THE 2023 LANDMARK JUDGMENTS REGARDING REAL ESTATE

  1. Supreme Court Gives Clarification on Transfer of Actional Claims

In October 2023, the Supreme Court (SC) in Infrastructure Leasing and Financial Services Ltd. v. HDFC Bank Ltd. & Anr.[1] clarified on the legal stance pertaining to transfer of actionable claims. This ruling emerged from a dispute between Infrastructure Leasing and Financial Services Ltd. (IL&FS) and HDFC Bank Ltd. (Bank), on the point of the documents executed by IL&FS by which rents were made over to the bank constituted an assignment and thus fell outside the scope of an asset and security freeze order made by the NCLAT.

Facts of the case

The HDFC bank (respondent) gave Rs. 400 crore credit facility to IL&FS (appellant), governed by “Master Facility Agreement” (MFA) that intended the opening of an escrow account with Housing Development Finance Corporation Bank Ltd.

Simultaneously, an “Assignment Agreement” (AA) was also executed between the parties, assigning the authorized indebtedness to the respondent from the gross income derived from the Business Centre Services/Lease/Leave and License Agreements (various agreements). A dispute between the parties occurred that led to the initiation of legal proceedings.

The National Company Law Appellate Tribunal (NCLAT) issued an asset freeze order against the appellant’s assets and securities. Being aggrieved by the order of the NCLAT an appeal was filed before the SC.

The issue before the SC was whether the rents payable by the appellants would be considered as an assignment.

Decision of the SC

On an analysis of the agreements entered between the parties, the SC concluded that the documents executed by the appellant was an assignment. It added that as per the MFA the rents receivable by the appellant were the security for advance extended to the respondent. That the AA specifically mentioned that the rents receivable by the appellant would be assigned to the respondent. The use of terms ‘security’ and ‘pledge’ in the agreement clearly established that there was an assignment.

The SC further examined the legal nature of Lease Rental Discounting (LRD). It observed that although the agreements were not termed “LRD”, the parties intended to assign the debt, including the rent payable.

The SC placed reliance on Section 3 of the Transfer of Property Act, 1882, (TPA) that defines the term ‘actionable claims’ as claims related to unsecured debts and beneficial interest in movable property and both are enforceable. Further, it stressed that Section 130 of the TPA provides the way actionable claims can be transferred.

  1. Supreme Court Clarified No Compound Interest Be Awarded Casually As Compensation by Consumer Forums in Real Estate Disputes

In April 2023, the Supreme Court (SC) in M/s Suneja Towers Private Limited & Anr. v. Anita Merchant[2] clarified that “For an award of compound interest, relevant factors shall have to be taken into account which would include uncertainties of the market and several other imponderables.” The Court highlighted that as per the proviso to Section 14(1)(d) of the Consumer Protection Act of 1986, (Act) the Forum is empowered to grant punitive damages if it deems fit.

Facts in brief

In the instant case, Anita Merchant (respondent) filed three complaints before the Consumer Disputes Redressal Forum (District Forum) alleging deficiency in service by M/s Suneja Towers Pvt. Ltd. (appellants). It was contended that the appellants had failed to deliver the possession of three flats booked by the respondent even after the expiry of the agreed period. The respondent had already paid 60% of the total sale consideration. The District Forum dismissed the complaints on the grounds that the complainant did not fall within the category of “consumer”, as defined under Section 2(d) of the Act.

An appeal was filed before the State Commission by placing reliance on Manjeet Kaur Monga v. K.L. Suneja[3] (‘Monga’s Case’), it granted relief to the respondent by directing the appellants to refund the deposit along with ‘compound interest at the rate of 14% from the date of deposit’. On appeal, the National Commission upheld the decision of the State Commission based on Monga’s Case decision.  This led the appellants to approach the SC.

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Decision of the SC

The SC set aside the order passed by the State and National Commission. It added that in Monga’s Case compensation was sought under the Monopolies and Restrictive Trade Practices Act (MRTP Act), whereas in the instant case it was sought under the Consumer Protection Act, 1986. The Court directed the respondent to retain Rs. 2,48,52,000 along with the accrued interest already paid by the appellants. However, it added that no further payment be made to the respondent by the appellants in lieu of refund, compensation or interest.

Conclusion

The SC highlighted that a compound interest cannot be awarded without considering material factors, in-depth analysis of all facts, uncertainties of market, etc. in real estate disputes. In this case, the Court specifically stated that granting compound interest to the respondent would cause unjust enrichment, that the Consumer Forum has sufficient powers under the Act to grant punitive damages.

  • CIVIL APPEAL NO(S). 4708 OF 2022.
  • (2023) SCC OnLine SC 443.
  • (2018) 14 SCC 679.

An Essential Guide to The Societies Registration Act, 1860: Understanding Its Purpose and Impact

INTRODUCTION

As the nation develops and grows each day, equal importance should be given to all regions in all genres. The best approach to the advancement and recognition of any field is to create groups and societies that understands the skills and talents of individuals to help them grow bigger, better and appreciated, and to do things beyond the standards and definitions of those around them.

In India, Registration of Society works on the doctrine of management and regulation of registration and other such aspects related to societies. Society registration is being done for various purposes including the promotion of development of science, art, and charity in some way.

WHAT IS A SOCIETY?

To begin with, let us understand what is a society. According to The Societies Registration Act, 1860, registered a “society” which has been accepted by various state governments with or without further amendment. Furthermore, the Act defines it as “an association of persons united by mutual consent to deliberate, determine and act jointly for some common purpose. Societies are usually formed for the promotion of charitable activities like education, religion, art and culture, music, and sports activities etc.”

WHY TO REGISTER A SOCIETY?

There are various benefits as to registration of a society like-

  • Helps to attain legal status after being registered.
  • Gets certified statutory status which further helps in legal implication of society’s wealth.
  • The said registered society can open its current account by own name.
  • A registered society can obtain registration and approval under the Income Tax Act.
  • Entitles to income tax exemption under the Income Tax Act.
  • Gives a separate legal entity after registration.
  • Gets various legal rights like the Right to lease, rent, buy or sell property or borrow money and even to enter into legal contracts in it’s own name.
  • A registered society can sue or be sued.
  • A registered society is legally recognized in the eyes of all forums and government officials.
  • The members of the society are not personally liable for any debts or obligations only unless a loan is obtained for activities undertaken to make a profit or certain activities which are illegal in nature.

WHAT IS THE OBJECTIVE OF REGISTRATION OF SOCIETY?

According to Section 20[1], the main purposes of the Registration of Society are as follows:-

  • Charitable Societies for various vulnerable sections of society like National Socity for equal opportunities for the Handicapped, Nirmal Jyoti Educational and Charitable Society.
  • Origin of Military Orphan Funds
  • Establishment of societies at the several presidencies of India
  • The promotion of science, literature or the Performing Fine Arts- NCERT (National Council of Educational Research and Training), Kala Kendras etc.
  • Promotion of Diffusion and Instruction of useful knowledge
  • The Political Education Diffusion
  • The maintenance or foundation of reading rooms or libraries for open to the public or general use among the members
  • Maintenance and collection of Natural History
  • Knowledge
  • Grants for charitable aid
  • For any other reason approved by the government.

 

WHAT ARE THE DOCUMENTS REQUIRED TO REGISTER A SOCIETY IN INDIA?

  • PAN card- All of the proposed society member have to submit PAN CARD along with the application.
  • Residence Proof- For the valid Residence Proofs, all the society member have to submit-
  • Aadhar Card
  • Bank Statement
  • Utility Bill
  • Passport
  • Driving License
  • Memorandum of Association (MOA)- It should contain objective and function of the society for which it is being established, details information of the members constituting the society and it must contain the address of the registered office of the society.
  • Society Rules and Regulations
  • Covering Letter
  • Address Proof- A copy of the address proof where the registered office of the society will be located from the landlord with a Non Objection Certificate (NOC), if any, is to be attached.
  • List of the entire members
  • Declaration – The President is willing and able to hold the said post of the proposed society if to be declared.

[1] Indian Societies Registration Act,1860.

Revolutionizing Property Deals: The Faceless Land Registration System Explained

Imagine buying or selling property without endless paperwork, long queues, or unnecessary delays. Welcome to the Faceless Land Registration System, India’s groundbreaking initiative to simplify property transactions!

What is Faceless Land Registration?

This innovative system allows property buyers and sellers to register their land electronically, eliminating physical interactions with registration authorities.

Benefits of Faceless Land Registration

  1. Convenience: Register from anywhere, anytime.
  2. Transparency: Track application status online.
  3. Efficiency: Reduced processing time (typically 15-30 days).
  4. Security: Tamper-proof digital records.
  5. Cost-Effective: Reduced paperwork, travel, and miscellaneous costs.

Key Features

  1. Digital Submission: Upload documents online.
  2. Aadhaar-Based Verification: Instant identity verification.
  3. Electronic Payment: Secure payment gateway.
  4. Auto-Assignment: System assigns registration slot.
  5. Real-Time Updates: Track application progress.

How Does it Work?

  1. Create Account: Register on the portal.
  2. Fill Application: Submit required details.
  3. Upload Documents: Digitally submit papers.
  4. Pay Fees: Electronic payment.
  5. Verification: Automated checks.
  6. Registration: Instant digital registration.

Documents Required

  1. Sale Deed
  2. Identity Proofs (Aadhaar, PAN)
  3. Address Proofs (utility bills)
  4. Property Documents (title deed)

States Adopting Faceless Registration

Currently implemented in:

  1. Maharashtra
  2. Karnataka
  3. Andhra Pradesh
  4. Telangana
  5. Uttar Pradesh

Challenges and Future Scope

While the faceless system streamlines registration, challenges remain:

  1. Digital Literacy
  2. Infrastructure
  3. Cybersecurity

As technology advances, we can expect:

  1. Increased Efficiency
  2. Nationwide Implementation
  3. Integration with Other Services

The Faceless Land Registration System heralds a new era in property transactions – efficient, secure, and convenient.

Embracing digital innovation, India is simplifying land registration, benefiting citizens and boosting economic growth.

Additional Resources

For state-specific guidance:

  • Visit your state’s registration department website.
  • Consult local experts.

Experience the future of property registration today!

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Register Anywhere, Anytime: Delhi’s Game-Changing Property Registration Policy

Buying or selling property in Delhi just got a whole lot easier! The Delhi government’s ‘Anywhere Registration’ policy revolutionizes the property registration process, offering unparalleled convenience and flexibility.

What is Anywhere Registration?

This innovative policy allows property buyers and sellers to register their properties from anywhere in Delhi, eliminating geographical restrictions.

Benefits of Anywhere Registration

  1. Convenience: Register from any sub-registrar office.
  2. Time-Saving: No need to visit specific offices.
  3. Increased Efficiency: Reduced workload, faster processing.
  4. Transparency: Online tracking and updates.

How Does it Work?

  1. Single-Window System: Submit documents at any sub-registrar office.
  2. Digital Processing: Automated workflow.
  3. Centralized Database: Secure, tamper-proof records.

Eligibility and Requirements

  1. Property Location: Within Delhi’s jurisdiction.
  2. Valid Documents: Sale deed, identity proofs, address proofs.
  3. Online Appointment: Book slot on Delhi government’s portal.

Key Features

  1. No Geographic Restrictions: Register from any sub-registrar office.
  2. 24×7 Online Services: Track application status.
  3. SMS Updates: Real-time notifications.

Impact on Property Market

  1. Increased Transparency: Reduced disputes.
  2. Boost to Economy: Simplified registration attracts investors.
  3. Citizen-Centric: Focus on user experience.

Challenges and Future Scope

While Anywhere Registration streamlines the process:

  1. Digital Literacy: Awareness and education needed.
  2. Infrastructure: Continuous upgrades required.

Expect:

  1. Nationwide Implementation: Inspiration for other states.
  2. Integration with Other Services: Seamless governance.

Conclusion

Delhi’s Anywhere Registration policy sets a new standard for property registration – convenient, efficient, and transparent.

Embracing innovation, Delhi is making property transactions hassle-free, benefiting citizens and propelling economic growth.

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Additional Resources

For more information:

  • Visit Delhi government’s revenue department website.
  • Consult local experts.

Experience the future of property registration in Delhi today!

Pinning Your Property: Understanding Geotagging and Its Mandate

Imagine a world where property disputes disappear, and ownership is crystal clear. Welcome to the era of geotagging!

What is Geotagging?

Geotagging, or Geographic Information System (GIS) mapping, uses satellite imagery to pinpoint your property’s exact location. This technology creates a digital fingerprint, linking your property to its geographical coordinates.

Mandate and Benefits

Geotagging is now mandatory for various government schemes and property-related transactions:

  • PM UDAY Yojana: Colonies that are illegal are being regularized.
  • Property Registration: Ensures authenticity and transparency.
  • Smart City Initiatives: Streamlines urban planning.

Benefits:

  • Dispute Resolution: Eliminates boundary disputes.
  • Ownership Clarity: Secure, tamper-proof records.
  • Efficient Governance: Data-driven decision-making.

How Geotagging Works

  1. Satellite Imagery: High-resolution images capture property details.
  2. GIS Mapping: Software creates digital maps.
  3. Coordinate Capture: Property coordinates are recorded.

Applications and Integration

Geotagging extends beyond property registration:

  • Urban Planning: Optimizes infrastructure development.
  • Taxation: Accurate property tax assessment.
  • Disaster Management: Quick damage assessment.

Challenges and Future Scope

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While geotagging revolutionizes property management:

  • Data Accuracy: Dependence on satellite imagery.
  • Infrastructure: Continuous updates required.

Expect:

  • Nationwide Implementation: Standardization across India.
  • Integration with Emerging Tech: AI, drones, and IoT.

Geotagging is transforming the way we manage properties. By embracing this technology, we can ensure transparency, security, and efficiency.

Additional Resources

For more information:

  • Go to the website of the Ministry of Housing and Urban Affairs.
  • Consult local authorities.

Pin your property with confidence!

India Property Registration: A to Z Guide for Homebuyers

Congratulations on finding your dream home! The time has come for you to officially own it. Property registration is a crucial step in transferring ownership, ensuring your security and legal rights. In this blog, we’ll break down the details, documents, process, and charges involved in property registration in India.

Why Register Your Property?

Registration:

  • Establishes ownership and transfer of title
  • Provides legal proof of ownership
  • Ensures transparency and authenticity
  • Protects against disputes and fraud
  • Facilitates smooth resale or inheritance

Documents Required

Gather these essential documents:

  1. Sale Deed: Document transferring ownership from seller to buyer.
  2. No-Objection Certificate (NOC): From relevant authorities (e.g., housing society).
  3. Property Card: Details property location, size, and boundaries.
  4. ID and Address Proofs: PAN card, Aadhaar card, passport, utility bills.
  5. Passport-Sized Photographs: Of buyer and seller.
  6. Payment Receipts: Proof of payment for stamp duty and registration fees.

Property Registration Process

Follow these steps:

  1. Prepare Documents: Make sure all documents are in order.
  2. Calculate Stamp Duty and Fees: Determine charges based on property value.
  3. Visit Sub-Registrar Office: Submit documents and application.
  4. Verification: Officer verifies documents and property details.
  5. Registration: Sign documents, and receive registered deed.

Charges and Fees

Understand the costs involved:

  1. Stamp Duty: 5-10% of property value (varies by state).
  2. Registration Fees: 1-2% of property value.
  3. Miscellaneous Charges: Document scanning, affidavit, etc.

Timeline and Validity

  • Registration typically takes 15-30 days.
  • Registered deed is valid indefinitely.

Tips and Reminders

  • Consult experts (lawyers, real estate agents).
  • Verify documents carefully.
  • Ensure timely payment of charges.
  • Keep registered documents safe.

Property registration in India may seem complex, but understanding the process and requirements makes it manageable. Secure your dream home by following these steps and ensuring a smooth transfer of ownership.

By registering your property, you’re not only fulfilling legal requirements but also safeguarding your investment and peace of mind.

Additional Resources

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For state-specific guidance:

  • Visit your state’s registration department website.
  • Consult local real estate experts.

Stay informed, stay secure!

Gifting Love, Not Liability: Understanding Stamp Duty on Gift Deeds to Blood Relatives

When gifting property to loved ones, we want to share love, not financial burdens. However, stamp duty on gift deeds can add unexpected costs. In this blog, we’ll explore stamp duty implications on gift deeds to blood relatives, helping you make informed decisions.

What is Stamp Duty?

Stamp duty is a tax levied by state governments on property transactions, including gift deeds. It validates the document, ensuring authenticity.

Gift Deed to Blood Relatives: Exemptions and Concessions

Fortunately, many states offer exemptions or concessions on stamp duty for gift deeds to blood relatives:

  • Parents to Children: Fully exempt in most states.
  • Spouses to Each Other: Exempt or concessional rates apply.
  • Siblings: Some states offer reduced rates.
  • Grandparents to Grandchildren: Exempt or concessional rates in select states.

Stamp Duty Rates for Gift Deeds

Rates vary across states:

  • Range: 2-8% of property value.
  • Average: 4-5%.

Some states impose fixed rates:

  • Delhi: 8%

Documents Required

For gift deed registration:

  1. Gift Deed Document
  2. Identity Proofs (PAN, Aadhaar, passport)
  3. Address Proofs (utility bills, bank statements)
  4. Property Documents (title deed, property card)
  5. Relationship Proof (birth certificate, marriage certificate)

Process and Timeline

  1. Prepare Gift Deed: Consult a lawyer.
  2. Pay Stamp Duty: Online or offline payment.
  3. Register Gift Deed: Sub-Registrar office.
  4. Timeline: Typically 15-30 days.

Tips and Reminders

  • Consult experts (lawyers, financial advisors).
  • Verify state-specific exemptions.
  • Ensure timely payment.
  • Keep documents safe.

It can be thoughtful to give property as a gift to loved ones. Understanding stamp duty implications helps you plan better.

By leveraging exemptions and concessions, you can minimize costs and maximize love.

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Additional Resources

For state-specific guidance:

  • Visit your state’s revenue department website.
  • Consult local experts.

Gift wisely, and spread love!

Empowering Delhi’s Unauthorized Colonies: The PM UDAY Yojana Revolution

Are you a resident of Delhi living in an unauthorized colony? Do you struggle with the uncertainty of ownership and lack of basic amenities? The Pradhan Mantri Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM UDAY) is here to change that!

What is PM UDAY?

Launched in 2019, PM UDAY aims to regularize over 1,700 unauthorized colonies in Delhi, benefiting approximately 50 lakh residents ¹. This initiative provides a legitimate ownership pathway, addressing long-standing issues faced by residents.

Key Benefits

  • Ownership Rights: Secure your property with legitimate ownership documents.
  • Improved Infrastructure: Access to basic amenities like water, electricity, and sanitation.
  • Enhanced Livelihood: Boost to local economy and job opportunities.

Eligibility and Registration

To apply, follow these simple steps:

  1. Online Registration: Visit the PM UDAY portal and register with required documents ¹.
  2. GIS Mapping: Get your property geo-tagged by authorized agencies.
  3. Document Submission: Upload necessary documents, including possession and payment proofs.

Fees and Charges

  • Nominal Fees: Calculated based on property size and type ¹.
  • Concessions: Available for economically weaker sections.

Progress and Impact

As of March 2024, over 4.75 lakh applications have been received, with efforts to increase participation ¹. The scheme has already granted ownership rights to over 7,300 families, transforming lives and communities.

Additional Initiatives

The government has also launched complementary schemes:

  • ‘Jahan Jhuggi Wahin Makaan’: Affordable housing for slum dwellers.
  • DDA Land Pooling Policy: Development of unauthorized colonies.

PM UDAY Yojana is a game-changer for Delhi’s unauthorized colonies. With its focus on ownership rights, infrastructure development, and economic growth, this initiative empowers residents and transforms communities. Take advantage of this opportunity to secure your future and improve your quality of life.

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Missing in Action: A Guide to Registering Your House in the Absence of the Buyer at the Registrar’s Office

Are you facing difficulties registering your house due to the buyer’s absence? Don’t worry, you’re not alone! In today’s fast-paced world, it’s common for buyers to be unavailable due to various reasons. As a seller, it’s essential to know the process to complete the registration smoothly. In this blog, we’ll walk you through the steps and documents required to register your house in the absence of the buyer at the Registrar’s Office.

Understanding the Challenge

The registration process requires the presence of both parties – the buyer and seller. However, circumstances may arise where the buyer cannot be present. This could be due to:

  • Health issues
  • Travel or relocation
  • Busy schedules
  • Other personal reasons

Alternative Solutions

Don’t worry; there are alternative solutions to overcome this hurdle:

Power of Attorney (PoA)

  • The buyer can grant a PoA to a trusted representative, authorizing them to register the property on their behalf.
  • The PoA holder can sign documents and complete the registration process.

Registered Power of Attorney Holder

  • If the buyer has already granted a registered PoA, the holder can complete the registration.

Special Power of Attorney

  • The buyer can grant a special PoA specifically for property registration.

Documents Required

To register your house in the absence of the buyer, ensure you have:

  • Sale deed
  • PoA document (if applicable)
  • Identity proof (PAN card, Aadhaar card, passport)
  • Address proof (utility bills, bank statements)
  • Passport-sized photographs
  • Registration application form

Step-by-Step Process

  1. Prepare Documents: Gather all necessary documents and ensure they’re in order.
  2. Verify PoA: Confirm the PoA holder’s authority to register the property.
  3. Fill Registration Form: Complete the registration application form.
  4. Visit Registrar’s Office: Submit documents and application form.
  5. Pay Registration Fees: Pay required fees and stamp duty.
  6. Complete Registration: Receive the registered deed.

Registering your house in the absence of the buyer may seem daunting, but with the right documents and alternative solutions, it can be a smooth process. Ensure you follow the steps and consult experts if needed. Don’t let the buyer’s absence hold up the registration – take charge and complete the process efficiently.

By following this guide, you’ll be able to navigate the registration process with ease, even in the absence of the buyer. Happy registering!

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Resolving Joint Property Ownership Conflicts: Legal Options Explained

Owning property with someone else can be tricky. Whether it’s a house you bought with your ex, a vacation home shared with siblings, or a business property co-owned with a partner, disagreements can pop up. If they do, you should be aware of your options.Let’s break down some ways to handle joint property conflicts without losing your mind (or all your money).

Talk it out first Before jumping into legal battles, try having an honest chat. Sit down together and air out your concerns. Maybe you can find common ground or work out a compromise. In comparison to going to court, it’s cheaper and less stressful.

Get a mediator involved If talking one-on-one isn’t working, consider hiring a mediator. This neutral person can help guide your discussions and find solutions you might not see on your own. They’re trained to keep things calm and moving forward.

Buy out the other owner One simple fix is for one person to buy out the other’s share. This works well if one owner wants to keep the property and has the cash to do so. You’ll need to agree on a fair price, which might mean getting the place appraised.

Sell and split the proceeds Can’t agree on who should keep the property? Selling it and dividing the money might be your best bet. This gives everyone a clean break and their fair share of the value.

Partition lawsuit If all else fails, you can go to court and ask for a partition. This means asking a judge to either:

  1. Physically divide the property (if possible)
  2. Force a sale of the property and split the money

Keep in mind that lawsuits are expensive and can damage relationships even further.

Refinance in one person’s name For jointly owned homes with a mortgage, one option is to refinance the loan in just one person’s name. This person becomes the sole owner and takes on all the debt. The other person gets paid their share of the equity.

Create a property use agreement If you want to keep joint ownership but clarify everyone’s rights, draft a property use agreement. This document spells out who can use the property when, who pays for what, and how decisions get made.

Seek legal advice Property laws can be complex and vary by location. It’s smart to talk to a lawyer who specializes in real estate before making any big moves. They can explain your rights and help you choose the best path forward.

Remember, resolving property conflicts takes time and patience. Try to stay calm and focus on finding a fair solution for everyone involved. With clear communication and a willingness to compromise, you can often avoid costly legal battles and preserve relationships.

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