The Law of Registration

THE LAW OF REGISTRATION
(As under Transfer of Property Act-1882 & Registration Act-1908)

SUBHAN BANDEADVOCATE
KADAPA
subhanbande@gmail.com

 

Registration Fee vs. Stamp Duty

  • ‘Registration fee’ is charged by the Government to keep a document in public records.
    • ‘Stamp duty’ is levied by the Government to raise revenue and to recognise a right.
    • The ‘Law of Registration’ in India is explained under…..
      • The Transfer of Property Act-1882
      •  The Registration Act-1908

To read the full details – Click Here

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India has 35% chief ministers with criminal cases: ADR

In India, around 35 per cent chief ministers have criminal cases against them and 81 per cent of the total are crorepatis, according to an ADR report released today.
The Association for Democratic Reforms (ADR) and National Election Watch (NEW) have analysed the self-sworn affidavits of current chief ministers (CMs) in state assemblies and Union territories across the nation.

These were the latest affidavits filed by them prior to contesting the elections.

“Out of the all 31 chief ministers analysed from state assemblies and Union territories, 11 (35 per cent) chief ministers have declared criminal cases against themselves,” the Association for Democratic Reforms (ADR) report noted.

Further, 26 per cent CMs have declared serious criminal cases, including related to murder, attempt to murder, cheating and dishonestly inducing delivery of property, criminal intimidation, among others.

Interestingly, as many as 25 CMs, or 81 per cent, are crorepatis, with two of them having assets to the tune of over Rs 100 crore. The average assets of CMs are worth Rs 16.18 crore.

https://timesofindia.indiatimes.com/india/india-has-35-chief-ministers-with-criminal-cases-adr/articleshow/62889962.cms

RBI cautions bank customers against fake website seeking confidential account info

The Reserve Bank of India has cautioned citizens against a fake website which is fraudulently taking personal and confidential banking details of bank customers posing as the central bank.

The Reserve Bank of India has cautioned citizens against a fake website which is fraudulently taking personal and confidential banking details of bank customers posing as the central bank.

“It has come to the notice of the Reserve Bank of India that a fake website of the Reserve Bank of India has been created with the URL http://www.indiareserveban.org by some unknown person(s). The layout of the fake website is similar to the original RBI website,” RBI said in a statement on its website.

The official website of the RBI — India’s central bank — is https://www.rbi.org.in  and it holds no other website.

The home page of the fake website also contains a provision for “Bank verification with online account holders” which appears to have been created with a fraudulent intent of obtaining personal and confidential banking details of customers of banks, it added.

The Reserve Bank of India clarifies that as India’s central bank, it does not hold any accounts for individuals and never asks for personal information such as bank account details, passwords, etc…

“The Reserve Bank cautions members of public that responding online on such websites could result in compromising crucial personal information that may be misused to cause financial and other loss to them,” the banking regulator clarified.

Over past years, RBI has been consistently alerting customers about the fake websites, emails asking to transfer funds or for bank account details in the name of a lottery, fictitious job offers in the name of RBI jobs, etc fraudulently luring and cheating customers and that one should not fall prey to it.

Further, members of public are also cautioned about existence of websites such as www.rbi.orgwww.rbi.in etc. These URLs may appear similar to the website of RBI. However, these websites have no affiliation with the Reserve Bank of India. Members of public are advised to be cautious while accessing or when providing any information on such sites.

Dangers of Statin Drugs

Dangers of Statin Drugs: What You Haven’t Been Told About Popular Cholesterol-Lowering Medicines

Hypercholesterolemia is the health issue of the 21st century. It is actually an invented disease, a “problem” that emerged when health professionals learned how to measure cholesterol levels in the blood. High cholesterol exhibits no outward signs–unlike other conditions of the blood, such as diabetes or anemia, diseases that manifest telltale symptoms like thirst or weakness–hypercholesterolemia requires the services of a physician to detect its presence. Many people who feel perfectly healthy suffer from high cholesterol–in fact, feeling good is actually a symptom of high cholesterol!

Doctors who treat this new disease must first convince their patients that they are sick and need to take one or more expensive drugs for the rest of their lives, drugs that require regular checkups and blood tests. But such doctors do not work in a vacuum–their efforts to convert healthy people into patients are bolstered by the full weight of the US government, the media and the medical establishment, agencies that have worked in concert to disseminate the cholesterol dogma and convince the population that high cholesterol is the forerunner of heart disease and possibly other diseases as well.

Who suffers from hypercholesterolemia? Peruse the medical literature of 25 or 30 years ago and you’ll get the following answer: any middle-aged man whose cholesterol is over 240 with other risk factors, such as smoking or overweight. After the Cholesterol Consensus Conference in 1984, the parameters changed; anyone (male or female) with cholesterol over 200 could receive the dreaded diagnosis and a prescription for pills. Recently that number has been moved down to 180. If you have suffered from a heart attack, you get to take cholesterol-lowering medicines even if your cholesterol is already very low–after all, you have committed the sin of having a heart attack so your cholesterol must therefore be too high. The penance is a lifetime of cholesterol-lowering medications along with a boring lowfat diet. But why wait until you have a heart attack? Since we all labor under the stigma of original sin, we are all candidates for treatment. Current dogma stipulates cholesterol testing and treatment for young adults and even children.

Click Here to continue reading this interesting article

Respite for co-op housing complexes under GST net

The Central Government has given a little relief to the co-op housing societies that have an annual income of over Rs 20 lakhs or those that have been collecting monthly maintenance charges of more than Rs 5,000 by relaxing the norms of GST.

The co-op housing societies, having an annual income of over Rs 20 lakh or those collecting monthly charges of more than Rs. 5,000, are required to pay 18 per cent GST on their income from July 1, 2017 onwards, but now effective January 2, 2018, the societies have been collecting monthly charges up to Rs. 7,500 from their members who have been exempted from paying 18 per cent GST. In other words, the GST will be applicable only to those societies collecting monthly charges of more than Rs. 7,500.

The societies’ income includes the money earned while transferring flats in the name of new owner in case of resale of flats, repairs and maintenance charges, parking charges, sinking fund, non-occupancy charges, or simple interest for late payment of dues, which attracts GST, since these charges are collected for supply of services meant for members.

In many instances, transfer fees, that are charged by the societies and paid by incoming and outgoing members when a flat in the society is sold, contribute significantly towards a society’s annual collection. While the model bylaws under the Maharashtra Co-operative Societies Act have placed a limit of Rs 25,000 on transfer fees, in reality the fees run into a lakh or more per transfer. Thus, collections from transfer fees may mean that even societies housing the middle classes also find themselves having a turnover of over the threshold of Rs 20 lakh.

Maintenance charges are collected by co-op housing societies for purposes like providing security, lift upkeep, maintenance of common areas and are typically a reimbursement for expenses incurred.

If total collections of the societies are less than Rs 20 lakh a year, then they are not required to be registered under GST. Consequently, they are not liable to impose GST on taxable services. Smaller societies with lower annual collection (revenue) are out of the GST ambit.

However, in luxury societies having facilities like a club house, gym or swimming pool, monthly maintenance charges are steep, running up to over a lakh. The annual collection of such societies are typically far higher than the Rs 20 lakh threshold. So, GST is levied by such societies.

There are over 90,000 registered cooperative housing societies in Maharashtra, out of which nearly 50,000 cooperative housing societies are in Mumbai, Navi Mumbai, Thane and Mumbai Metropolitan areas alone. Roughly there are 29,000 societies in Mumbai, 6,000 societies in Thane and 5,500 societies in Navi Mumbai and over 2,800 societies in MMR including Panvel.

Some of the societies located in Malabar Hill, Napean Sea Road, Pedder Road in South Mumbai and some of the housing complexes located in suburbs, have a limited member strength, but their maintenance charges per flat are heavy.

Speaking to The Afternoon D&C, Mahendra Mhaske DD-III said that it is mandatory for all such societies to register themselves under GST. Maharashtra Societies Welfare Association (MSWA ) Chairman, Ramesh Prabhu said that earlier the societies were required to pay different type of taxes. But now under this system, the tax structure is expected to be rationalised.

Services provided by government or local authorities to persons other than business entities are exempted from GST. Thus, if property tax or water tax is collected by the CHS on behalf of the BMC from individual flat owners, then GST is not chargeable. Similarly, GST is not chargeable on non-agricultural tax or electricity charges collected under other statutes from individual owners.

By Raju Vernekar

http://www.afternoondc.in/epaper/EpaperPost.aspx?id=214694

Do NOT sign Registered AD letter Acknowledgements

Perhaps one more idea to be Vigilant ?..

Shared By Adv. Vinod Sampat
Note under certificate of posting is now stopped.

REGISTERED LETTERS…
DO NOT SIGN THEM UNLESS YOU KNOW WHAT IS INSIDE…
PLEASE SHARE THIS WITH YOUR FAMILY AND FRIENDS
WHITE COLLAR CRIMINALS – NEW MODUS OPERANDI
IMPORTANT INFORMATION, MUST READ
REGISTERED LETTERS.. DO NOT SIGN…
From ‘Lawyers Talk: 8618’
Without Prejudice.
Dear all,
Something to ponder about when receiving registered letter.
How often do we take the trouble of opening the letter before signing the Registered AD (Acknowledgement Due) Letter acknowledgement slip?
Read to find out more…. in future be cautious.

Open letters BEFORE signing to acknowledge receipt of the Registered AD (Acknowledgement Due) Letter..!!!
Folks, the next time the postman or courier guy comes to deliver a Registered AD (Acknowledgement Due) Letter, a Certificate Of Posting Letter or Parcel, do the following:
a) Check who is it from..??
b) If you do not know the source, reject it.
If you accept it without knowing the source, the following has happened and can happen to you too…
There have been cases where lawyers have done the following:
a) Mailed empty / sealed Registered AD (Acknowledgement Due) Letter to people on behalf of their clients for some court case matter.
b) The Registered AD (Acknowledgement Due) Letter either, consisted of brochures promoting sale of new real estate or some car model or just an empty A4 size paper inside. In normal circumstances, when one receives an empty letter or junk mail, they will just tear it up and throw it away, BUT BUT, here lies the danger:
a) You signed the Registered AD (Acknowledgement Due) Letter acknowledgement card and it is returned to the law firm. That signed Registered AD (Acknowledgement Due) Letter
acknowledgement card is proof that a letter was delivered and confirms the delivery and can/will be used against you in court.
b) Same applies to the so very convenient “CERTIFICATE OF POSTING” mail.  When the grace period for you to respond is over,  they quietly go to court and show proof that a Registered AD  (Acknowledgement Due) Letter was sent to you as a reminder and you did not bother to defend it and thus convince the court officials and get a judgement against you.
Next another Registered AD (Acknowledgement Due) Letter is sent to you asking for damages approved by the court, or just another empty envelope and you discard it once more and this  time the white collar crook will go to the court quietly and seek the assistance of the court to seal/attach your property to recover the amount awarded by the court and soon the court bailiff will be at your door step to execute the order.
What happens next..?
You frantically call your relatives in disbelief and seek legal advise.
You are lost not knowing what’s happening.
Anxiety, stress, palpitation, sleepless nights cannot be compensated as this is a reality check. You engage a lawyer’s firm, spend a many thousand rupees for paper work and an appeal to the Higher court
to set aside this matter… and also spend several days in court trying to prove your innocence.
What are your rights.??
a) You have every right to reject any mail / parcel that comes from unknown sources, be it a debt collection company, law firm or some individual.
b) You have every right to ask the postman or the person delivering it to open the mail and let you see what is inside and the contents of the letter.
c) REJECT IT if you are not comfortable… or ask them to deliver to a law firm that you know.
d) If you have inadvertently signed and collected the empty Registered AD (Acknowledgement Due) Letter/mail, lodge a police report and also report to the bar council… as this will help in your case to protect you… if the matter goes to court.
Eye opener isn’t it, crime is no longer just house break-ins and snatch thefts where most of the thieves get a few hundred rupees… BUT these days, the crooks come dressed in suits, so be aware and be smart… or you will end up spending thousands of rupees, many hours spent travelling to court or to your
lawyers office, not forgetting the stress, anxiety, sleepless nights, etc. Do inform ALL your family members staff….
NOT TO SIGN ON BEHALF OF ANYONE…
let the postman leave a card,
go check at the post office,
ask the postman to open and
show you what is inside the envelope…
or lastly…
if you are not comfortable, just reject it…
BUT DON’T SIGN WITHOUT KNOWING WHAT IS INSIDE…!!

Hyundai – no refunds?

I m Vijay Goyal,my cell no.9820190536 and my add.204 Indo Saigon Ind. Estate,A.K.Road,Marol Naka,Andheri (east) Mumbai 400059,Mail add. v.goyal@akshaet.com

I booked a Hundai Creta Car with Global Gallarie wheels Pvt.Ltd.Everest Complex,A.K.Road,Andheri (e),byBooking Docket no C2016071375 on 27/07/2016

Now Global Gallarie is no more their Agent and one of other showroom at Thane is also closed and when there was no response for my Correspondence and Phone Calls,

Made Complaint to MIDC Police Station,On Line Consumer Forum by Complaint No.404665 on Aug.2017 and many other Places but no result,

At Last to Hundai Moter India Ltd.,Irrugattukottai,NH4,Sriprumbudur,Taluka Kanchipuram,Dist. Chennai,Tamilnadu 602117 and reported to Consumer Forum by 404665 no.

But for no result,

Please Advise,

With Warm Regards,

Vijay Goyal.