Recent Changes in Nomination Rules

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There have been recent changes to nomination rules for bank accounts, mutual funds, and demat accounts. 

Bank accounts 

  • The Banking Laws Amendment Act, 2024 allows up to four nominees to be named for a bank account.
  • The nomination can be made for deposits, safe custody, and safety lockers.
  • The nomination must specify the percentage of the deposit allocated to each nominee.
  • If the order of nomination is not specified, the nominees will be considered in the order of their names.

Mutual funds and demat accounts

  • The Securities and Exchange Board of India (SEBI) allows up to 10 nominees to be named for a mutual fund or demat account. 
  • The nomination must be made directly by the investor. 
  • The nominees can hold the assets jointly or open separate accounts. 
  • The investor must provide detailed information about their nominees, including their PAN number, driving license number, or Aadhaar number. 

These changes aim to improve services for depositors, nominees, and investors. They also help to reduce unclaimed assets and improve the management of investments. 

Mumbai: Court Restrains Housing Society From Charging Maintenance On Per-Square-Foot Basis, Orders Per-Unit Billing

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In a significant ruling for property owners, Mumbai’s Co-operative Court has restrained a housing society from levying maintenance charges on a per-square-foot basis. The court directed the society to follow the legally mandated per-unit billing method until a final decision is reached in the dispute.

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Co-operative Court orders housing society to stop levying maintenance charges on a per-square-foot basis | Representational Image

Mumbai: In a significant ruling for property owners, Mumbai’s Co-operative Court has restrained a housing society from levying maintenance charges on a per-square-foot basis. The court directed the society to follow the legally mandated per-unit billing method until a final decision is reached in the dispute.

The order was passed recently while hearing a plea by advocate Abha Singh challenging her society, Trade World Premises Co-operative Housing Society Limited (CHSL), decision to charge her maintenance on per-square-foot basis.

“The opponent society, its managing committee members, servants, agents acting on their behalf are hereby restrained from levying and collecting bills from the disputant on per square feet basis till the decision of the present dispute. The opponent society can issue and collect bills on per unit / flat basis,” judge SK Devkar said recently.

Singh’s advocate Aditya Pratap submitted that the housing society has failed to comply with a directive issued by the Government of Maharashtra under Section 79 of the Maharashtra Co-operative Societies Act, 1860, which mandates that maintenance charges must be equally divided among all flats, regardless of their size. This directive was upheld by the Bombay High Court, which stated there was “no rational basis” for charging larger flats more for shared services.

Pratap further argued that the society’s billing practice was inequitable, forcing owners of larger flats to pay disproportionately for common services such as security, electricity, and maintenance of shared areas. The court agreed, noting the lack of justification for the society’s billing method.

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The court, in its order noted that the housing society, though appeared, failed to file a reply and written statement. As the society “failed to argue”, the judge proceeded with the application without argument on behalf of opponent society. “Therefore, adverse inference can be drawn against the opponent society,” the judge noted.

In the detailed order, the Judge said that the society failed to follow the government directive dated April 29, 2000, which explicitly requires maintenance charges to be equally divided among all flats and commercial spaces in registered co-operative housing societies.

“I have minutely gone through the said bills. Prima-facie it appears that, the maintenance charges mentioned in the bills varies from month to month without any reason mentioned therein. Therefore, it appears that the opponent society is levying maintenance charges on per square feet basis,” the judge noted.”

Urvi MahajaniUpdated: Thursday, January 23, 2025, 04:14 AM IST

Read Also

Bombay HC Directs Navi Mumbai Housing Society Not To Restrain Resident From Feeding Stray Dogs

https://www.freepressjournal.in/mumbai/mumbai-court-restrains-housing-society-from-charging-maintenance-on-per-square-foot-basis-orders-per-unit-billing

Seminar against Corruption

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Realm of Law a legal firm headed by Shri K. V. J Rao, along with Petition Group Foundation (an NGO) established to fight corruption in Administration are renowned for fighting against the growing number of corruption cases in redevelopment projects.

Since 2023, we started holding educational seminars to guide Citizens cheated by developers, the last seminar was conducted on 26th May 2024.

Hence, due to the requests from several members, we are organising another seminar on 4th Aug 2024 (Sunday).

Topic covered in the seminar would be:

  1. Criminal aspects of frauds in Redevelopment Projects and how to address them.
  2. How to file FIR’s against Developers based on their acts of omissions and commissions.
  3. Common issues in Society Matters.
    A) How to legally fight a corrupt managing committee.
    B) How to legally fight corrupt/non cooperating flat owners.

ALONG WITH THE ABOVE SUBJECT WE’RE ALSO ADDRESSING CRITICAL SUBJECT .
We’re having an educative talk given by Shri K. V. J Rao giving guidance and information on how to fight corruption and injustice in public offices. We intend to guide common citizens on HOW to fight corruption and target corrupt public servants indulging in deficiency of duties.

The session is intended to motivate common citizens to fight against the corruption done by public servants. The seminar will educate all on methods to expose and put such public servants to shame.
The topics of interest :-
1] How to file criminal cases against public servants.
2] How best to self represent your cases before the learned Magistrate.
3] How to interpret past judgements before the learned Magistrate to get a conducive order.
4] How to prosecute culprits in your case.
5] To discuss about the success stories of individuals who fought for their own rights and achieved good, favourable orders / replies from various government authorities.

SPEAKERS:

1. Shri. K.V.J. RAO
 Activist and domain expert on criminal law.

2. Shri. AMEET ISRANI
 Expert on Society Matters.

Kindly note that the queries will be taken by prior submission to the organiser (9870392223) and it is the jurisdiction of the organiser to take the matter on board as per relevance to the topic.

Details:

Day, Date and Time :
Sunday, 4.08.2024
9 AM to 6 PM

Venue :
Sarvodaya – Centre for Capacity Building- FIRST FLOOR HALL.
Gate # 3, St. Pius X College Complex,
Off Virwani Industrial Estate Road,
Goregaon (East), Mumbai – 400063

Landmark: Take the IITC Road from Umiyadham Jain Mandir.

Google Map Link: https://goo.gl/maps/TGoShRXT5Tbv6pSC9

LIMITED SEATS FOR 90 PARTICIPANTS ONLY.

Fees: Rs.500 by prior online transfer via Bank Details or UPI ID or scanner barcode.

Arrangements at the Venue:-
1) Breakfast & Tea will be provided.
2) Lunch will be served in the dining hall.
3) Evening Snacks and Tea will be provided.

If interested, then kindly contact on the below mobile number for any enquiry:

Shri. Mahavir Ghongade
9870392223

Shri. Neeraj Pattath
9769767969

Bank details for payment are:
BANK NAME:
Canara Bank
ACCOUNT NAME: Mahaavir Ghongade
ACCOUNT NO:
110105879520
Account Branch:
Canara Bank, Malad East
IFSC CODE: CNRB0002695
UPI ID:
mahaavirghongade@cnrb

Please send the screenshot of the payment or details of payment to the mobile number 9870392223 for confirmation.

Prior registration is compulsory. The organizers reserve the right of admission.

Kindly Note: The registration amount you pay is only for the expenses of the hall rent, tea, snacks, lunch and more importantly the speakers are not soliciting business but rendering Honorarium Services Free of Cost.

Walk-in/gate crashers will not be permitted.

Kindly forward this message to those who may be interested.

Thank You

Realm of Law & Petition Group Foundation.

http://www.realmoflaw.com

http://www.petitiongroup.com

Transit rent from builders not taxable, clarifies High Court

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The Bombay High court recently clarified that transit rent received from builders during redevelopment projects is a revenue receipt and is therefore not taxable like normal rent.

A single bench of Justice Rajesh S Patil in an order clarifying the difference betweebn transit rent and rent, observed, “The ordinary meaning of rent would an amount which the tenant pays to the landlord. The term transit rent is commonly referred as “hardship allowance, rehabilitation allowance, displacement allowance” which is paid by the developer or landlord to the tenant who suffers hardship due to dispossession. The Court further stated, “Transit Rent is not to be considered as revenue receipt and is not liable to be taxed. As a result, there is no question of Tax Deducted at Source (TDS) from the
amount payable by the Developer to the member.

The order was passed on the plea filed a resident of Saigal House in South Mumbai, in dispute with the original landlord and the builder, who took up the building’s Redevelopment Project in 2017.

The petitioner, Sharafali Furniturewalla, was already in dispute with step brother over claim to the property after their father’s death. As a result, the builder deposited the transit rent in the Small Causes Court where the claim is being fought. On the issue of who will claim the transit rent, the petitioner approached the High Court, which allowed each brother to withdraw 50% of the amount which was nearly Rs. 1,35,000. However, the one who will lose the claim would have to deposit the money back with the Court with “interest and tax”. When the developer sought the claimants’ PAN and Aadhaar details for taxation, they petitioned for a clarification, when the Court said that transit rent cannot be taxed.

Courtesy : Free Press Journal

Solar Scheme and Incentives

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 The Govt. of India launched the National Portal for solar https://pmsuryaghar.gov.in/ on 30/07/2022 .

The PM Surya Ghar Muft Bijli Yojana aims at giving various subsidies for installation and commissioning of Solar Systems for households. So far, more than 1 Crore registrations have already been done for availing of various benefits under the scheme.

The following steps need to be followed to avail of the scheme:

Step 1

Register in the portal with the following

  • Select your State & Electricity Distribution Company
  • Enter your Electricity Consumer Number, Mobile Number & Email

Step 2

  • Login with Consumer Number & Mobile Number
  • Apply for the Rooftop Solar as per the form

Step 3

  • Once you get the feasibility approval, get the plant installed by any of the registered vendors in your DISCOM

Step 4

  • Once installation is completed , submit the plant details and apply for net meter

Step 5

  • Commissioning certificate will be generated from the portal, after installation of net meter and inspection by DISCOM

Step 6

  • Once you get the commissioning report. Submit the bank account details and a cancelled cheque through the portal. You will receive your subsidy in your bank account within 30 days.
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Section 138 cheque bouncing cases

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Section 138 cheque bouncing cases:

    Made simple to understand:  

    A complete Resource:  

I am excited to share the Resource I am developing about cheque bouncing cases. https://www.litigationplatform.com/Judgment/Index/60104591-fc87-4cd8-af8a- 26c08c5a9465

It is an organized compilation of HC and SC Rulings on all aspects of cheque bouncing Cases.

It will help in understanding the intricacies of criminal trial and might help in getting swift outcomes.

Regards, Sandeep Jalan Advocate