As per the Central GST Act there being no supply of goods within the meaning of the GST Act in a real estate transaction as ‘Goods’, as per Section 2 (52) include only movable properties.
Category: Authentic Legal Advice
‘Arbitration Clause’ – Its invocation and process
The process is not too tedious and is generally accepted by the court, thus, helping the parties to resolve disputes in a time bound manner.
Arbitration Award- Its Validity and Enforceability
Individuals and corporates have begun to opt for ‘Arbitration’ as the chosen mode for resolution of their disputes to avoid court delays and other legal hassles of court.
WORKING REPORT OF RERA AFTER ITS ENACTMENT
In the past five years of RERA, it has been successful to tackle the issues between the Home Buyers and Builders or Developers and providing transparency into the real-estate projects.
Rights and Duties of the Allottees
Neither the promoter nor the allottee can deny such rights & duties as mentioned in this article no matter what has been documented by the Builder or agreed by the Allottee.
Application Filing by the Home Buyers/Allottees under IBC, 2016
the interest of the allottees is protected and the survival of real estate companies and completion of projects is ensured. As the amendment in the IBC has brought much needed clarity and provided the much-needed right to the home buyers/allottee.
Banks are equally answerable to RERA: Supreme Court
the orders passed by Rajasthan RERA that the Bank after exercising their rights over the real estate project under Section 13 of the SARFAESI Act becomes the assignee of the builder and are amenable to the jurisdiction of the RERA Authority.
Resembling terms “Subsidy” and “Subvention” in Real Estate
“Subsidy” is a form of financial aid provided by the government. On the other hand, Subvention Scheme is a type of incentive provided by the developer of the project.
Position of home buyers in the case of Insolvency
The allottees are left helpless when the developers stands either insolvent or incapable of delivering the possession even after passage of years beyond the date of delivery.
Allottees can file joint (representative) complaint against builder if grievance is same?
If a buyer is dissatisfied with the RERA Authority’s judgement, he or she may file an individual appeal or a buyers’ group may file a collective appeal with the RERA Authority.
Rights of the borrower in case of harassments by the banks
If the debt recovery is based on erroneous information that led to the loss of your score, then you can file a defamation suit against the bank and recovery agency.
Arbitration over Litigation an advantage
The choice between ‘arbitration’ and ‘litigation’ is not one that can be made in a vacuum. Arbitration can and should be a flexible and efficient procedure for adjudicating disputes.
The sexual harassment of women at workplace (prevention, prohibition and redressal) Act 2013
The POSH Act is a gender-biased law enacted with the intention to fill the vacuum in the existing legislation by safeguarding the rights of women under Article 14, 15, and 21 of the Constitution of India.
Articles of Associstion
The Articles of Association of a company are the documents that specify the rules, regulations, and bye-laws governing the company’s internal management, as well as the conduct of its business, and are a vital document in the company’s life.
Allottees/Buyers must form group or association to counter the violations committed by the builders
All allottees approaching before these forums secure reliefs for them but the execution force is a bit low therefore they feel remediless even after winning a long legal battle. A better option which has come forward is where allottees come forward to form a group and then approach these forums.