Rajakaluve: Determination of types of Rajakaluve

Rajakaluve is nothing but water resources and flow of water in to the lake,canal, pond or any accumulated water ground. This Rajakaluve and it's resources along with lake could be seen in the old Village Map. The identification of Rajakaluve in the village Map is very easy and it has been marked as "Saravu" for small nala and "Kaluve" for Midium or big nalas. However, now most of the "Saravu" (small nala) can't be seen in the Comprensive Development Plan or Outline Development Plan and also Rajakaluve Encroachment reports published in the BBMP Websites which supersede over the Village Map as confirmed by the High Courtin many cases. The kannada word "Nala" is nothing but "Canal or Rajakaluve" within the municipality area. As far as the Rajakaluve determination is concerned that there are three types of Rajakaluve viz., 1. Primary Rajakaluve 2. Secondary Rajakaluve and 3. Territory Rajakaluve. 

The survey began in 2011.As per norms, the width of a primary drain (rajakaluve) should be 22ft, secondary drain 16 ft and tertiary drain 6-9 ft. As per the Revised Master Plan 2015 issued by the BBMP,the buffer zone to be maintained for primary, secondary and tertiary drains are 50 metres, 25 m and 15 m respectively (published in Times of India on Aug 02.2016).

As per the National Green Tribunal OrderThus, we direct that the distance in the case of Respondents Nos. 9 and 10 from Rajkulewas,Waterbodies and wetlands shall be maintained as below:-

(i) In the case of Lakes, 75m from the periphery of water body to be maintained as green belt and buffer

zone for all the existing water bodies i.e. lakes/wetlands.

(ii) 50m from the edge of the primary Rajkulewas.

(iii)35m from the edges in the case of secondary Rajkulewas

(iv) 25m from the edges in the case of tertiary Rajkulewas

This buffer/green zone would be treated as no construction zone for all intent and purposes. This is absolutely essential for the purposes of sustainable development particularly keeping in mind the ecology and environment of the areas in question.

To contemplate encroachment of rajakaluve, people can visit http://www.rajakaluve.org and BBMP official websites and http://landrecords.karnataka.gov.in/service3/

By virtue of Order passed by the Hon'ble Supreme Court, NGT guidelines towards Rajakaluve and Lake bufferzone has been  quashed. 

For More Clarification Please do call: +91 9845638531.

APARTMENT FLAT OR VILLA CANCELLATION DEDUCTIONS AND PROCEDURES

                                                                  Image Source: Google Images

As per the general practice under the law, if any customer would like to cancel a flat that is liable to deduct 5 to 10% amount on total consideration value or booking amount as per the terms of the contract or agreement. Moreover, exemption of deduction amount towards cancellation flat charges is left to the builder discretionary power in the presence of contract.

However, in the absence of any clause in this regard, you need to verify the application form's terms and conditions which might have been printed in back side. Per contra, if the application's terms and conditions stating favorable to the builder and were totally arbitrary and constituted unfair trade practices and in the absence of agreement executed between the parties, no certainty in this transactions. In case if they didn't mention any clause in this deal that you can issue a legal notice to the builder by saying cancellation of flat and claim refund total amount. Later, the builder may deduct some amount as general practice. Later, you can accept the deduction amount under protest and claim the deducted amount before the Consumer Forum under deficiency in service and unfair trade practice as your legal right had not documented. As per the legal requirement, any money transaction towards service provide under real estate shall be follow minimum legal formalities example: Agreement, Receipts, undertaking letter, Flat booking details etc.,

Moreover, in the event of the builder has not issued receipt for payment made by the customer

that would attract cheating offence committed by the builder under Section 420 of IPC as paid amount was not documented. You can lodge police complaint with respect to the same for future correspondence. And you can highlight this point before the Consumer Forum under Unfair Trade Practice.

For more clarification contact legalravibt@gmail.com

How do I detect "A" Khatha and "B" Khatha by verifying Khatha Documents in Bangalore?

There is no concept of "B" Khatha in the eyes of law. However, some properties will be registered in Form "B" Property Extract Register, when a properties are not eligible to issue Khatha Extract and Certificate (A Khatha as you aware)from the BBMP/BDA by virtue of violation of bye laws and rules and regulations Example: Deviation of Approved Plan, No Conversion of Land etc.,

A Khatha include : Khatha Extract and Certificate ( For legal buildings and sites)

B Khatha include: Form “B” Property Extract(For Illegal buildings and sites)

BBMP LIMITS

Khatha Extract and Khatha Certificate would shows the status of the property is coming under the A Khatha with the below descriptions viz,. You can verify the documents by following methods viz.,

Khatha Certificate

First Heading: BBMP (Kannada Language)

Second Heading: Certificate/Pramanapathra (in Kannada) issued by BBMP AND it shows the Khatha holder name and property number with measurement

Certificate Picture For Your Perusal

Khatha Extract

First Heading: BBMP (Kannada Language)

Second: Revenue Department (Kannada Language)

Third: House and Vacant Site Register Book (Kannada)

Moreover, it shows owner name, property number, khatha number, measurement, Betterment Fee instructions and conditions etc., All the contents have been printed with Kannada words..

Katha Extract: Blurred Image just for your perusal.

'B' Extract Register would shows the status of the property is coming under the 'B' Khatha with below descriptions viz.,

First Heading: BBMP (English Language)

Second Heading: Form "B" Property Extract Register

Moreover, it shows owner name, property number, khatha number and measurement. All the contents have been printed in English language.

B- Khatha Extract - Image not clear (For Privacy Reason)

You can visit the local authority to verify as to whether issued certificate is A Khatha or B Extract if any doubt?

VILLAGE PANCHYATH LIMITS (ANEKAL,BMRDA,DEVANAHALLI LIMITS ETC)

Form No. 9 and Form No.11 will be issued for Genuine and Legally Valid properties

Form No. 11B could be seen in B Khatha( Irregular Properties) which will be issued for illegal properties.

Property owner name, measurement, Schedule, Documents/Title sources, conversion details, owners photo, property photo and property ID number could be seen in form no. 9 and 11 and 11B

For more clarification, send mail request legalravibt@gmail.com

Hindu Women cannot act as Karta of the HUF after the death of her husband but can be considered as Manager.

Image Sources: www.india.com

CIVIL APPEAL NOS.3162-3163 OF 2010SHREYA VIDYARTHI VS ASHOK VIDYARTHI & ORS Decided on Dec, 2015

The court said “While there can be no doubt that a Hindu Widow is not a coparcener in the HUF of her husband and, therefore, cannot act as Karta of the HUF after the death of her husband the two expressions i.e. Karta and Manager may be understood to be not synonymous and the expression “Manager” may be understood as denoting a role distinct from that of the Karta from that of the Karta.  Hypothetically, we may take the case of HUF where the male adult coparcener has died and there is no male coparcener surviving or as in the facts of the present case, where the sole male coparcener (plaintiff – Ashok Vidyarthi) is a minor. In such a situation obviously the HUF does not come to an end. The mother of the male coparcener can act as the legal guardian of the minor and also look after his role as the Karta in her capacity as his (minor’s) legal guardian.”

Handwriting and Contents doesn’t matter as to whether cheque written by Complainant or not

When a person transferred a blank cheque to the creditor for any purpose that amounts to cheque was been issued under the security within the purview and presumption of Section 139 of Negotiable Instrument Act. As per the section 20 of NI act when blank cheque is given by drawer he gives authority to payee to complete the instrument. It is unequivocally established that payee can fill or write over the cheque but it shall be original transaction amount. It has a exception under the Section 87 if the payee failed to prove under the section 20 in respect of authority that amounts of material alteration.  In this regard, the accused can’t take any defence under the grounds that contents of the cheque not written by me and the same filled by the complainant. Therefore, the handwriting and contents in the cheque is immaterial. However, in order to avoid misuse the cheque from the point of original fact that income proof the complainant is mandatory as discussed in earlier post in this blog.

Section 20. Inchoate stamped instruments- Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in India, and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount: provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder."

Section 87. Effect of material alteration.—Any material alteration of a negotiable instrument renders the same void as against anyone who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties; Alteration by indorsee.—And any such alteration, if made by an indorsee, discharges his indorser from all liability to him in respect of the consideration thereof. The provisions of this section are subject to those of sections 20, 49, 86 and 125.

Study Case: Smt. Sunita Dubey vs Hukum Singh Ahirwar

The Builder Has No Power To Sell Car Parking Area

Image Soureces:pbelcity.in

The Hon'ble Apex Court clearly made it clear that the builder has no power to sell any car parking by receiving consideration amount from the customer because of the said area would be treated as common area.

 It was argued in Supreme Court Civil Appeal No. 2544 OF 2010 Nahalchand Laloochand Pvt. Ltd. Versus Panchali Co-operative Housing Society Ltd. that the right of the promoter to dispose of the stilt parking space is a matter falling within the domain of the promoter's contractual, legal and fundamental right and such right is not affected. This argument is founded on the premise, firstly, that stilt parking space is a `flat' by itself within the meaning of Section 2(a-1) of MOFA and in the alternative that it is not part of `common areas'. But we have already held that `stilt parking space' is not covered by the term `garage' much less a `flat' and that it is part of `common areas'. it must be held that stilt parking space/s being part of `common areas' of the building developed by the promoter, the only right that the promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither `flat' under Section 2(a-1) nor `garage' within the meaning of that provision is not sellable at all.

It is, thus, clear that the promoter has no right to sell `stilt parking spaces' as these are neither `flat' nor appurtenant or attachment to a `flat'.

Easement Right is Permanent for Next Generation's Legal Heirs

Image Sources: www.wherewilltheypark.com

(2012) 8 MLJ 379 J. Chandraekaran and Ors Vs V.D. Kesavan

(A)        Common usage – Right to use common passage – Whether plaintiff was entitled to common usage of the suit land – Held, document has to be read as a whole and it’s spirit should be taken note of – In recitals of partition deed, defendant and plaintiff’s father admitted that suit land should be available for both of them – Plaintiff derived his title only under his father even though not by inheritance, at least by compromise as envisaged under compromised deed – Plaintiff had right of common passage in schedule lane.

(B)         Indian Easements Act (5 of 1882), Section 15 – Prescription – Acquiescence – Electric metres of defendants fixed on wall of plaintiff – Whether defendants have right to continue such metres fixed on plaintiff’s wall as latter acquiescence to it – Held, once as per partition deed, specific right is found conferred on plaitniff’s father, cannot exclude his heir from using suit lance by just pleading prescription – Simply because plaintiff tolerated defendants, does not mean that ad nauseam and ad infinitum he should tolerate the same – Plea of acquiescence or prescription pleaded by defendants is untenable – Second appeal and cross-appeal dismissed.

What Law/Act says?

Section 13(e) and (f) provide as follows:

Where a partition is made of the joint property of several persons (e) if an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement; or (f) if such an easement is apparent and continuous and necessary for enjoying the share of latter as it was enjoyed when the partition took effect, he shall, unless a different intention is expressed or necessarily implied, be entitled to such easement.

Section 15 of the Easement Act inter alia provides:

where a right of way or any other easement has been peaceably and openly enjoyed by any persons claiming title thereto, as an easement, and as of right, without interruption and for twenty years.... Explanation II. Nothing is an interruption within the meaning of this section unless there is an actual cessation of the enjoyment by reason of an obstruction, by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

Conclusion:

An easement cannot be extinguished by virtue of creation of any agreement as to no alternative remedy available to enjoy the same and it it was common usage for all. When the right has been accrued from the ancestral or previous owner by creating an agreement that benefit goes to all apparent legal heir eternally or perpetually. Hence, any one of the next legal heirs or owners or possessor cannot impose any restriction over next generation’s beneficial enjoyment.