Saturday, 31 May 2014


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Karnataka registration rules 1965 has formulated procedure for attendance of the registering officer at private residence.The relevant rules are detailed in chapter 10 and under rule nos. 56 to 32.Any application for attendance at private residence shall be in writing and have to be signed by the person who requests the attendance at his residence shall be in writing and has to be signed by the person who requests the attendance at his residence.

Such letter may be presented by any person to the registering officer. The request has to be complied with as early as possible.If such attendance at private residence disturbs the regular routine of the office or requires closure of office and if the case does not fall under section31 of the Indian Registration Act, a commission may be issued, which means another person other than the registering officer may be requested to attend the private residence and complete the registration formalities.

The attendance of sub-registrar at private residence or issuing commission has to be reported to the registrar within 24 hours. The Sub-registrar shall not proceed out of his sub district for this purpose, but registrar may attend the private residence situated in his district though it may not be situated within the sub district under his immediate charge.

The commissioner appointed to attend the private residence will give evidence and the registering officer will examine the commissioner personally in his office connected with discharge of his commission and voluntary nature of admission of execution.

During the course of attendance if the registering authority has to record the admission or execution of persons not exempted from personal appearance in respect of the same document executed by a person exempted from personal appearance, the registering authority may comply with the request provided attendance fee is levied.

Section88 of the Act refers to documents, which are executed by Government officers or certain public functionaries who are exempted from personal appearance. Any officer of the government, any administrator general, official trustee or official assignee, the sheriff,receiver or registrar of High Court, any holder of such other Court, any holder of such other public office as is notified in the official Gazette of the State government are exempt from personal appearance or through their agents in connection with registration of any instrument executed by them or any document executed in their favor in their official capacity. They are also exempted from signing the document for admitting the execution as required under section58 of the Act.

When documents are forwarded by government officer with a covering letter stating that documents executed by him be registered, the covering letter will be sufficient to satisfy the genuineness of the signature of the executants.If such document is presented by a private party, who is also a party to the document, the registering authority will satisfy as to the genuineness of the signature by a brief enquiry. The fact of exemption from personal appearance and presentation of the document by covering letter will be endorsed.

Certain category of documents like copies or orders, certificates and instruments need not be presented for registration but may be sent to the registering office for filing as per section89 of the Act. In the following cases, copies have to be forwarded to the Jurisdictional registering officer under whose jurisdiction the immovable property in question is situated:

a)Every officer granting a loan under Land Improvement Loans Act 1883. Every court granting a certificate of sale of immovable property under Civil Procedure Code, 1908.

b) In case of loans under Land Improvement Loans Act 1883, details of the land to be granted as collateral security.

c) Every officer granting loan under Agriculturists Loan Act 1884 has to forward, a copy of the document whereby the immovable property is mortgaged to secure repayment of the loan and a copy of such order.

d) Every Revenue officer, who grants a certificate of sale to the purchase of immovable property sold in public auction.

The registering officer will file the copies of such orders, certificates, and instruments in book No.1. The concerned officers need not appear in person at registration office.State Government has made rules as to the mode of making copies and manner of filing copies.


Friday, 30 May 2014


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The residential sector has the largest share in the real estate market in India with approximately 75% to 80% of the total development.Favorable demographics, high disposable income, availability of housing finance and rising urban population are the key drivers of housing demand in the country.Residential developers are now adopting a very systematic approach towards project development. There exists keenness among developers to understand the end user preference for space, amenity and quality of residential development.

This is a very significant step towards bringing about professionalism in the Indian real estate sector. Availability of a relatively wider product range and the greater demand from the middle class purchasers has further contributed to the growth of residential real estate. However, due to global recession, the investment by the speculative buyers has come to a halt.

The increase in the demand for residential segment has attracted major national and international players. Venture Capital Funds like Citigroup, Morgan Stanley, ICICI Capital, Trinity Capital etc., have deployed funds to develop major residential projects in Indian cities. The two main public sector players in housing finance in India are the Housing and Urban Development Corporation (HUDCO) and the National Housing Board (NHB). 

HUDCO was created with the goal of servicing low and middle-income households by financing infrastructure development and increasing credit options. HUDCO also provides loans to housing finance institutions which are lent to low-income house-holds also.Making Housing Affordable There is an enormous unmet demand for low- income as well as mid-income housing in the country. As per planning commission estimates over 90% of the total unmet housing shortage is in the economically weaker sections / LIG segments. Some of the major causes of this are:

The lack of flexible housing finance options for low-income housing rising costs of conventional building materials Inability of the banks to accurately assess credit risk associated with low income borrowers Lower profit margins and uncertainty of repossession. Though mass-housing projects have lower margins, developers are focusing on cheaper options by choosing locations on the outskirts of cities while doing away with frills such as swimming pools, jogging tracks, etc. Developers like DLF have planned mid-income housing projects in Chennai, Bangalore, Kochi and Indore which are expected to get fully developed in the next 7-8 years.

While there is a significant demand for affordable housing, there is also a huge market for high end projects. There has been a substantial shift in the housing preferences of high income individuals especially in urban areas. The move is towards independent villas and bungalows from the traditional regular apartment culture. Luxury and high rise apartments are the most sought after properties in cities like Bangalore, Hyderabad and Chennai in south. Even the developers are inclined towards such developments owing to the immense potential and demand. Owing to the rapid growth, features which once were perceived to be unique and innovative like provision of round the clock security, club houses, play ground, 100% power back up, etc. have become more of mandatory in nature and are of prime importance in short listing of projects by the potential buyers. Developers now need to throw- in numerous frills to attract customers including landscaped gardens, golf-courses, sports facilities including swimming- pools, gyms, squash / tennis courts, ample parking, entertainment halls, play-parks, etc. Projects range from providing high quality interiors to offering bare-shell options accommodating the need of high-end buyers for personalized interiors.

Developers like Prestige, Sobha, Emaar-MGF, DLF, Unitech, Aliens Group, Lanco Group, etc., are going an extra mile by involving global professionals from internationally reputed firms for architectural and landscaping services as well as to conceptualize the projects and "package" the product.

With this new trend of developing premium projects, there is greater market pressure on the developers to differentiate themselves from each other. Quality in construction and delivery, provision of luxury class amenities, mix of product configurations (2, 3, 4 BHK apartments, Villas, duplex houses etc.) in a single project have become vital factors for generating demand and attracting end users. 

Even the price variation in the units belonging to different developers is dependent on these factors. Apart from this, marketability of the projects is also dependant on the pricing strategies and payment schemes. Project innovation is vital for marketability of a residential project and success of the same. Sales of residential projects though depend primarily on pricing and location aspects other factors such as customization, incorporating new designs and styles, intelligent spatial organization etc., can enhance its sale ability and offer uniqueness.

Traditionally, all cities have had high-end residential localities that have been regarded as preferred destinations. In the current scenario, land is not easily available in these localities for redevelopment; and if it is, it comes at ... a premium, thus ensuring that the new apartment or home constructed here will be offered at a high value, which again restricts sale to the high- end market. Typically, the more economical housing has been in the suburban or peripheral locations.

While Tier 2 / 3 cities still offer good investment options owing to their growth potential, the Tier I cities are not likely to witness very drastic price escalations: If one were to assess growth indicators, performance and projections reflected by various industries, one sees stronger growth plans, rising employment opportunities and affordability as well as a continuous widening of the demand pool in the country. The residential segment could witness only minor correction in prices or slow down in appreciation rates due to factors such as increase in home loan rates, simultaneous launch of several projects. However, the long term prospects for the housing sector look promising.


Thursday, 29 May 2014


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Space-starved city residents have ingeniously planned every aspect of health living and gardening has been one of them, for lush greenery all around gives a soothing feeling. With the increasing number of town house, smaller terrace homes and people moving into apartments, the planning of courtyard gardens has become a major interest among gardeners.

The focus of terrace gardens can be changed by utilizing pots so that plants can be moved around to create varying vistas depending on their growing seasons and colors.

Make a layout of the garden that you want to make. A good garden should have a proper balance of lawn, shrubs, ground, covers and small trees.Though not a necessity, other features like, a water body, rock garden, gazebo and some artifacts too can be incorporated into the garden.

The selection of plants should be such that they do not have a tap root system. The plants should have a fibrous root system. A plant with a tap root system has the potential of growing through the terrace and endangering the life of the building.The growing medium should be such that it does not add undue weight to the building.Soil rite or peat moss is a very light and excellent growing medium for terrace garden. However because of its cost it is best to prepare a growing medium with a mixture of garden earth, manure and soil rite or peat moss.

After having taken care of the above factors, you are now ready to make a terrace garden on your own.First, spread a layer of brickbats (totally burnt bricks) of approx. 2"- 4" evenly on the terrace.The brickbats are used to facilitate the drainage of water. Only the totally burnt bricks have to be used.  This is because the pieces of normal bricks get reduced to mud after some years and defy the very purpose of facilitating drainage.Corrugated sheets too can be used simultaneously to facilitate better drainage.The corrugated sheets should be placed at 3’ distance and should be placed in such a way so as to lead the water to the drainage holes. 

Spread net lawn (wire mesh) over the bricks. This will prevent the garden earth and manure from getting into the gaps in between the brick bats.If the terrace is quite big (more than 500 sq ft) then construct drainage chambers at various places on the terrace with pipes leading to the main drainage holes. This is done to prevent water from stagnating on the surface of the garden in case of heavy rain. The drainage chambers should be constructed in such a manner that when the final garden is done it will get covered by the lawn which is not noticeable by everyone.

Spread a mixture of earth, manure and soil rite or peat moss to the desired level. Carry out the planting as per your layout. Plants that can be adapted to a wide range of light and moisture conditions that require little care, but provide soil erosion protection include juniper, Pachysandra, Periwinkle, Cotoneaster, Potentilla and Partridge berry.


Tuesday, 27 May 2014


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Typically the decor of a house is characterized by the soft furnishing used. It is the soft furnishings that lends the color and cheer, underscores the richness of the display. Even the most mediocre of furniture can come alive when accentuated by a lively and rich fabric.

The array of soft furnishings available is mind boggling, with multiple hues, rich fabric and fabulous designs marking their varieties.The kind of soft furnishing to be use depends on the nature of the furniture on display, its colors and how expensive it is.Soft furnishing encompasses the fabric used for the seating arrangement. The cushions thrown on them, rugs and curtains on display.

Budget  Constraint
If  the interiors are done up on a budget constraint, an intelligent choice of furniture would be cane. The cane furniture has however, both high end as well as low end varieties.The Indian cane is the cheapest and will suit a very tight budget. To camouflage the cheapness of the furniture, cushions in striking colours like shocking pink can be used.

Says Interior Designer  Aarti Sud, “Even the cheapest of furniture can be made to look fabulous by using gorgeous upholstery and striking colors. An ethnic painting with a good quality frame would accentuate this effect further.”

Instead of woolen carpets, durries can be used, as they are cheaper and also easy to maintain. Jute blinds can be used for curtains as they “complement the cane and add to the ethnic look.The trick is to use deep colours for cheap furniture, says Aarti Sud, “Contrasting cushions  such as in pink, gold, blue and contrasting durries in three to four shades against a white or cream coloured wall would give a rich look to the setting. Here, the entire picture is set by the soft furnishing used rather than the furniture.”

The magic of   wood
Wood suits a mid-sized budget very well. With complementing wooden accessories, the setting is best accentuated when colours like gold, maroon, navy blue and rust are used for the fabric. Paintings too look better against this background when covered with gold frames.Woollen  carpets are ideal for this setting. “Durries will be out of place here as the wood has a rich look and needs a rug that complements it”, says Sud.

Instead of silk for curtains, poly silk can be used as they fall well. “Silk is expensive and would blend well with a high-end decor that includes a leather and antique setting,” she says. She suggests combining this with sheers to enhance the setting. “Sheers come in machine embroidery too and they add to the richness.”If floral printed sheers are to be used, she advocates restricting to sheers alone. “This gives a floral look besides saving on the curtains.”
Leather and antique furniture forms the top-end segment, with leather on most occasions being of the imported variety. The soft furnishing used here is certainly of the high-end collection with mostly silk marking the fabric.“The leather sofas mostly opted for in a living room is of the cream. White or green range and this is heightened by using an assortment of silk cushions, complemented by silk rugs.Occasionally a silk throw in attractive colours further enhances this rich look,” says Sud.

When there are two or more seating arrangements that need to be segregated, they can be done so by using a silk screen instead of wood. “This adds colour to the section.” She says.Says Interior Designer Ranjit Naik, “whatever be the choice, it is important to blend the colours and fabric well. The decor has to blend with the scheme of things, ensuring aesthetics as well as functionality.”

According to him, currently, there are plenty of fabrics that look and feel like the real thing, but is imitation and suits a tight budget.  Thus, if you aspire to have leather seating, but cannot afford one, “you could go for imitation leather or use poly fabrics that look like silk.”To cater to the budget constraint, he also advocates the use of local products such as jute, Khadhi “which are cheaper but lend a very ethnic look.

If these are used appropriately, in a concept, the effect can be stunning. And their prices are extremely reasonable.” He points to the banana fibres and hyacinth used in chattais to reiterate his point.“If the material is used effectively, even the cheapest can be made to look classy,” he says.When it comes to bedrooms, care should be taken to match the colours used for the bedspreads with the curtains, cushions and upholstery for the sofas in the lounge area. “If the colours are not used well, it can be jarring to the eye,” says Sud.

If the wood used for the bed is dark, it is better to use light shades for the soft furnishing. Alternatively, light colour wood like pine would look good against bold colours. Even the mirror frames, dressers, entertainment unit should be in harmony with these colours. It is best to use neutral shades for the bedside lamps.

The choice of rugs would depend on the kind of bed used. An expensive four poster bed would necessarily require a silk rug while a metal bed would fuse very well with durries.Whatever be the choice, the colours once again should match the bedding and rest of the room.If the bedroom is small in size, it would be ideal to use lighter colours, as it would make the room look bigger and brighter. A larger room would fit well with dark colours, lending a cosy look to it.

It is best to avoid silk in a bedroom, as the fabric should be easy to maintain. “The wash and wear variety is more practical here, especially form the hygiene point of view,” says Aarti. She advocates cotton as the best fabric as “synthetic too can cause allergy for some.”

Wall to wall carpeting in a bedroom is strictly not to be done as “it collects dust, can cause allergy and is not hygienic.” It is best to use small rugs beside the bed, in the entertainment unit and where ever necessary. When it comes to children's bedroom, “cottons in floral and check design are ideal,” she says. Durries are most practical as they can be “washed frequently”.


Monday, 26 May 2014


In a Democratic Country, welfare of the poor, depressed, have-nots is one of the concerns of the Government. To mitigate the suffering of such people government often grants land so that they cultivate the land and earn their livelihood. It imposes restrictions on transfer of such granted land for certain period to ensure that the desired welfare objectives are not defeated.  Members of Schedule Castes and Schedule Tribes are the most exploited.
As discussed many times, the sale and purchase of agricultural land in Karnataka has various restrictions. Government of Karnataka has put more severe restrictions on transfer of lands granted to Schedule Casts and Schedule Tribes.The relevant legislation is “the Karnataka Schedule Castes and Scheduled Tribes (prohibition of transfer of certain lands) Act 1978 and Rules 1979.
This is a social agrarian legislation to empower the downtrodden and also to prevent their exploitation.This Act has overriding effect and takes control of all granted lands, irrespective of law under which they were granted by it under Karnataka Land Reforms Act, Karnataka Land Revenue Act, Mysore Land Revenue Code or those of erstwhile provinces like Bombay, Coorg, Hyderabad, Madras and prohibits transfer of such lands without the permission of the Government. This Act has come into force from 01.07.1979.However; the Act covers lands granted even before the commencement of the Act.
Granted land, is any land granted by the Government of Karnataka to the person belonging to any of the Schedule Caste or Schedule Tribes. It also includes lands granted to such persons under any relevant law in force for the time being pertaining to agrarian reforms, land ceiling abolition of Inams except those relating to hereditary offices or rights, that is the lands granted under hereditary offices like thoti, Neeruganti etc. which are not covered under this Act.
The Presidential orders 1950, under articles 341 and 342 of the Constitution of India have proclaimed the state-wise list of Schedule Castes and Schedule Tribes.The list has relevance to the State in which the members of the community reside. A caste categorized as Schedule Caste in one state may not be so in another state.  Persons who do not follow religion of Hinduism, Sikhism and Buddhism are not deemed as members of Scheduled Castes.
The Act prohibits not only sale but also any type of transfer of land without prior permission of the government.The word transfer as used in this Act encompasses sale, gift,exchange, mortgage, lease or any other similar transaction.  It prohibits the mortgage whether with or without possession.  It includes creation of charge, or an agreement to sell, exchange, mortgage etc.But partition among family members and disposition by Will are not covered. Transfer of granted land to another member of Schedule caste or tribe is a violation of this Act.
Section 4 of this Act is more crucial and important.It spells out that transfer of any land granted before commencement of this Act or after, in contravention of terms of Grant, is null and void which means such transfer is inoperative.  The transferee will not get legally valid title or interest or right to such property.
Further, it clearly mandates that any transfer of granted land needs prior permission of Government.Permission of the Government is also necessary for sale of the land in execution of any decree or order of a civil court or any authority.This makes it very clear that any transfer of granted land even after complying with terms of grant, needs the prior permission of Government.  Even entering into agreement to sell needs prior permission of the Government.
The land might have been granted free of cost, or at reduced price (upset price).  Reduced price means the price based on land revenue and not market price.  In many cases, the grantee, that is the person to whom the land was granted, will be asked to pay price equal to land revenue of some years.It has been held in one case that prohibition of non-transfer of land can be imposed only in case of lands granted free of cost or reduced (upset) price.  Land granted on receipt of market price is sale and not grant.  But it is advisable to obtain permission from the Government for purchase of any type of grant land from members of Schedule Castes and Schedule Tribes.
The land is granted to the members of Schedule Castes and Tribes with certain conditions like:
1.The grantee shall not transfer the land for a period of 15 years from the date of taking possession.
2.The land should be brought under cultivation within three years from taking possession.
3.The grantee shall cultivate the land personally
4.The land shall be used for the purposes for which it was granted and any change of use requires prior permission of the Government.
5.The grantee shall plant within a period of one year one tree for every ten guntas or 10 trees for one hectare.
6.The land may be granted not only for agricultural purpose but also for constructing residential accommodation with restrictions on transfer.Though the restriction on transfer of the granted land is 15 years, the government may permit the transfer after a lapse of five years depending upon the circumstances and the needs of the grantee. The procedure for grant of lands is governed by Karnataka Land Grant Rules 1969. Transfer of any type of lands granted to the members of Scheduled Caste/Tribe requires prior permission of the government.
Now we shall discuss the transfer of land granted to the members of Schedule Castes and tribes within the period of restriction on transfer or without the prior permission of the Government.As stated earlier the transferee will not get any legally valid tile, interest, right in such property.  Further the Government, represented by the Assistant Commissioner, after an enquiry may take possession of such land by evicting the persons who are in possession of land.  However, sufficient opportunity will be provided to the transferor to present his version of the case.
After taking the possession of such transferred granted land the Government restores the land to the original grantee or his legal heirs.If it is practically not possible to restore such land to the grantee or legal heirs, the land will vest with government, free of all encumbrances.The Government may grant such land to any other member of Schedule Cast or Schedule Tribe eligible for grant.If the enquiring authority finds that the transfer of land has not violated any provisions of the Karnataka Schedule Caste and Schedule Tribes Act 1978, orders will be passed accordingly.
The Government has got powers to initiate action by the mere fact that the granted land is in the possession of a person other than original grantee or his legal heirs.  It is not necessary that the original grantee or his legal heirs to lodge the complaint.  Any interested person or on information provided by any person or the government on its own may initiate action. The Act also provides for appeal by the aggrieved persons who has lost possession of the land purchased.  He may appeal to the Deputy Commissioner having jurisdiction within three months from the date on which order of Assistant Commissioner was communicated to him.

Deputy Commissioner has also got powers to condone the delay in preferring appeal, if satisfied with the cause for delay. Deputy Commissioner will dispose the case based on merits. The Act prohibits the registration of any documents of transfer of such granted land without compliance of the provision of this Act that is without prior permission of the government.
Every registering office will be provided with a list of granted lands falling in its jurisdiction.  However, this prohibition will not apply to transfer of granted land in favor of State Government,Central Government, Local Authority or Bank. What is more serious is the punishment prescribed for acquiring the land granted to the Schedule Casts and Schedule Tribes in violation of the provisions of this Act that is without prior permission of the Government and in contravention of terms of grant.  Such transferee on conviction may be punished with imprisonment upto six months or fine up to Rupees Two Thousand or both.
Following are some of the important verdicts pertaining to the Act.
1.Unless proved otherwise, if a person other than grantee is in possession of the granted land, it has to be presumed that the land is transferred and it is null an void [ILR 1997 (1) KLR 474]
2.Possession by a trespasser will not amount to transfer under the Act [ILR 2002 (2) KAR2431]
3.Alienation to bank is not prohibited [ILR2002 (3) KAR 3780]
4.Alienation of granted land in the form of mortgage without prior permission of the Government is void [2000(2)KLR SN21]
5.When authority granting land has not imposed the condition of alienation, the authority issuing Saguvali Chit cannot impose such condition [ILR 1999 (1) KAR 261]
6.To avail the advantage of adverse possession, such possession should be for thirty years prior to the Act coming into force (1995 (5) KLJ732).
7.Whether the grant is for upset price or otherwise the prohibition is applicable [1991 (1) KLR 373].
8.Only when land was granted free or at reduced price, the only non-alienation condition can be imposed [1996 (3) KLJ 34 DB]
9.If the transferee has made some improvements he cannot claim compensation on eviction [1992 (4) KLJ1].
10.Even bits of land granted for house sites are covered by the Act [ILR 2001 (3) KAR 3753.:2001 (4) KCCR SN 320-DB].
11.Though the act is socio-agrarian legislation in its action aimed at improving the social and economic status of the members of Schedule Castes and Schedule Tribes, the chance of its misuse is not rare.  Many grantees, legal heirs sell the granted lands to innocent people who are unaware of the provisions of this Act and later on claim that such transfer as null and void.  Though ignorance of law is no excuse, the government should also educate the public and land records like RTC, RRPR etc should clearly indicate the nature of the land and restrictions on its transfer.
But the RTC or RRPR never discloses this prohibition.Though there is prohibition on registration of such land in the Act, there is no punitive provision for violation by sub-registrars. Many registering officers register the transfer of such granted land many times in connivance with the seller.
The ultimate victim will be the innocent purchaser who loses the property and money and is also at risk of facing imprisonment and fine.  Any social legislation should ensure that equity and justice is meted out to all and a fine balance is struck.