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Showing posts from January, 2019

How to get license for Women Hostel in Chennai

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It is mandatory to obtain license to run a women hostel in Chennai. The Government provide law to obtain license for establishing a women’s hostel. A Application should be given to the District collector along with a fees of Rs.3,000/- After receiving the application the collector will make an enquiry about the hostel premises. The Enquiry team consists (1) District Social Welfare Officer, (2) District Child Protection Officer, (3) Project Officer ICDSS, (4) Differently Disabled Welfare Officer, (5) Representative from Health Department, (6) Personal Assistant (Account) to Collector, and (7) Thasildhar or Deputy Thasildhar of respective Jurisdiction. The above team should give a inspection report to the Collector within 20 days. And on the basis of the inspection report the collector may or may not grant the license to run a women’s hostel. When a license is refused the aggrieved party may approach the government within 15 days. Article by Advocate K.P.Satish Kumar M.L. Advocate, ...

Can a Economic offender can escape by surrendering the Indian Citizenship

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Fugitive diamond trader Mehul Choksi has surrendered his Indian passport and renounces his Indian Citizenship by mere surrendering his Indian passport in Indian embassy at Antigua by merely paying Rs.13,500/- as renunciation charges. Antiqua provides citizenship for US$1,00,000/- which is very cheap for economic offenders. Mehul Choksi is the proclaimed offender by the Indian court for the multimillion croe scam in Punjab National Bank (PNB). Antigua leads a new way for the scientific asylum to many economic offenders for the entire world. Antigua and Barbuda has a newly launched citizenship by investment program for investors who can directly acquire citizenship and passport by donation to a charity for a sum of US $ 1,00,000 or through purchase of real estate for US$ 4,00,000. The country joins St.Kitts and Nevis and Dominica where the citizenship program is already up and running. Choksi who obtained citizenship of Antigua by investor scheme has returned the Indian Passport. The ...

RERA impose heavy fine for false advertisement by the Builder

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Every buyer has the right to get a detailed prospectus or brochure for their purchase of the flat or house in the Real Estate project. The builder cannot contravene the prospectus with the details he has given before the RERA authorities. Before RERA many promoters has cheated the buyers by false digital pictures and advertised in a fancy manner to attract the buyers. The buyers are trapped by the false advertisement. When the buyer took the possession they see the clear violation of the project. After RERA such kind of unfair business is put to an end. No builder can advertise against the details they provided and registered in the RERA authority. The details of the project are uploaded in the RERA website. If any buyer finds the detail which was advertised against the details they provided in the RERA website, then they can file a complaint against the builder. If the RERA authority finds the advertisement given by the promoter or the brochure bears the false information, then it im...

Consent of the buyer is necessary for split the ongoing project - Promoter cannot change the project without the consent of the Buyer

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In the ‘Serene Kshetra Project case the Chairman of RERA decided against the Adinath Srinivasa Foundations who promoted the above project was condemned by the authority that ongoing project cannot be split without the consent of the buyers. Adinath Srinivasa Foundations which without the consultation and the consent of the buyers which is mandatory according to the RERA Act, has unilaterally has modified the project. Eleven of the buyers who opposed the unilateral modification of the promoter and seeks the benefits of the RERA Act which comes in effect from June 2017. The authority has also asked the promoter to register the project within two weeks and compelled to follow the RERA Act strictly. Now the consumerism in the real estate field was protected by the RERA Act and once again make consumer as the king. The developer has interpreted splitting the project into phases as per his convenience as a statutory right, the order said, there does not appear any statutory right and aut...

Three Years Punishment for Non Registration of Project under RERA Act

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It is obligation under the RERA Act, it is obligatory for the promoter to register a project with the Authority, and the promoter fails to do the same, he shall be liable to a penalty upto 10% of the estimated cost of the real estate project. However, in case the promoter consistently defaults or does not comply with the directions / orders of the Authority as regards registration of the project with the Authority, he shall be liable to additional fine of 10% of the estimated cost of the real estate project or imprisonment upto 3 years or both. Buyers can the on going project or the approved project in the RERA website and purchase the building after confirming it. If the Builder dosen't registered under the RERA act, then on the basis of the complaint given by the agriveed party, the promoter can be penalised in terms of fine and can get punishment up to for a period of three years. Article by Advocate K.P.Satish Kumar M.L. Leading Property Lawyer By Team Daniel & Daniel J...

Can the promoter modify the sanctioned plans or project specifications without disclosing to the allottees?

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The RERA Act provides a the promoter to modify or amend the sanctioned plans or project specifications, after the approval of the competent authority and its disclosure to the allottees, in case of minor additions or alterations. However, in case of major modification or alteration, the promoter can modify the sanctioned plans or project specification only after having taken approval from two-third of the allottees. In addition, for arriving at the number of two-third allottees, the number of apartments held by the promoter will be excluded. Also, irrespective of the number of apartments held by an allottee, shall only be entitled to one vote. Without getting proper approval from the competent authority no promoter can alter the sanctioned plan. Article by Advocate Bobby Portia Alex Join our whattsapp group @ 9884336772.

How to file a case under RERA

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Section 31 of RERA, 2016 states that any aggrieved person may file an application directly with the Regulatory Authority or Adjudicating Officer for the violation or contravention of the provisions of the Act or any rules and regulations formulated under this Act against a promoter, allottee or real estate agent. Any person who has invested in a real estate project or has some legal interest in it can file a complaint in RERA. The RERA complaint procedure India includes the following steps: 1. The first step is to find RERA lawyers and file a RERA complaint with the appropriate authority under whose jurisdiction the property is situated. 2. The complaint under RERA is filed in the format prescribed under applicable State Rules. 3. A RERA complaint includes the following details: The name, address and other details of the buyer. Address of the project. Registration number of the property. The facts and statements relating to the delay in property. The response of project developer....