Friday, May 10, 2013

SG RTI of hsg. co-opps - contd.

Update:
SG

Local Body Tax (LBT) – All about coffins & coffers

ATM

Maharashtra won’t legalize the unauthorized buildings


To transfer property succession certificate required


LBT applicable to Builders and Developers

< previous

http://taxguru.in/corporate-law/applicability-rti-act-cooperative-societies.html

To add (but with a different stoke) :

For Nani's well-meaning, -sounding view points,-

Worthwhile TO Read the widely acknowledged great thinker, humanitarian of our times - more so, a legal luminary and a globally renowned Expert on the Constitutional Law (for sagely but worldly practical clues/guidance)>

13 CONSTITUTIONAL CHANGES AND THE PRESIDENTIAL SYSTEM

14 CENTRE-STATE RELATIONS

(Union Government , not Central Government)

States are not vassals of the Union

(Book- Nani A Palkhivala >WE, THE PEOPLE)

Memorable, resounding advice such as, -
"..............

In such a situation it is not only natural but inevitable that differences and disaputes should arise between the Centre and the ..States that constitute the Union, and even between the States inter se. The problem must be resolved in a spirit of goodwill and with far-sighted vision." (page 248)

"We do need a strong Union. But a strong Union is in no way inconsistent with strong States. on the contrary, by definifion, a strong Union can only be a union of strong States.

Where a paramount national interest dictates a line of action, the narrower viewpoint of a State or the parochial attitude of ...must not stand in the way. (page 249)

No need to add: Choice is, - to imbibe and follow; or else, continue to live a sinful life, in a society / humanity even othertwise brimming with miseries- most of which being self-made / created, mainly driven by 'egoistic outlook' or ideosyncrasy or such natural ilk of we the mortals ; the worst, recklessness, - only to eventually sink and perish, or fall like a pack of cards.

IMP: Cross-refer >  http://praja.in/en/blog/m...
for a host of related posts ...

<> Why compliance with the law on 'as is where is basis'

<><> Empanelment of Auditor for Audit of C...

<><><> Laest Post @ Lci  (sub. : Legal formation of committee )

Q
It is widely known, though rather lately realised, by one and all,-directly concerned or aggrieved, or otherwise,- including the government of most of the States so also of the Union,- that without forming and having a 'co-operative society' of the flat owners, following the procedure mandated by the applicable special enactment (wherever there is one in force , as in Maharashtra), final conveyance of the property (land and buildings ) to the co-owners (purchasers) can never materialise; to be precise, is bound to prove a non-starter. That seems to explain the unavoidable step taken by the Union government to , as a last but welcome resort, to make the referred right to form a society a “fundamental l right”, by amending the very basic charter . This aspect, including certain later developments have come to be dealt with in detail in the articles (or comments thereon) posted in websites (e.g. Taxguru). For instance, refer, the latest one @ http://taxguru.in/corporate-law/applicability-rti-act-cooperative-societies.html.

As rightly said herein above by an expert, the legal obligation / exclusive responsibility is that of the promoter/seller of flats. Nonetheless, many of the builders are known to have not discharged that obligation/duty, out of sheer ignorance, more often than not a feigned ignorance. The grievances aired and given publicity by the affected people over a period of years in recent times have invariably failed to provoke, much less motivate or galvanise the men in power at the State level into action, through remedial steps to improve upon the situation. The public opinion on this worrisome subject, however, has not been adequately thrust upon them so as to speed up the active steps required of the empowered authorities.

There is material available in plenty in public domain (i.e. at the websites), highlighting the efforts being tirelessly put in by the inspired activists, in the larger interests of the impaired lot -but with no known significant outcome thus far. One of them has particular reference to and in the context of a similar plight of the apartment purchasers, in Karnataka. For a useful insight, recommend the articles and posts on the connected topic of the law on apartments- idling on the statute book- @ http://praja.in/en/blog/m...

UQ




No comments:

Post a Comment