
  •   The third also requires the approval of the registration authority. However, if the Society is classified as A or B in its final audit, the bank's permission (if it is associated with any) or any such financial agency or registration authority is not required.
  •   By-laws are thus important for every housing society, not only for their proper functioning but also for registration and other legal processes. However, if you want to get an in-depth knowledge about these

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Foreign Exchange Management Act vs. Foreign Exchange Regulation Act or (1999 vs 1973)


Foreign Exchange Regulation Act (FERA), 1973


The Foreign Exchange Regulation Act (FERA) was promulgated in 1973 and came into power on 1 January 1974. Section 29 of this Act related to the services of MNCs in India. According to the section, all non-banking foreign subsidiaries with more than 40 percent foreign equity are required to certify separate functions, to receive allowances in subordinate companies, or to acquire each other company wholly or exclusively.

An amendment to the law governing specific payments, transactions in foreign exchange and contracts, transactions affecting the import and export of foreign currency and foreign currency, maintenance of the country's foreign exchange reserves and its use.

Peculiarities of FERA:

·     It continues for the entirety of India.
·   It applies to all residents outside India and to departments and firms outside India, which are outside organizations or bodies in India or are disclosed or consolidated in India.

It shall come into force on this date by a declaration in the Gazette of the Central Government, the representative in this regard:

It is submitted that different dates can be chosen for different requirements of this Act and any endorsement in any purchase for the initiation of this Act will be interpreted as a sign of developing in the strength of that purchase.

According to these instructions, the initial rule was that all parts and branches of foreign companies operating in India should convert themselves into Indian organizations, including at least 60 percent local equality support. In addition, all foreign subsidiaries must produce foreign equity shares of 40% or less than 40%. The exact effect of the act was completely contradictory to the economic expansion of the country as it obliged the instructions of giant corporate houses to grow their enterprises, hence it was considered by policy makers that the Act should have notable entertainment so that the economic Promotion can be done in the country through industrialization for development.

Foreign Exchange Management Act (FEMA), 1999


The ForeignExchange Management Act (FEMA) was launched in Parliament on 4 August 1998 by the Government of India. The purpose of the Bill is to "strengthen and improve the law that reads foreign exchange with foreign currency to promote and improve external trade and payments." Systematic expansion and protection of the foreign exchange market in India.

Within the many aspirations of the Foreign Exchange Management Act (FEMA), there is a comprehensive one to reform and consolidate all laws associated with foreign exchange. In addition, FEMA aims to improve foreign payments and trade in the country. Various important objectives of the Foreign Exchange Management Act (FEMA) are to encourage the maintenance and improvement of the foreign exchange market in India.

Features of FEMA some of the essential features of the Foreign Exchange Management Act are:


This is consistent with substantial prevailing account convertibility and includes purchases for liberalization of statement account transactions.

It is highly translucent in its use due to deposits under sections claiming special permission of ReserveBank of India / Government of India on recovery of foreign currency.

It listed foreign exchange transactions in two divisions, viz. Capital Account Transactions and Current Account Transactions.

This presents the Reserve Bank with the ability to submit consultations, investments, Types of capital account transactions and transfer limits for all those transactions.

It is the absolute freedom of any foreign resident / person residing in India or the residence of a person living outside India to bear / self transfer and purchase any foreign security / immovable property established outside India.

This action contradicts a civil law and an act that exists only for arrests in exceptional cases.

FEMA: A Major Departure from FERA


As is evident from the name of the Act itself, the importance of explaining FERA is on 'Exchange Management' as under FERA this importance was on Exchange Regulation or exchange fee. Under the FERA, it was necessary to obtain the Reserve Bank's permission, unless specific or common to most regulations. FEMA has initiated about a sea change in the interest and absence of Section 3 which is aided for distribution in foreign exchange etc. There is no other requirement to obtain FEMA designated Reserve Bank permission.


Comparison between FERA and FEMA:
The principal variations among FERA and FEMA:-

                                                                 
The FERA was assembled with 81 different and complex requirements, although FEMA has only 48 simple divisions.

It is prevalent that this account was not settled under FERA, although it was established in FEMA.

Another extended meaning of FEMA is "authorized person" and includes banks.
Adaptability with IT was not traded at all with the support of FERA, yet FEMA has made purchases for IT.

Under, its demolition was an illegal crime that was turned into a civil offense in FEMA.

Under FERA, the application managed to be transferred to the High Court, however, FEMA required a Special Director (Appeals) and a Special Tribunal.

Under FERA, no assistance was given to the accused, although as per section 32 of FEMA, the accused have the right to seek guidance from legal practitioners or lawyers.
FERA was with the major objective of the preservation of foreign exchange, although FEMA was introduced with the major objective of managing foreign exchange.

FERA was formed by assuming that foreign exchange is a scarce resource and therefore should be protected and managed with exceptional care, although FEMA was created with the principle that foreign exchange is an asset and its exact must be management.

Only authorized dealers and money changers under FERA were determined to be authorized individuals, however, even after FEMA, offshore banking units were included in this definition.

FERA is an act prescribed for the payment and monitoring of foreign exchange in India. FEMA inaugurated an act to promote external trade and payments and to encourage the systematic management of the foreign exchange market in the country.

FEMA turned out to be an extension of the more early foreign exchange act FERA.

When the foreign exchange reserve position in the country was not reliable at the time of the establishment of FEMA, FERA came into force, the foreign exchange reserve position was sufficient.

FERA's strategy towards foreign exchange transactions is quite traditional and definitive but in the case of FEMA, the approach is favorable.

FERA depreciation is a non-compound crime at the heart of the law. The FEMA contradiction violation is a complex offense and charges can be dropped.

A person's citizenship is the foundation to search for a person's residential status in FERA, whereas in FEMA the person's domicile in India should not be less than six months.

Controlling the requirement of FERA can lead to imprisonment. Conversely, the penalty for breaking and violating FEMA provisions is a monetary penalty, which can result in imprisonment if the penalty is not paid on time.


Acquisition of property under FERA and FEMA


There is a major difference between FERA and FEMA related to the acquisition of property in India. Following FERA, "citizenship 'was a guideline for acquiring property; under FEMA it is" domicile "which is the criterion. This indicates that, under the FERA provisions, a person who is an Indian citizen owns property in India. Can acquire and a foreign citizen cannot buy property in India (except with permission to NRI).Nevertheless, under FEMA, an Indian resident can acquire property in India which is not allowed to non-residents. In particular, FEMA has evolved as a replacement or enhancement on the former FERA.

Further, as per FERA / FEMA regulations, a foreign company has a branch office or other place of business in India, which can acquire immovable property in India which is incidental or subsidiary to carry out such activity.

Tuesday, December 17, 2019

More than 60% of sub-registrars in Karnataka fail to meet revenue targets


Bengaluru: Out of 240 sub-registrar offices in Karnataka, over 60% have failed to reach the fixed revenue target for the initial seven months of the current financial year, causing a permanent decline in the real estate division in the state.

Reacting to this, the government has written a letter to 146 sub-registrar offices in the last week of November, recording a reduction of 17% for the period between April 1, 2019 and October 31, 2019.

Someshwar Reddy, Quick Past Chairman (Karnataka), Builders Association of India (BAI), said, "A compound of circumstances, tax rates ranging from demonetization to rectification, economic downturn and lack of price rise in the market, everything on sale. There has been impact, which is speculation on registration in the state. "

Out of 146 offices, 33 are in Bengaluru urban district, four in Bengaluru rural and 13 in Mysuru. And, in these offices which do not meet the 100% revenue target, some like Shiva ji nagar have less than 1%, while others like Doddaballapur have a deficit of 35%.

Nevertheless, in its letter to the sub-registrars, the Stamps and Registration Department has advanced requests about the valuation of the property. "It has been directed that sub-registrars, as in practice, assure that they accumulate funds, because they have been incurred due to valuation and due to incorrect order of documents."

Demonstrating how the wrong ordering of documents could harm the government treasury, an official said, "For example, if the document of commercial property is classified as residential, the change in services paid Will happen."

Both Realtors and officials acknowledged that the real estate regulatory authority could have an impact. He said, "Now, before construction starts, they panic to enroll a property for sale when construction is nearing completion,” one of them replied.

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Boost Ballabhgarh's real estate market by Violet Line of Delhi Metro


Violet line metro of Delhi has been established for the development of Ballabgarh's growing industrial center in Faridabad. The 3.2 km elevated corridor will have two stations and is expected to meet the extended deadline by June 2018. Earlier the launch was planned in December 2017.


The corridor will extend from the 13.8 km Badarpur-Escorts Mujesar section which was opened to the public in September 2015. The other end of the line extends to the ITO in Delhi and there are plans to connect it to the Kashmiri Gate on the Red Line.

Travelers heading to Ballabhgarh will benefit greatly from the development as the destination is a noticeable business center with many educational institutions and industries. This will also increase employment opportunities.

Recently Ballabgarh was renamed as Balramgarh. Chief Minister of Haryana, Manohar Lal Khattar had publicized several developmental projects to declare the area as a development area.

The cost of the metro project from YMCA Chowk to Ballabhgarh is Rs 580 crore, with around Rs 95 crore provided by the central government.

The YMCA Chowk-Ballabhgarh metro project is one of the Rs 1,090 crore two-line expansion projects approved by the Public Investment Board (PIB) of the Ministry of Finance. The second is an underground corridor from Najafgarh to Dhansa border. The metro train at Badarpur-Faridabad is powered by solar energy which is a major feature of the project.

The project began in 2015, but was delayed due to the construction of columns for the crossover track near the main Ballabhgarh station, as well as a legal dispute over the land required to remove or move water and sewer pipelines.

Infrastructure connectivity in Ballabhgarh:-


Ballabgarh is connected to the emerging NCR hub of Sohna near Gurgaon via the 35-km-long Ballabgarh-Sohna (BS) road. The nearest railway stations are Ballabgarh railway station and Faridabad NW TN railway station.

There are extensive rural healthcare projects in the area (rural area practice area of ​​AIIMS) or reputed educational institutes like Civil Hospital and Cement Research Institute of India. In addition, the YMCA University of Science and Technology is less than five kilometers from the locality. Reputed companies like IBM and Cognizant also have their offices.

Healthcare centers, elementary schools, and retail shops are available in the surrounding areas. The government had announced Rs 10crore for the reconstruction of the dilapidated bypass of Faridabad and restoration of tubewells in the area.

Ballabhgarh  Real Estate status:-


Ballabhgarh, located on National Highway-2, about 30 km from Delhi, is a commercial hub and residential development is not as noticeable in the neighboring areas of Sector 56, Sector 76 to Sector 88 in Faridabad.

These neighborhoods are active residential colonies with abundant availability of affordable homes. There are many such upcoming residential properties in the surrounding area started by local developers. The average capital value of residential properties in Ballabgarh is Rs 2,800 per sq ft. The price of a 2BHK apartment is less than Rs 20 lakh for an average size of 850 sqft.


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Monday, December 16, 2019

Why are 2 BHK apartments ideal for investment? 2 BHK - Best Real Estate Investment


The Indian residential real estate market has grown at a rapid pace over the past few years. With revised government policies, today every person can afford a household expenditure whether it is single or family. However, when it comes to acquiring a property, most buyers get confused about whether to invest in a 1 BHK apartment or a 2 BHK.


A 1 BHK is priced significantly higher than a 2 BHK, but if we evaluate market trends and other factors, a 2 BHK is more pocket-friendly and cost-effective. So, have a look at some of the benefits that a home buyer can enjoy while buying or investing in a 2 BHK flat:

Cost-effectiveness: If you go by market value, a 1 BHK apartment costs a lot less, but doing a little bit of market research will help you understand that buying a 2 BHK flat will be more cost effective than a 1 BHK.

For example, an A1 BHK apartment in Noida Expressway is somewhere between Rs 22 to 25 lakhs, while a 2 BHK cost starts at Rs 30 lakhs. So, just by applying some money, you can get more space, room space and a better unit for your family. The price chart is similar in cities like Hyderabad, Bangalore and Chennai.

However, if you take a little more out of your pocket and move to other cities like Gurgaon or Mumbai, you can get a luxury 2 BHK unit with unique features. Because of this, many potential property buyers wait and save enough money to save their money.

Market Availability: With the implementation of new policies such as affordable housing in the real estate market, a mid-segment working professional can think of buying a 2 BHK apartment at an affordable price. Apart from this, developers are also launching 2 BHK units as the demand is more than 1 BHK in the market

Spacious: A 2 BHK is roomier than a single BHK apartment. You have larger rooms and more outdoor space. Many times, many developers combine a child's room or a study room to give the 2 BHK unit a big boost. It becomes easy for you to adjust the furniture and plan the home decoration items accordingly.

Future plans: Most individuals want to buy a home when they settle down with their family or plan to have one. At this time, buying 2 BHK is always measured as a decent alternative as it is in the future. As your family grows, you need a bigger place to live. A solo BHK is good for a single person who has just started his professional career.

Returns and Profit: 2 BHK apartments are ideal investment options considered by medium-sized families or nuclear families. Philosophically, for a long-term objective, investing in a 2 BHK property is definitely the best thing you can do to get a better return on investment (ROI)



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Chennai: Can residential projects sold through lease deed come under the Real Estate Act?


The Tamil Nadu Real EstateRegulatory Authority (TNRERA) has entertained an application on a leased property, ordering the developer to pay back the homebuyer as the project reminds of a non-starter.

                           
The case concerns a project called 'UTSAV' contracted by New Chennai Township Private Limited at Vellore in Cheyyur Taluk of Kanchipuram district. In a recent order, G Saravanan, an assistant officer of TNRERA said, R Thenmozhi and S Sriram booked a flat and paid it in advance in February 2011. The developer had created a lease deed in support of the complainants to grant the lease for the flat. A period of 99 years which was to be made by the former.

While the total lease fee was Rs 16.69 lakh, the home buyers paid Rs 12.82 lakh. The possession of the flat was determined within 3 months from the date of receipt of the entire lease amount, as per the deed recorded in 2012 after one year. Although the flat's lease value was 80% of the total fee paid, the order stated that the developer neither started construction nor handed over possession of the apartment so far.

The complainants issued a notice for cancellation of the lease deed in 2016 and asked for refund of the entire amount including interest. However, the developer failed to repay the amount. The complainants have taken bank loans to make their payments, which have been allowed to provide relief.

As per the order, the complainants are entitled to refund Rs 12.82 lakh with interest at the rate of 10.15% for the amount paid by the developer from the date of payment till repayment. Rs. 1 lakh has been fixed as compensation for the mental anguish and inconvenience caused to the complainants by the developer". For registration and litigation expenses, Rs 16,790 and Rs 20,000 have been given respectively.

TNRERA ordered the developer to refund the amount, interest, compensation and costs within 60 days.

Friday, December 13, 2019

Southern states have seen a huge decline in revenue through tickets and registrations


HYDERABAD: The economic downturn has generated revenue within stamps and registrations in southern states including Telangana and Andhra Pradesh this year. By October this year, Varna, when sent for a comparable session last year, saw a decline of at least 5% in revenue in some of these states.

The report given by the states to the Comptroller and Auditor General of Andhra Pradesh present in India is the lowest hit among all states with a loss of 18% taxation associated with the previous year. As of October this year, AP distributed 48% of the budget estimates from stamps and registration revenue, while it received 58.17% of the full budget estimate last year.

The state of Telangana is more reliable than its neighbor, but despite Hyderabad's stagnant real estate sector, the state saw a 6% drop in revenue when it belonged to October last year. The state approved 60% of the budget estimates for tickets and registration revenue, as of October last year, the state projected 66% of the budget estimates.

With an 8% revenue deficit related to the previous year, Kerala has got a great deal. While this figure was 45% this year, it was 53% last year.

Tamil Nadu managed more profitably than Andhra Pradesh and Kerala, with a decrease of 11% this year as opposed to the previous year. Tamil Nadu reported 58% of income in the current year, which came down to 47% by October this year.

Karnataka was the smallest success among the five southern states with a decrease of only 5%. As of October last year, it recorded 57% of the total budget estimate, which was reduced to 53% for the same period this year.

Banking and Financial Specialist. Narasimha Murthy said that focusing on more reliable results, Hyderabad is essential for Telangana as investors in the city are often interested.