Joint Liabilities

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

What are joint liabilities?

When two or more persons promise jointly to perform to do something for consideration it is liability of all such persons who promised to perform or to do something. Such contractual obligations of the promises are joint liabilities, which are governed by Indian Contract Act 1872. We come across many such contracts in purchase, sale of the immovable properties and construction sector and also administration of partnership assets. The person who makes promise is promisor and to whom the promise made is promisee.

How joint liabilities devolve on the death of any one of the joint promisor?

Section 42 of the Indian Contract Act deals with the situation. It does not makes any distinction between joint promises and several promises. According to the said section in the absence of any contrary in the contract.

1. All the persons who made promise during their joint lives are to fulfill the promise ;

2. After the death of any of the promisor, legal heirs representative of deceased promisor along with surviving promisors are to fulfil the promise; and

3. After the death of the last surviving promisor, the legal heirs, representatives of all the promisors are bound to fulfil the promise.

But if the contract provides for any contrary intention the liability devolves according to the contract.

Can a promisee enforce the contract on any one of the promisor?

The promisee may enforce the contract against any of promisor in case of joint promise made by two or more persons, if the terms of contract does not provide any contrary intention.

However, each of the joint promisors have a right against other promisors. They may compel the other promisors to contribute equally or as provided in the contract for performance of contract.

In case of any of the joint promisors defaults in contributing towards performance the remaining joint promisors must bear the loss arising from such default in equal shares.

The section 43 of Indian Contract Act makes it very clear that in case the surety makes an payment on behalf of the principal, the surety is entitled to recover the same from the principal.

The provisions of section 43 applies where two or more persons have made a joint promise. But it does not apply in case where two or more persons have become jointly interested by inheritance in a contract made by a single person. When a mortgage was executed by a single mortgagor the mortgagee suing four out of five heirs is entitled to recover only four-fifth of the mortgaged amount from them. But if the mortgage is executed by several mortgagors then the mortgagee can enforce the entire liability against a part of mortgaged property. In case of joint family debts contracted by the managing member, are the debts due for all the members of joint family and all other joint family members are bound to repay the same but their liability is not personal but only to the extent of joint family assets.

What is situation in case the promisee releases one of the joint promisor?

In case of a joint promise made by two or more persons, the promisee may release any of joint promisors from performing the contract. But such release does release the other promisors from performing the contract and does nor discharge the released promisor of his liability, responsibility to other joint promisors.

How joint rights devolve?

This is quite a different situation from what we discussedearlier. Here a single persons makes a promise to two or more persons jointly. The promisor is single person and promisee are more than one. All the joint promisees during their lifetime, on death of any of them, the legal heirs / representative of the deceased promisee with other surviving promisees and on death of the last surviving promisee the representatives of all promisees jointly acquire rights to enforce the contract.

A COMPARATIVE LOOK AT NRIs, OCIs AND PIOs

A COMPARATIVE LOOK AT NRIs,OCIs AND PIOs

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

Indian citizenship and citizenship of a Foreign nation can't be held in the meantime as it is not permitted by the Constitution of India. Another class of Citizenship i.e., Overseas Citizen of India (OCI) was in this manner made by altering the Constitution to trade off with double citizenship.

Double Citizenship and holding of two nationalities in the meantime of two distinct nations is completely denied by both Article 9 of the Constitution of India and Section 9 of the Indian Citizenship Act, 1955. OCI are particularly disallowed political rights and different rights by Section 7B of the Citizenship Act and they have just various passage deep rooted visa office to visit India at whatever time for any reason.

Under the Ministry of Home Affairs Scheme of August 19, 2002, the enrollment of Person of Indian Origin ( PIO ) Card holders was begun and from December 2, 2005 the OCI plan got to be operational. We have to know the distinction between a NRI, a PIO and an OCI.

For this reason, the accompanying depiction is given:

Non-ResidentialIndians ( NRIs ):

A man inhabitant in India and a man occupant outside India are characterized in Section 2 of the Foreign Exchange Management Act, 1999 ( FEMA ). In any case, this part does not characterize the term NRI. As indicated by a notice, NRI implies a man occupant outside India who is either a Citizen of India or is a man of Indian Origin.

A man who dwells in India for over 182 days in the former monetary year and who comes or stays in India for any object is a man "inhabitant" in India as indicated by FEMA. A man who is not an inhabitant in India is characterized as a 'Non Resident'. A NRI, consequently, is an Indian Citizen who commonly inhabitants outside India and holds Indian visa.

Persons of IndianOrigin (PIO):

A remote subject who held an Indian Passport whenever; or he/she or both of his/her guardians, grandparents or awesome grandparents was conceived in and was a lasting occupant in India; or he/she is a life partner of a native of India or of a man of Indian Origin is what is implied by a Person of Indian Origin.

PIO card holders are allowed to visit India without visa for a long time and need to enroll with Foreigners Registration Officer ( FRO ) in India if the stay is over 180 days constantly. PIOs have equity with NRIs where certain offices are concerned however don't have any political rights and may apply for Indian Citizenship subsequent to dwelling in India for at least seven years.

Abroad Citizen ofIndia ( OCI ):

An outside national is qualified for enlistment as OCI on the off chance that he was qualified to wind up a Citizen of India on January 26, 1950, or was a resident of India on or whenever after the said date or had a place with a region that turned out to be a piece of India after August 15, 1947 and his/her youngsters and excellent kids are additionally qualified for enrollment as OCIs. They will appreciate a different passage, multi reason deep rooted visa to visit India, don't need to enlist with Foreigners Registration Officer (FRO)/Police powers however long they may stay in India and have the privilege to advantages informed under Section 7B of the Indian Citizenship Act, 1955. On the off chance that an OCI is enrolled for a long time and dwells in India for one year he can be allowed Indian Citizenship yet will have no political rights.

Ledgers in India can be opened out of assets dispatched from abroad, remote trade acquired from abroad or out of assets honestly because of them in India by NRIs/PIOs. They can open these records with Banks that are approved by the Reserve Bank of India.

Settling AS TO STAMPS

Settling AS TO STAMPS

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

The procurements of The Karnataka Stamp Act, 1957 seeing Adjudication as to stamps are as underneath;

Settling as to appropriate stamps

Segment 31(1) When any instrument, whether executed or not and whether already stamped or not is conveyed to the Deputy Commissioner, and the individual bringing it applies to have the feeling of that officer as to the obligation (if any) with which it is chargeable, and pays an expense of (one hundred rupees) the Deputy chief should decide the obligation (if any) with which, in his judgment, the instrument is chargeable.

(2) For this reason the Deputy magistrate may require to be outfitted with a conceptual of the instrument, furthermore with such sworn statement or other confirmation as he may esteem important to demonstrate that every one of the truths and circumstances influencing the chargeability of the instrument with obligation or the measure of the obligation with which it is chargeable are completely and genuinely put forward in that, and may decline to continue upon any such application, until such unique and proof have been outfitted as needs be:

Given that –

a)No confirmation outfitted in compatibility of this segment might be utilized against any individual as a part of any polite continuing aside from in any enquiry as to the obligation with which the instrument to which it relates is chargeable; and

b)Every individual by whom any such proof is outfitted, might on installment of the full obligation with which the instrument to which it relates which he may have brought about under this Act by reason of the oversight to state really in such instrument any of the truths or circumstances previously stated.

Endorsement by Deputy Commissioner.

Area 32(1) When an instrument conveyed to the Deputy Commissioner under segment 31, is as he would see it, one of a portrayal chargeable with obligation, and

a)The Deputy chief establishes that it is as of now completely stamped

b)The obligation controlled by the Deputy Commissioner under area 31, or such a total as, with the obligation officially paid in appreciation of the instrument, is equivalent to the obligation so decided, has been paid, the Deputy Commissioner should confirm by support on such instrument that the full obligation (expressing the sum) with which it is chargeable has been paid.

(2)When such instrument is, as he would like to think, not chargeable with obligation, the Deputy Commissioner should affirm in way previously stated that such instrument is not all that chargeable.

(3) Subject to any requests made under Chapter VI, any instrument whereupon a support has been made under this area might be regarded to be properly stamped or not chargeable with obligation, as the case may be; and, if chargeable with obligation, should be receivable in proof or generally, and may be followed up on and enrolled as though it had been initially stamped:

If that nothing in this segment might approve the Deputy Commissioner to support

a)Any instrument executed or initially executed in India and conveyed to him after the termination of one month from the date of its execution, or first execution, as the case may be;

b)Any instrument executed or initially executed out of India and conveyed to him after the termination of three months after it has been initially gotten in the State of Karnataka; or

c)Any instrument chargeable with an obligation not surpassing fifteen paise or a home loan of harvest (Article 35 (an) of the Schedule) chargeable under provision (an) or (b) of segment 3 with an obligation of a quarter century, when conveyed to him, after the execution thereof, on paper not properly stamped.

c)Any instrument chargeable with an obligation not surpassing fifteen paisa or a home loan of product chargeable under statement of area 3 with an obligation of a quarter century conveyed to him, after the execution thereof on paper not properly stamp

Around A SALE DEED

Around A SALE DEED

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

Deal Deed is otherwise called transport deed. This is the report by which the dealer exchanges his entitlement to the buyer, who, thus, obtains a flat out responsibility for property. This record is executed resulting to the execution of the deal understanding and after consistence of different terms and conditions itemized in the deal assention.

Prior to the execution of the deal deed the title of the merchant is to be built up certain. Duplicates of the archives of title must be investigated by a backer, knowledgeable and experienced in property dealings.

On the off chance that there is any encumbrance on the property, such encumbrance is to be cleared by the merchant at his cost.All statutory installments like property expense, water and power charges and whatever other installments due on the property ought to be cleared before the execution of the Sale Deed. Any past charges or home loan ought to be clear before execution of the Sale Deed.

Clearances, and authorizations required to be gotten by the dealer ought to be acquired before execution of the deal deed.Latest encumbrance endorsement of the property, consequent to the date of the deal understanding up to the proximate date of offer deed ought to be gotten, and such testament ought to be of nil encumbrance.All the persons having enthusiasm for the property ought to be made gatherings to the deed. Specific consideration should be paid in the event of procurement of properties from a Limited Company, Partnership Firm, Hindu Undivided Family, Trust, Power of Attorney Holder and Minor.

Draft Sale Deed

A draft Sale Deed, containing full subtle elements of the gatherings, development sum paid, method of parity sum payable, receipt of the parity sum by the dealer, giving over the first archives of the property, giving over the ownership of the property, giving over the approval letter to exchange power and water meters, marking of the application for exchange of khatha, title of the vender of the property, reimbursing the buyer if there should be an occurrence of imperfection in the title, easement rights, will be arranged by the buyer's supporter. Such draft Sale Deed ought to be inscribed as draft Sale Deed and might be marked by the buyer's supporter.

A duplicate of the draft Sale Deed will be given to the vender for his endorsement. The merchant and his promoter will confirm the draft deal deed and affirm it, or may propose suitable erasures, augmentations or corrections. The design is to deliver the right goal of the gatherings to the Sale Deed.

On endorsement of the draft Sale Deed, the same must be arranged on a quality or an archive paper. In Karnataka it might be arranged on great quality paper like bond paper or green paper and the stamp obligation may be paid by method for interest draft or pay request or money. The accurate measure of stamp obligation ought to be determined from the Sub Registrar office. Buyer is obligated to pay the Stamp obligation according to esteem expressed in the archives or according to the Sub-Registrar office esteem whichever is higher.

Execution

After the Sale Deed is arranged every one of the gatherings to the deed might execute it by fastening full marks. Every page ought to be marked by every one of the venders. Any overwriting, cancelations, deletions and increments must be verified by full marks of the parties.The execution of the Sale Deed requires to be seen by two witnesses. The witnesses should give their full particulars and locations.

Deal Deed of ardent property of esteem more than Rupees one hundred needs obligatory enlistment. The properly executed deal deed ought to be displayed at the jurisdictional sub-recorder office. Every one of the gatherings, including the affirmation witnesses might be available at the season of enlistment and concede the execution. Buyer additionally must be introduced for the execution of the reports at the Sub Registrars office. On the off chance that the buyer is not in position to be available before Sub Registrar, he can give Power of Attorney to any of his persons to sign and present the archives for his sake. On the off chance that dealer signs the Sale Deed, it is necessary that through the enrolled Power of Attorney holder just can speak to for him to display the archives before the Sub-Registrar.

Enrollment

In Karnataka, the Sub-Registrars office, take the photographs of buyer, merchants, witness furthermore their thumb impressions and print the same on the Sale Deed.The sellers needs to create all the first records relating to the property to the buyer. In the event that the property is isolated into one or more partitions, the dealer needs to give confirmed duplicate or Xerox duplicate of the records to the buyer and needs to offer assertion to that impact. For the most part, the bigger segment holder ought to get the first reports.

There is a period limit for showing the reports for enlistment. As far as possible is four months from the date of execution. From there on a beauty time of an additional four months is permitted on installment of punishment. The most extreme punishment is ten times of enrollment charges.

Now and again, the enrolling powers may debate the stamp obligation paid. In such cases, the buyer has a choice of paying the extra stamp obligation by method for money or payorder. The buyer may challenge it in which case the Sub Registrar will do the pending enlistments and send it to the Registrar of Under Valuation to land at appropriate Stamp Duty.

Gatherings need to cite their Income Tax Permanent Account Number on the off chance that the exchanges are done in real money for the property which values more than Rs 5,00,000. Parties, who have not yet been apportioned Permanent Account Number, will need to document Form No.60 or Form No. 61 if there should arise an occurrence of Agriculturists.

The buyer's backer needs to take all safety measures while get ready Sale Deed. It is a most vital archive and chooses the destiny of the buyer. The buyer needs to save the Sale Deed securely.

A QUESTION OF TRUST PROPERTY

A QUESTION OF TRUST PROPERTY

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

It is hard to characterize "Trust" in the lawful sense. The Indian Trusts Act 1882, characterizes Trust as a commitment associated with property proprietorship, and emerging out of a certainty rested in. what's more, acknowledged by the proprietor, or announced and acknowledged by him, for the advantage of another, or of another and the proprietor. Indeed, even this definition does not completely catch the quintessence of the term. On the other hand, it is less demanding to portray what a Trust is.

An operational Trust has no less than four fixings. One is the 'Creator of the Trust' who makes the Trust. He rests certainty or trust in one or more persons to execute the objects of the Trust. The persons in whom the certainty is rested are the "Trustees." The individual for whose advantage the Trust is made is the "Recipient." The beginning cash raised for the trust is its "Corpus." The Trust leader might not have ardent properties. On the off chance that you are managing a Trust property or wanting to buy property from a Trust, you need to first look at whether it is a Private or a Public Trust, or whether it is a Religious Trust. Contingent upon the kind of Trust, the methodology will fluctuate.

One of the methods for discovering whether a Trust is a Private or a Public Trust is to see what its items are, and who the recipients are by looking at the Trust Deed. On the off chance that the recipients are identifiable, then most presumably it is a Private Trust. In the event that particular recipients are not identifiable and the recipients are the overall population or areas of general society, then it is a Public Trust.

Endowments

This is extremely basic in managing the properties of a Trust. The following thing is to see with reference to how the property was procured by the Trust. The Trust can secure properties by endowments, that is, testamentary miens made by persons through a will. It can secure properties by out and out buy or by other modes.Frequently, properties are additionally supplied or orally exchanged to the Trust. Separate statements are made affirming the exchange. In spite of the fact that there may not be any enlisted archive, offering property to a Trust by a legitimate gift or oral exchange is substantial. This must be found out from the records.

A qualification must be made on how the property is gotten, and on the constitution of the Trust. According to the Indian Trusts Act 1882, a Trust associated with an enduring property must be constituted by a non-testamentary instrument in composing marked by the Author of the Trust or the Trustee and enrolled. The Will of the Author of the Trust or the Trustee can likewise constitute it. To the extent portable properties are concerned, a Declaration of Trust must be made and responsibility for property exchanged to the Trust. A Trust can't be constituted in a false way or to crush the privileges of persons asserting enthusiasm for the property.

You likewise need to check whether there is a finished divestment of right, title and enthusiasm of the Author of the Trust or the Donor in the property. The reports to be checked could incorporate revelations, duty records, and different archives proving dealings of the Trust. To the extent offer of Trust property is concerned, particularly a Public Trust, it is the deed, which administers the same.

There ought to be a reasonable procurement in the Sale Deed empowering the Trustees to offer property. In the event that this procurement is not obviously found in the Trust Deed, then court authorization is required for the deal. This authorization must be gotten relying upon whether the Trust is a Private or a Public Trust. Any course contained in the

applicable Trust Deed for affecting the deal must be entirely met. On account of Public Trust or Charities ,consent from the Income Tax Department may be required.

The Trust must have the capacity to give you the title deeds and convey empty ownership of the property, unless generally concurred. The persons marking in the interest of the Trust ought to be engaged under the Trust Deed or according to headings of court. The Sale Deed or Conveyance must be stamped and enrolled of course. Any suit pending against the Trust ought not influence the exchange of property.

The offer of the Trust property ought to have been made amid the term of the Trust. A Public or a Charitable Trust is, on the other hand, unavoidable and is intended to have interminable presence, unless ended by a request of court. In certain Public and Charitable Trusts, the skillful court can outline a plan and the property must be managed as per the headings or procurements of the said plan. On the off chance that permission  is required from the Board of Trustees or some other convention must be satisfied, then the same must be consented to.

Offer of properties by Trusts, which are essentially instructive foundations, or religious trusts or Wakfs is represented by diverse techniques. It is best to acquire skilled proficient guidance on different parts of the buy, particularly, the need of drawing nearer the court for getting suitable requests or choosing to buy the property in view of the terms and headings contained in the Trust Deed.

"A" KHATA PROBLEMS OF BANGALORE PROPERTIES

"A" KHATA PROBLEMS OF BANGALORE PROPERTIES

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

Property proprietors under the points of confinement of Bruhat Bangalore Mahanagara Palike (BBMP) are confronting part of disarray and obstacles in getting khatas from the BBMP. Khata fundamentally is an essential property ID archive issued by the neighborhood municipal body to perceive the responsibility for property in their points of confinement. Khata contains the points of interest of property like name of the proprietor, measurement of the plot or size of the building, area of the property and different subtle elements which causes legitimately proprietors to document property charge. Aside from this khata is required for applying for building permit, for exchange permit, for advance from any banks or monetary organizations and so on.,

In 2007 seven city metropolitan chambers (CMC) Kengeri Town Municipal Council (TMC) and 110 towns, were brought under the organization of Bangalore Mahanagar Palike (BMP). In this manner, about 2/third region was added to the current 1/third zone under BBMP. Just properties which were endorsed by the town arranging powers and some different properties entirely fitting in with the bi laws of the BBMP has been issued "A" Khata.  For the remaining properties in the recently included ranges the proprietors can pay expense to BBMP and get the "B" khata structure. As per BBMP there is in no way like "B" khata, yet it is just a concentrate of the B register kept up by the metro powers to make passages of the charges gathered on the properties.

"A" Khata is required to be from the BBMP to perceive the responsibility for property which makes the proprietors qualified to get municipal conveniences reached out to them. Be that as it may, the greater part of the properties in the old CMC regions now going under BBMP have numerous inconveniences in getting "A" khata the same number of anomalies relating to land transformation, building bye law infringement and so on., are widespread in these properties. To get "A" Khata the area ought to be DC changed over, proprietors ought to have paid a la mode duty furthermore paid advancement charges to the BBMP relating to changed over terrains. Every single political partie guarantees the general population about 'Akrama – Sakrama' plan for regularizing unapproved/fabricating infringement developments. Be that as it may, nothing is occurring in such manner till date.

The Government must step to relieve the issues of property proprietors in Bangalore city either by ÇFactualizing the beforehand considered plan of 'AKRAMA – SAKRAMA' or other plan, to regularize the property possessions by gathering one time punishment/expenses, empowering the natives to apply and acquire "A" Khata for their propertf

WILL – BY A MUSLIM

WILL – BY A MUSLIM

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

Testamentary Document or a testament means a document made by a person whereby he disposes of his property but unlike a disposal inter vivo, it is unilateral and comes into effect on his death, and therefore, the document comes into effect on the death of the testator only.

A WILL or testament is defined as a ‘declaration, made in accordance with the formalities required by statute, of the intention of the person making it with regard to the matters which he wishes to take effect upon or after his death. Until then, it is an inchoate or ambulatory document which can be revoked, modified or substituted by another such document.

‘WILL’ is defined in Section 2 (1) of the Indian Succession Act, 1925 as the ‘legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death’.

A will must deal with the intention of the testator as to how his property is to be dealt after his death. If such an intention is disclosed and the property is also dealt with, it is a will, but not otherwise, by whatever name it is called, and provided it is executed as required by the Law.

A will has no standard form but generally the contents of a will fall under the following heads:

(1) Name, address, age, occupation and community of the testator;

(2) Clause revoking all previous wills and other testamentary documents;

(3) Clause appointing executors, and trustees.

There is no maximum limit prescribed under Indian Law as to their number unlike English Law where the maximum limit prescribed is four under Section 160 of the

Supreme Court of Judicature (Consolidation) Act, 1925. 

But as far as possible the number of executors should not exceed three.

(4) Then will come the clause mentioning specific bequests followed by two clauses:

      (a) one containing general bequest; and

      (b) the second containing residuary bequest.

The last one is very necessary otherwise if any property is not generally or specifically dealt with, the testator may be considered as having died intestate in

      respect thereof.

(5) A clause is also inserted stating that the testator is in sound health and proper state

      of understanding though that clause has not much value;   

(6) The last clause is about the testimonium and attestation;

(7  Date of the will can be given in the beginning or at the end, the latter being the

      standard practice.

So far as Muslims are concerned, the provisions of Part VI of the Succession Act, containing Sections 57 to 191 and which deal with execution of a will, the construction of the provisions of a will and the different types of legacies do not apply to Muslims in India. Sections 211 and 212 of Part VI of the Succession Act also do not apply to Muslims in India.

Therefore, so far as matters such as power to make a will, nature of the will, execution and attestation thereof etc., are concerned, the Muslims in India are governed by the Muslim Personal Law. Under that Law, a Muslim can make a WILL orally or in writing and no form is required for such writing. If the Will is in writing it need not be attested. A person who is a major and of sound mind can make a will and he can dispose of his all or any part of his property by will.  However, there are two basic restrictions on the power of a Muslim to make a will namely:

1.a bequest to an heir is not valid except to the extent to which the persons who are heirs of the testator, at the time of his death, expressly or impliedly consent to the bequest after his death; and

2.Muslim cannot dispose of his property to a person who is not his heir in excess of one third part thereof, except in cases such as

(i) where such excess is permitted by a valid custom;

(ii) where there are no heirs of the testator;

(iii) where the heirs existing at the time of the testator’s death have consented to such bequest after his death; and

(iv) where the only heir is the husband or the wife and the bequest of such excess does not affect his or her share.

Any legacy bequeathed in such excess will abate according to the rules of the Law.A Muslim may change his will during his life time or cancel his legacy.A will may also become void if the testator, after making the will, becomes of unsound mind and continues to be so till his death.Similarly, a bequest which is contingent, or conditional or in future or is alternative would be void.

 

VOID AGREEMENTS AND CONSIDERATION

VOID AGREEMENTS AND CONSIDERATION

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

VoidAgreements

Clause (e) of Section 2 of Indian Contract Act 1872, defines an agreement as every promise and every set of promises forming consideration of each other in an agreement. Agreements are instruments wherein two or more parties agree over something, to do some work, to sell or purchase a property. The essential requirement of an agreement are consideration and objects.

Void Agreements are those agreements which cannot be enforced in any court of law. An agreement not enforceable by law is said to be void. An agreement which does not comply with the mandatory provisions of a statute is void. If, in an agreement,  consideration or  a part of consideration or the object is unlawful,  such an  agreement is a void agreement. Neither of the party to the agreement can seek remedy for violation of such an agreement in any court of law.

The status of an agreement withoutconsideration

In general, any agreement without consideration is void. Section 25 of Indian Contract Act 1872, has certain exceptions to this general rule and the following agreements without consideration are not void:

a) An agreement which is made in writing registered and made out of natural love and affection by a person standing in a near relationship;

b) An agreement which is promise made to compensate for something done for the promisor by a person voluntarily. The compensation may be  whole or in part; and

c) An agreement which is a promise to pay a debt which is barred by limitation. Such a promise must be in writing and signed by the concerned person or his authorized agent. The debt may in whole or in part.

Whether a gift without consideration is Void ?

By gift one transfers the property without consideration. It is a unilateral act of one person. It is not a contract between parties. Section 25 of the Indian contract Act provides that the provisions of the section do not affect the validity of any gift actually made as between the donor and  donee, through no consideration is passed.

Consideration at most times is the market value of the property. The Indian contract Act simply states that  agreements without consideration are void. The Act does not refer to adequacy of consideration. It is matter between the parties to the agreements to decide the amount of consideration. The testing factor is whether the consent was given freely for inadequate consideration. The courts will take inadequacy of consideration in determining whether consent was given freely or not in resolving the disputes. But the agreements cannot be void on the basis of inadequate consideration alone.

Can an agreement restrain a person from seeking legal remedy ?

As stated earlier, if the object of an agreement is unlawful, such an agreement is void. Any agreement which restrains any party to the agreement from enforcing his rights by the usual legal proceedings in the  ordinary courts or tribunals or which limits the time within which he may enforce his rights is void.

The consideration and objects are lawful unless,

1) They are forbidden by laws in force.

2) They are of such nature that if permitted they would defect the provisions of any law.

3) They are fraudulent.

4) They involve or implies injury to the person or property of another.

5) The courts regards them as immoral or opposed to public policy.

Suppose in an agreement to sell, there is a clause that the vendor shall complete the sale transaction within three months of the date of agreement to sell, but fails to comply with this requirement.  Whether the agreement would become void and unenforceable?

Non-compliance of a clause in the agreement to sell would not make the agreement void. The vendor has legal remedy open to him upto three years from the date of such a lapse.

VIOLATION OF BUILDING BYE LAWS

VIOLATIONOF BUILDING BYE LAWS

Advocate for Property registration, property registration, registration stamp duty, Bangalore property registration

Bangalore is one of the fastest growing cities of India. The reasons for such a fast growth could be attributable mainly to the development of I.T. hub, pleasant climatic conditions and better educational and employment opportunities. Because of high influx of people to the city, there is a great demand for house and house sites in Bangalore.  This, in turn, has lead to the steep rise in the property values here.

Building byelaws are introduced to regulate construction activities, to prevent construction of buildings in a haphazard manner and to provide better civic amenities. Zoning regulations are also introduced with the same motive and to regulate the land use, control of density of population and to develop the city in an orderly way. However, these building bye-laws and zonal regulations are not strictly followed by the people presumably on the ground that the restrictions imposed are nothing but hindrance in exploitation of the property to the full extent and thereby they construct their buildings at their will. In so doing, they do not mind to forego certain prescribed civic amenities such as having broader roads, playgrounds, parks and other civic amenities.

Broadly, we may classify the violations into three categories viz., violation of Floor Area ratio, violation of site set back and violation of plot coverage. Violation of any one of these three violations would deprive the land owner of completion certificate.

FloorArea Ratio

Floor Area Ratio (F.A.R) is prescribed separately for intensely developed area, moderately developed area and sparsely developed area. Earlier, F.A.R. used to be high in more intensely developed central areas in view of land values and lower F.A.R. in the suburbs where land values are less. But presently it is on the reverse pattern and the policy is to fix less F.A.R. in the central area to enable decongestion and higher F.A.R in the suburbs to encourage development where the traffic and other problems are less.

Non-adherence of sanction plan restrictions and set back

The building bye-laws prescribe for certain set backs on   sides of the building to facilitate the people to have proper light, ventilation, privacy and to save them from dust and traffic noise. While framing the building bye-laws, the civic authorities also keep in mind the future land requirements for broadening roads. It is noticed that people violate building bye-laws by way of additional floor construction, site set back construction, and providing stair case on the site set back area, balcony area to be converted into living rooms.

Land  use

The Zonal Regulations of the Comprehensive Development Plan of Bangalore prescribe different land uses like; residential, commercial, land for civic amenities etc., for systematic development of the locality. But, it is noticed that the residential buildings situated along the main roads and the roads nearer to commercial area are developed and utilized as commercial property. Even several industries also do crop up in these localities in gross violation of zonal regulations. Similarly, residential or commercial buildings do crop up in civic amenities sites meant for parks, play grounds, schools, green belt areas etc.

Sanction Plan for additional constructions

If a part of the building is constructed with deviations, the owners of such property hesitate to approach the plan sanctioning authorities whenever they intend to put up further construction on the property for approval of  sanction plans for the reason that deviations will be noticed during inspection by these authorities and thereby proceed to make further construction without the sanction plan. Such people try to develop rapport with the concerned municipal authorities and put up additional constructions without sanction plan.

The reason for violation of building bye-laws and sanction plans by the people is that most of the land owners/builders want to exploit their land to an optimum extent because the residential and commercial properties do fetch high return.  Presently, in Bangalore there is a steep rise in land value, say Rs.5,000/- per sq.ft. on an average.

In a large number of cases, deviations and violations take place with the active support of the officials and the local politicians. Only in rare cases when it is brought to the notice of the competent authority of deviations, action would be initiated by the concerned authorities against which action the land owners knock the doors of the courts and in many such cases courts do grant stay.  Thereupon, the building owners do enjoy the property for long period despite violation of the bye-laws since it would take long time for the court to dispose of the matter.

Remedies

Violation of bye-laws, deviations of sanction plan, zonal regulations etc., cannot be allowed to be continued for long since it is an unhealthy trend. Therefore, the following suggestions may help in curbing violations of the bye-laws etc.

Userfriendly bye laws

The building byelaws and zonal regulations of the Comprehensive Development Plan  should be user friendly and acceptable to the majority of the public. Further, the byelaws should not consist of too many technical jargons but should be simple to enable the common man to understand and follow. Byelaws should be suitable to the local conditions failing which there would be violation of such laws.

Strict enforcement

When once user friendly building byelaws with simplified  procedure for  sanction of building plans are introduced, there should be deterrent punishment if the property owners deliberately deviate  from the sanctioned plan or construct their buildings without the sanction of the competent authority.  It may be kept in mind that unless strict enforcement of the zonal regulations and building bye-laws is carried out in letter and spirit, there is every likelihood of people violating even the user friendly byelaws.

Accountability  of  Engineers

Construction of a building generally takes not less than a year.  During this time, frequent visit by the concerned area engineer and supervisor to find out whether the construction is according to sanction plan etc., would prevent violations of the regulations by the land owners.  Instead of this, the municipal authorities conduct raids after several years of such construction putting the people to a great hardship and embarrassment. To avoid such a situation, strict enforcement of visit by the concerned engineer must be introduced and if any deviations are noticed later on, the concerned engineer should be made accountable for allowing such deviations and action initiated against him for dereliction of his official duty.

Imposition of heavy penalty for deviations

As a onetime relief, for the existing buildings all deviations in building bye-laws, plans and zonal regulations could be permitted with different slabs of penalty for such violations. The higher the violation, more the penalty. Once user friendly bye-laws are introduced, there should be no leniency whatsoever and every deviation should be punished with severe penalty. 

The building byelaws need revision whenever there is change in the C.D.P. of the city. The committee constituted to prepare the byelaws should comprise of not only the experts in the field but also the different sections of the public so that the matter could get debated from different angles before arriving at a conclusion. Thereupon, the draft byelaws should be circulated amongst the public to solicit the views and suggestions from people of different walks of life. The print and visual media can play a greater role in this regard. A team of technical officials consisting of town planners, architects, and civil engineers can be formed to educate the people on the need for adherence of the byelaws  while at the same enlightening the public of the punishment for violations. Similarly, area committees consisting of revered citizens and the representative of the resident’s welfare associations may be constituted to monitor violations.