Registration of properties in unauthorised colonies in Delhi delayed - Economic Times

NEW DELHI: Two months after making the announcement, Delhi government is yet to act on allowing sale and purchase of properties in over 300 unauthorised colonies on private land which were regularised along with 583 other such settlements.
While regularising 895 unauthorised colonies, Delhi government had, on September 6, set a time-frame of one month to grant sale and purchase of properties in 312 settlements that came up on private land.


Extending the provision will bring relief to lakhs of residents of the colonies as government had put the restriction after issuing provisional regularisation certificates to the colonies in 2008.

Lifting the restriction will also mean residents will be able to register properties in their names which may result in escalation of real estate rates in the city.

Chairing a meeting of the Task Force on unauthorised colonies, Chief Minister Sheila Dikshit had on September 26 directed the Urban Development department to provide relief to the residents of such colonies in a "day or two".

Sources said the government may not be able to fulfil the promise any time soon as the legal department has certain reservations in allowing sale and purchase in the colonies.

They said giving the relief to the residents without finalisation of the layout plans by the municipal corporation may create "legal" obstacles and the courts may even strike down such provision.

Moreover, the Revenue department has found it difficult to trace land records, particularly the khasra numbers of the plots in the colonies in which sale and purchase was sought to be allowed. Officials said lifting the restriction on colonies in government land may take years.

The city government has already asked the three BJP-ruled municipal corporations to finalise the layout plans of the colonies at the earliest so that government can facilitate basic facilities like schools and dispensaries.

The Delhi government had issued provisional regularisation certificates to over 1,639 unauthorised colonies ahead of Assembly polls in 2008. The then Dikshit government, while distributing the certificates, had promised to regularise the colonies if Congress came to power for the third term.

Internet-based system on anvil for property acquisition process: Kamal Nath - The Economic Times

The minister said that he had asked his officers in the Urban Development Ministry as to why people could not get the process done on the internet.

NEW DELHI: Efforts are on to create a system which would allow the conversion of leasehold properties into freehold over the internet, sparing people the pain of running from pillar to post, Urban Development MinisterKamal Nath said today.

"I am trying now, this is another problem which people have is how to change something from leasehold into freehold," Nath said while speaking at a function organised by the Indian Chamber of Commerce.

The minister said that he had asked his officers in the Urban Development Ministry as to why people could not get the process done on the internet.

"I asked them why should they come to office, come here go there and all this. It should all happen on the internet and the regulation, if you are following, a lot of people come, no problem but yet they are struggling. Going here, going there trying to convert leasehold into free hold," Nath said.

He said that his Ministry was now trying to find ways to ease this process and added these were the reforms that were needed to improve the mood in the country.

"I think these are the big ticket items which look very small but are real irritants and real impediments to the mood in the country. We are still functioning in some of the laws and regulatory framework which are pre-liberalisation (period)," Nath said.

"In Delhi, we have a multiplicity of organisations, the DDA, the MCD each one doing its own bit. I think that it where the focus should be. It's not FDI or big liberalisation or this or that...it is these items which need to be addressed by a series of measures," he added.

Indians prefer second-hand property: Study - Economic Times

Indians prefer second-hand property: Study - Economic Times:



MUMBAI: While buying a house, majority of the Indians prefer a ready-to-move property than new launches, a recent study has said.


"About 74 per cent home buyers across India are negotiating for a ready-to-move property," real estate market news portal Track2Realty's survey titled 'Home Buyer's Satisfaction Index' said.


The survey says out of the remaining 26 per cent, who opted for new launches for price discounts, as many as 82 per cent were now repenting their decision, mainly due to delays in the project completion.


The survey was conducted in Delhi, Mumbai, Kolkata, Bangalore, Kochi, Ahmedabad, Chennai and Patna.


About 68 per cent of buyers prefer ready-to-move property because they could avail of tax benefits only after getting the possession of the house, it says.


"Saving tax on the EMIs is one of the big reasons why eight out of 10 plan their house buying," it points out.


Around 92 per cent of the respondents agreed that buying under-construction property makes them suffer double blow of paying rent and EMI and not getting any tax benefit.


Nearly 52 per cent were ready to pay slightly more for a ready-to-move property because they wanted to make sure who their neighbours would be and the overall community profile.


Delay in the delivery was cited as a major reason by almost 92 per cent buyers for reluctance to book a new launch.


Faulty design or construction scares 70 per cent of home buyers, who opted for "you get what you see" projects.


"About 78 per cent say they have not got what was showcased as the sample flat," the survey adds. Around 72 per cent respondents complained about developers passing off cafeterias as "clubs" and under-equipped gyms.


Also, 72 per cent were scared of going to consumer courts and face the legal hassles.


More than 62 per cent, therefore, said they preferred to settle for a flat in the secondary market.

'Maintenance law being abused by greedy persons' - Hindustan Times

A benevolent law, enabling needy and deserted women, kids and parents to seek maintenance, is often being abused by "greedy" persons for settling personal scores, the Delhi high court has said. 

The court made the observation while dwelling upon the provisions of section 125 of Code of 
Criminal Procedure which enables women, kids and parents, deserted by their near and dear ones and have no means to sustain themselves, to seek maintenance.


"This section is designed to help the needy and not the greedy. It is not meant for settling the personal scores, but it is experienced that it is often being misused and the present case is an instance," Justice ML Mehta said, adding that it was a "benevolent" law and should not be abused by deserted persons having sufficient means to live.


The court made the remark in its verdict on a petition by a Delhi-based elderly woman seeking enhancement of maintenance amount from her "retired and ailing" husband.


The woman, in her plea, had also sought maintenance from her two sons, living in Australia and Mumbai respectively.


"This is a case of really one of the unfortunate family of scattered members. All the four members are living their independent lives," the court said.


Upholding the lower court's order, Justice Mehta asked the husband to pay Rs. 4,500 per month to her as maintenance.


"In addition, she would be entitled to maintenance of 100 Australian Dollars from her son living in Australia and Rs. 1500 per month from her son living in Mumbai," it said. In addition, the woman, who also owns a house in Mumbai, was allowed to get Rs. 5,000 from her estranged husband who has let out a floor of their three-storied house here for a monthly rent of Rs. 10,000.


Discussing the conduct of the woman, the court said, "here is a lady who owns a house at Mumbai, but is neither prepared to let it out on rent nor give it to her son who is living at the mercy of his sister and sometimes, in some rented house at Mumbai".


It said the woman, who knows that her husband is a retired and ailing person, lied about his income.


Earlier, a magisterial court had held "she was capable of maintaining herself."

This is daylight robbery : North, News - India Today

This is daylight robbery : North, News - India Today:

A yet to be tabled Comptroller and Auditor General's (CAG) report has once again blown the lid off the massive loot of public property in the name of development.

This case relates to the modernisation of the Delhi airport by the Airports Authority of India (AAI) and Delhi International Airport Ltd (DIAL) joint venture. The incredibly sweet deal that DIAL got, included the provision of nearly 5,000 acres of land for an annual lease rent ofRs.100 for a period of 60 years.

As part of the deal, AAI permitted DIAL to utilise 5 per cent of the land for commercial purposes. A consultancy firm has worked out the valuation of the land atRs.100 per acre which would peg the total current value atRs.24,000 crore.

The CAG has pointed out that of theRs.12,502 crore capital expenditure, DIAL has contributed 19 per cent, while 54 per cent has come from loans and security deposits, and as much as 27 per cent was generated through airport development fees that the passengers have been paying. The auditor has noted that the original deal had not mentioned that part of the cost would be raised through such fees.

The decision to modernise the airport and the policy decisions related to it were taken by the Union Cabinet and an empowered group of ministers and approved by the Supreme Court.

At Rs. 10 per hour, Connaught Place gets its first multi-level parking lot - Hindustan Times

Connaught Place on Tuesday got its first automatic multi-level parking that will provide space for 1,408 cars, easing congestion in the business district of the Capital. The parking located at Baba Kharak Singh Marg will charge Rs. 10 per hour per car. To encourage people to actually use the facility, chief minister Sheila Dikshit asked the nodal agency New Delhi Municipal Corporation (NDMC) to start a shuttle service immediately between the parking lot and the market."The NDMC should provide free travel services so that commuters do not have to walk all the way to CP," Dikshit said.


While cars took longer than the touted three minutes to be retrieved, home minister P Chidambaram said whenever new technology is introduced, there is a period of 'trial and error'. 


"We must factor the trial and error aspect of the technologies and be proud of the fact that Indian engineers and companies have designed and implemented the projects," Chidambaram said.


Referring to the glitches being reported at a similar automatic multi-level parking at Sarojini Nagar market, the Home Minister added that the systems are constantly 
improving.


"When the Sarojini Nagar parking was started, retrieval time of cars was 10 minutes as opposed to the hyped 3 minutes. However through continuous trials, it has been reduced to 4-5 minutes in recent times and the retrieval time will go down further in days to come," he said.


Named 'Capitol Point', the project at BKS Marg has been built by DLF on BoT basis. The system functions like a Rubik's Cube, where through a continuous space shift, parking and fetching a car can be realised through pallets. The pallets move forward, backward, left and right to allow the cars to be moved towards the lift for retrieval.


Officials say automated car park facility require less building volume and ground space, as compared to conventional parking lots. The first two floors will be rented out for commercial usage.

Colony markets to be converted into malls - Hindustan Times

Soon, South Delhi residents will have more shopping options. The South Delhi Municipal Corporation (SDMC) has proposed to convert four colony markets into shopping malls, complete with showrooms, eateries and parking slots. The corporation has identified four spots — Mehr Chand Market and Soon, South Delhi residents will have more shopping options. The South Delhi Municipal Corporation (SDMC) has proposed to convert four colony markets into shopping malls, complete with showrooms, eateries and parking slots. The corporation has identified four spots — Mehr Chand Market and markets in Vasant Vihar, MB Road and Pushp Vihar — for redevelopment.


All the markets are located in posh areas and will meet the requirements of residents who won't have to travel to far areas for shopping, officials said.


The proposal was discussed at a meeting presided by commissioner Manish Gupta.


Officials said there are 122 shops in South Delhi that are either unoccupied or are in a bad condition. A majority of these shops are located in the four markets.


"Instead of wasting prime land, the corporation plans to utilise the space and build malls," said a senior SDMC official.


After the malls are built, the shops will be rented out after a bidding procedure.


A senior official said the corporation will also survey vacant plots to put them to commercial use or to provide civic amenities.


"Majority of vacant land will be commercially used but a few will be used to construct community halls, parks and municipal schools," said a senior official.


In the four colony markets, most shops are on lease. As the property still belongs to the SDMC, it wants to use it before the properties are converted into freehold.


Earlier, the unified MCD had planned to renovate the markets. But after the split, the SDMC believes turning them into malls will be more beneficial.


"Building malls means more underground parking facilities and more revenue for the corporation," said an official.


The SDMC will survey the four markets and come up with a feasibility report. Approval of shopkeepers will also be taken.

Landlord must repair tenant’s home: Court - Hindustan Times

Landlords are duty-bound to maintain premises rented out to tenants in a good habitable condition as the Delhi Rent Control Act mandates them to do so, a city court has said. 

Directing a landlord to carry out the repair work within two weeks, senior Civil Judge Anil Kumar Sisodia said, “Section 44 of the Delhi Rent Control Act casts a duty on the landlord to maintain the tenanted premises in good habitable condition.”


North East Delhi resident Waheed Ahmed had moved court, seeking directions to his landlord to carry out the repairs of the tenanted premises comprising a room, a restroom and a balcony. The court, after examining  photographs of the  premises, noticed signs of seepage from the roof during the rainy season as the landlord had broken the roof of an adjacent room.


Other photographs showed that the tenanted premises did not have any bolt or locking mechanism. The court asked the landlord to carry out the repairs of the tenanted premises, remove the debris, install locking system. 

MCD making stilt parking provision mandatory for big plots, IBN Live News

New Delhi, May 19 (PTI) Residents of the national capital will now have to keep a provision for developing parking space at ground level for getting sanction of building plans on plots measuring more than 100 square metres. Following a direction from the Lt Governor, the Municipal Corporation of Delhi has issued a circular in this regard. According to it, keeping provision of stilt parking (ground level parking) has been made mandatory for residential plots of more than 100 sq metres and up to 1000 sq metres.Without this, the building plans will not be sanctioned. The sizes of the plot will determine the parking space that has to be created. For a plot measuring 100 square metres, two equivalent car spaces will have to be developed. Owners will have to comply and submit an affidavit to this effect, officials said. There is also a proposal to make the owners deposit a specified sum in a bank as a guarantee, to ensure that they do not cover the designated parking space after getting the building plan cleared.

Woman has right of residence where husband lives: HC - Indian Express

Granting supremacy to the right of residence of women under the Protection of Women from Domestic Violence Act, the Delhi High Court has held that a woman can never be charged with trespass if she insists on staying with her husband in a house taken on rent.

Coming to the rescue of a woman against whom an FIR for trespass was lodged on the directives of trial courts, Justice Suresh Kait said that prosecuting a woman for attempting to reside with her husband in the same house would defeat the objectives of the law.


“In my opinion, the court cannot ask the aggrieved person to vacate the house, although the house may be on rent. She also cannot be directed to vacate the house without due process of law. The second direction of the (trial) court to register a case against the aggrieved person on not vacating the house of her husband is not only bad in law but is also against the mandate of the Act,” he said.


Justice Suresh Kait noted that a woman’s right to reside with her husband did not depend on the fact whether the latter stayed in an ancestral or an owned house or a property hired on rent.


“The petitioner (woman), being legally wedded wife, has a right to live with the husband whether he lives in an ancestral house or self-acquired house or rented house. Therefore, if the respondent (husband) does not allow the aggrieved person then by taking shelter of the court, the magistrate may pass the order so that she may enter the house or she would not be thrown out from the house of her husband without due process of law,” the court ruled.


Quashing the FIR lodged against the woman at the Defence Colony police station, the court relied on a Supreme Court judgment that stated: “The Domestic Violence Act provides for a higher right in favour of a wife. She not only acquires a right to be maintained but also thereunder acquires a right of residence. The right of residence is a higher right. The said right as per the legislation extends to joint properties in which the husband has a share...”


Justice Kait subsequently allowed the woman’s petitions filed through senior advocate Vikas Pahwa and set aside the filing of the FIR and the trial court’s orders against her.


The woman, married for the last 37 years, had moved a magisterial court in September 2010 under the Domestic Violence Act. She claimed that while her husband, in collusion with the landlord of the house, got the property vacated but when she got to know about the man renting another house, she also moved into the house with the help of a Protection Officer.


But citing a memorandum of understanding, which the woman claimed had been fraudulently executed, the magisterial court and a sessions court held that she could not stay in the house anymore. On her failure to vacate it, an FIR was ordered to be lodged against her.

At this eatery, it's a free for all - Forbes India -

All Ajay Jain wanted was for people to buy his photographs. Though he was an engineer and an MBA and had worked in various industries ranging from IT to media, his passion lay in travel and photography.

But he was not able to sell enough of his pictures through exhibitions. So he started a gallery and started marketing it online. Yet, nothing really worked. That’s when the 41-year-old decided to transform the gallery in South Delhi’s Hauz Khas Village into a café with wi-fi, coffee, tea and cookies. The attraction was that all of it was free. Customers could just put whatever they felt like in a small box kept at the entrance of the tiny hangout with a dozen tables of different sizes and shapes. The box was kept in such a way that no one could see who was putting what in.

“I have got everything from a torn Rs 5 note to Rs 500 and dollar and euro bills,” says Jain.

The idea worked as more and more people came visiting and brand Kunzum began to gain popularity, both online and offline.

Kunzum Travel Café is four years old now and gets about 100 customers on a typical week day. The number swells to almost 200 during the weekend.

The “treasure box” at the entrance gets an average Rs 50 per cup of coffee or tea that Kunzum serves.

“The money covers my overhead costs that include staff salaries and electricity bills,” says Jain who bought the space three years ago.

Along with books and photos, he now has added more revenue streams - advertisements inside the café, ‘specialised’ travel services and events like book readings and movie screenings that can bring Rs 6,000 for a two-hour booking.

While Jain admits that he initially discouraged backpackers “who would laze around the whole day doing nothing”, his clientele has since filtered itself. Today his average customer is a well-to-do professional in the 20-40 year age bracket, loves travelling and alternative cinema (most of the movies screened at Kunzum fall into this category) and most importantly, has a conscience.

“I usually pay about Rs 100 to Rs 150 every time I visit Kunzum,” says Abhinav Maker, a 27-year-old lawyer who likes the cafe for its “homely feel”. In the one-off time that he didn’t pay, a “guilty-feeling” made Maker go back to Kunzum and compensate for “not being good”.

Martin Spann calls this the “social norm” reason that drives consumers to pay even if they can get away without shelling out money. In his study with colleagues Ju-Young Kim and Martin Natter - Pay What You Want: A New Participative Pricing Mechanism - the economist found that customers also paid “because they don’t want the business, which they like, to close down”. This, says the professor at University of Munich, is the “strategic reason”.

Jain is not the first one to bet on the honesty of customers to build a business and brand. In July 2007, musician Prince was initially ridiculed when he gave away copies of his album Planet Earth for free. But the ridicule turned to admiration when his 21 concert dates were sold out.

In similar success stories, in 2010 Humble Indie Bundle, a video game was distributed using the “pay-as-you-wish” model, raising USD 11 million in revenues. The success helped it raise USD 4.7 million from venture capital firm Sequoia Capital.

In India, the Annalakshmi food chain has for 26 years let its customers decide the bill in most of its outlets. But with volunteers as waiters and kitchen help, the hotel chain works on a not-for-profit model. Internationally, though, many food outlets, including Lentil As Anything in Australia and One World Café in the US have used pay-as-you-wish as a successful business model.

But traditionally, a business like Jain’s is limited by its inability to scale, says Devangshu Dutta of consulting firm Third Eyesight.

Adds Saloni Nangis of Technopak: “A few formats which are targeted at the premium niche audience would be fine, but extending this to a broad consumer base would be a challenge.”

Jain has been lucky until now. Hauz Khas Village, with its fashion studios and art galleries, attracts exactly the kind of crowd that Kunzum targets. More importantly, the café is surrounded by an affluent South Delhi neighbourhood.

The Kunzum community has 25,000 members across Facebook and Twitter, and includes subscribers to Jain’s online newsletter.

“It is a profitable business and am hoping to reach Rs 1 crore in revenue at the end of this year,” adds Jain. He is in the middle of developing travel-content applications that will be available on Kindle and iPad. That’s easy. The tricky part is scaling up. Jain is planning cafes in Gurgaon and Bangalore where rents are higher.

He says he has money stashed away to open more outlets but wants to perfect a business model that will survive on rental space. He is incubating a bigger play in travel services to be hosted from the café. “There are a lot of niche travel products that the mainstream travel companies don’t provide and we want to fill that gap,” says Jain.

He is also on the verge of franchising the Kunzum brand, with the first franchisee outlet expected to come up in Connaught Place, the popular shopping destination in the capital. That is perhaps the biggest asset that Jain has built by doling out coffee and cookies - the Kunzum brand.

'Rickshaw Bank' concept changes lives of thousands of pullers - Economic Times

'Rickshaw Bank' concept changes lives of thousands of pullers

Amit Shanbaug, ET Bureau May 2, 2012, 08.01PM ISTIt was just a ride in a cycle rickshaw that moved an Assam based veterinary surgeon, Dr Pradip Kumar Sarmah and got him thinking into setting up the concept of 'Rickshaw Bank'. The concept today has changed the lives of more than 10000 rickshaw pullers in six states in India.

Dr Pradip Kumar Sarmah (47), the innovator of this concept, explained that majority of the rickshaw pullers drive rented rickshaws as they have no access to banks and end paying the cost of the rickshaw many times over.

"Once when I traveling by one such rickshaw in Guwahati, I struck a conversation with the rickshaw puller, who told me that even after 16 years, he did not own his vehicle and hired the rickshaw at a daily rate of Rs 25. After paying the rent, the man was left with barely Rs 50. I was disturbed with the story of the person as with the rent he had paid, he could have owned the rickshaw many times over," he said.

Sarmah informed that after surveying about 300 rickshaw-pullers in Guwahati, he found that over 95 per cent shared similar plight. He pointed out that there are about 70,000 rickshaws in Guwahati, and over ten million rickshaws in India.

"In India, Banks provide loans for purchasing any kind of vehicle except a cycle rickshaw. The common reason was that most of the pullers were migrants," he said.

It took in nearly a year and half for Sarmah to come with a solution to help in the rickshaw pullers as paucity of funds was the major issue.

He informed that during his student days at the Assam Agricultural University, they had raised money for journals from companies by getting advertisements

"We decided to go for a similar approach and decided that the rickshaws could display the company advertisements which could reach thousands of consumers. I had a friend in the IIT- Guwahati's design department, who designed a rickshaw with large exteriors which could display the company advertisements for us," he said.

They then approached a lot of companies and the response which they got was very good. "Oil and Natural Gas Corporation (ONGC), Indian Oil Corporation ( IOC) and Hindustan Unilever Limited were the three companies which decided to sponsor for the advertisements. We received around Rs 7 lakhs from each of the companies which was around Rs 7000 per rickshaw for a period of 3 years," he said.

"Today even banks have come forward to help us out. We have replicated the project in other places too like Agartala, Surat and Chennai. In the last couple of years more than 6000 people have benefited from the Rickshaw bank project," he said.

"We even provide an insurance cover for Rs 9,000 for the rickshaw, Rs 50,000 for the driver against injury or death, and a third party insurance of Rs 10,000 each for the passengers. It also gives those uniform, shoes, licenses, a photo identity card and related training," he said.

Dr Sarmah informed that Centre for Rural Development (CRD), his Guwahati based non-government organization has different models in different states. "We have developed 7 to 8 different concepts like the 'Momo card', vegetable cart, and fast food cart based on the requirement in different states. The concept is the same, the pullers pay the rent and after a certain time frame the ownership is transferred," he said.

He informed that in Punjab, where they have initiated the concept, Punjab National Bank (PNB) has come out with its own scheme to finance rickshaws. "The concepts in different states are been implemented on a standalone basis with the help of local NGO's.

Speaking on his future plans, Sarmah informed that they have come out with a pilot concept called ' Soleckshaw'- which is a solar powered rickshaw in Delhi. "This was developed along with the Centre for Science and Research and would cost around Rs 30000. This concept once fully implemented would help in the reduction of pollution and also reduce the consumption of fuels like petrol and diesel," he said.

Sarmah, who was recently invited to present his case study to Harvard Business School and also MIT (Massachusetts Institute of Technology), stated that financial rickshaw pullers could become a huge business opportunity.

"With nearly 10 million rickshaw pullers in the country and an average loan size of Rs 8000 to Rs 10000 per puller, imagine the magnitude of business any financial institution can generate though it," he added.

Realty tips: Builder floors good option for independent living - Business Today

Realty tips: Builder floors good option for independent living - Business Today:

Skyscrapers inspire awe and make their creators and occupants proud. But not everyone wants to live in tall buildings. On the other hand, independent villas are expensive. Builder floors offer a middle path.

Owners can use the builder floor concept to expand or renovate their houses as well as unlock a part of the capital value of their properties.

LIFESTYLE MATTERS
A builder floor apartment is a residential unit in a low-rise independent building that has a few other flats. The number of floors is generally two-four.

Such a floor can be developed by the builder on its own or in collaboration with the land owner. It is a section of a villa.

Buying a builder floor, say experts, is a lifestyle decision. 

SPECIAL: How to win a good property deal 

"There is an aspirational aspect to builder floors. There are people who want independent living space and do not want to be part of group housing," says Om Ahuja, chief executive officer (residential services), Jones Lang LaSalle, a real estate brokerage.

However, builder floors have drawbacks. They do not have facilities such as gymnasium, swimming pool, security and power back-up that a number of modern society apartments have. 

Some realty companies which are well recognised (at least in the area where they work) also develop builder floors.

OM AHUJA

CEO (Residential Services), Jones Lang LaSalle

Also, the residents have to share the maintenance burden as, unlike in high-rise society apartments with tens of flats, there is no separate team for the building's upkeep. Though this means you do not have to pay any maintenance fee either.

LOCAL FLAVOUR
Builder floor apartments are popular in places such as Delhi-National Capital Region, Chennai, Bangalore and Hyderabad. In locations like Mumbai, high land cost makes low-rise apartments less feasible .

Most builder floors are usually developed by small local real estate players, often in collaboration with land owners, with the two sharing equity. Generally, the builder puts in money for development, while the owner contributes land.

As land prices account for 80-90 per cent cost of a property in metro cities, the builder gets one out of four floors. In non-metros, due to lower land costs, the builder gets a bigger pie of the property.

In some cases, builder floors are made by redeveloping an existing structure. The original owner may add more floors (on his own or in collaboration with a builder) and sell them.

SPECIAL: Buy realty before launch, get discountIf the builder floor you are buying has been developed in collaboration with a developer, the transaction involves a tripartite agreement involving you, the land owner and the builder.

Most developers of builder floors are individuals or small companies. "Some firms which are well recognised (at least in the area where they work) also develop builder floors," says Ahuja.

SALE PACKAGE
Builder floors usually come with proportionate freehold ownership of the plot. A lease, usually for 99 years, is also an option. It all depends on terms the buyer and seller agree to.

Like any property, sale of a builder floor should be registered with the local registration office after payment of duty. If the law does not allow registration of builder floors in the area where you want to buy, do not go ahead with the deal.

In some cases, sale is executed through a memorandum of understanding between the buyer and the owner who has a clear title but is yet to get the right to transfer the title.

{table}"When a builder floor is bought, a memorandum of understanding is signed between the buyer and the landlord as compared with registration in case of regular apartments," says Vineet Singh, business head, 99acres.com, a real estate portal.

Many builder floors are available for sale through power of attorney without registration of the sale deed. In October 2011, the Supreme Court ruled that any property sale on power of attorney has no legal sanctity and immovable property can be sold or transferred only through registered deeds. 

Power of attorney is a legal contract that gives the holder the right to maintain, rent, lease, mortgage or sell a property on behalf of the owner. It does not transfer ownership rights. 

Properties sold through power of attorney are not eligible for home loans from banks. So, properties which cannot be transferred through registered sale deeds should be avoided.

CONCRETE STEP
Due diligence is a must. You can start from the title of the property, which can be confirmed in the local registrar's office. The building plan should have been approved and the floor area ratio (FAR) should be within the limit for the area, as specified by the government authorities concerned.

FAR is the ratio of constructed floor area to the size of the plot. You should also check that the property does not violate any municipal norm, including restrictions on construction and land use.

Completion and occupancy certificates show the property does not violate any local development rule. These are also required for electricity and water connections. A builder cannot offer possession without the occupation certificate.

The building's age is as important as its construction quality. You can hire a property surveyor to get an idea about construction quality.

"Each flat should have separate facilities such as electricity and water connections to avoid disputes among the occupants," says Singh of 99acres.com.

If the builder apartment is being sold by an existing occupant, take care to check if he has cleared all municipal, water and power dues.

CASH BACK
Builder floors are not just for buyers. If you own an independent house which has to be renovated or expanded, you can do that without shelling out a penny. You can also use this route to unlock the value of your residential property-both land and house-and generate some cash.

"Most builder floors within city limits in metros such as Delhi are redevelopment projects undertaken by builders. Sellers with old houses see it as a profitable venture," says Manish Mehta, vice president, IndiaHomes, a property brokerage.

Whether you plan to buy a builder floor for its affordability or your lifestyle preference, you need to tread with caution. Seek advice from a lawyer who specialises in real estate deals and an architect or property surveyor. For starters, buy a measuring tape and check the built-up and carpet area of the property yourself. Play safe!

---

QUICK CHECK

> Verify the reputation and track record of the builder and the broker
> Check property title in local courts and land record office
> Enquire the circle rate (base price) for properties in the locality
> Find the prices of similar builder floors in the vicinity
> Consult multiple builders or brokers for better clarity on rates

COMMON COMPLAINTS
A builder floor needs to be thoroughly inspected by an expert so that you do not end up with a long list of problems -

> Seepage in terrace and walls
> Unfinished paint work
> Sub-standard flooring
> Poor construction quality
> Inferior quality plumbing and electrical wiring
> Faulty doors, window frames and grills
> Area of the plot, apartment not the same as promised during negotiations
> Balconies and other structures encroaching on public property

BENEFITS OF BUILDER FLOORS

> Affordable independent house
> Freedom from paying maintenance and other charges applicable in apartments
> Option to buy a builder floor apartment in well developed localities
> Existing land or house owners can have their properties developed without having to spend any money

CHALLENGES OF BUILDER FLOORS

> Absence of reputed developers
> Buyers must undertake all the due diligence with help of professionals
> Risk of poor construction quality
> Delivered property might not be same as promised by the developer
> Lack of facilities such as swimming pools, parking, power back-up and security
> Maintenance of building and premises has to be done by the occupants

‘Public service work no ground for non revision of rent`

‘Public service work no ground for non revision of rent`:

New Delhi: One cannot be denied rent hike of one’s' premises, hired by the government, on the ground that the same is being used for a public service, a Delhi court has ruled, while asking the postal department to pay Rs 7 lakh as damages to a woman for refusing to revise the rent.

Additional District Judge Man Mohan Sharma gave the ruling on a civil suit by one Kanta Devi, a Delhi resident against the postal department seeking recovery of rent at hiked rates.

The postal department had opposed her plea saying it had hired the premises for providing public services and not for any profit making enterprise. It said "the public would be deprived of the utility services if the suit is of the plaintiff is decreed".


 The court, however, rejected the postal department's plea saying there was no law that provides for differential treatment for those providing public utility service.

"If defendants (postal department) have chosen to retain the possession of the suit property despite being put to notice as to the claim of damages, it has done so at its own risk and peril.

"No law has been cited before me that the defendants have to be afforded a different treatment than others for reason that the defendant carries on the business of essential public services," the court said.

"As the defendants continued to retain the possession of the suit property despite determination of lease and the quit notice, their possession is unauthorised thus liable to the mesne profits (damages)," the judge added.

KantaDevi had told the court that she had entered into an agreement in 2001 for a period of five years with the postal department to give her premises to it to run a Post Office at a monthly rent of Rs 5,100.

The court was informed that the premise was rented to post office since 1954, when the rent was only Rs 204 and the lease was renewed after regular intervals.

After the termination of lease in 2006, the woman sought revised tariff and sought Rs 60,000 per month citing that her neighbour was charging Rs one lakh from a bank.

The postal department, however, neither vacated the 600 square feet space nor revised the tariff, prompting her to seek legal remedy.

The court calculated the damages by taking the tariff as Rs 42 per square feet from October 2006 to May 2008 turning out as Rs 27,720 per month and further at Rs 48 from May 2008 on wards amounting to Rs 31,680 per month.

PTI

दिल्ली में हर दसवां मकान खाली - Indian Real Estate Forum - www.indianrealestateforum.com

दिल्ली में हर दसवां मकान खाली - Indian Real Estate Forum - www.indianrealestateforum.com:

दिल्ली में हर दसवां मकान खाली

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एक रिपोर्ट के मुताबिक दिल्ली में 11 लाख 30 हजार आवासों की कमी है, लेकिन जनगणना निदेशालय का आंकड़ा कुछ और कह रहा है। वर्ष 2011 के आंकड़ों के मुताबिक दिल्ली में हर दसवां भवन खाली है। आंकड़ों से पता चलता है कि करीब 1.37 लाख घरों में प्रत्येक में एक ही छत के नीचे तीन या इससे अधिक युगल गुजर-बसर करते हैं। शहर के दो लाख मकानों में एक ही घर में नौ लोग साथ-साथ रहते हैं। दूसरी ओर 59.3 इलाके में ही पाइप सीवरेज की व्यवस्था है। यानी लगभग 40 घरों में सीवरेज की व्यवस्था नहीं है। 10.5 फीसदी घरों में शौचालय की व्यवस्था नहीं है। नौ फीसदी घरों में नहाने की व्यवस्था नहीं है। दिल्ली के लिए सोमवार को जारी जनगणना निदेशालय ने आंकड़ों के मुताबिक शहर में 33,40,538 मकानों में से 25.6 फीसदी में छह से आठ सदस्य एक ही छत के नीचे रहते हैं। छह फीसदी घरों(करीब दो लाख) में नौ लोग रहते हैं। आंकड़ों के मुताबिक 3.7 फीसदी घरों में केवल एक व्यक्ति रहते हैं, जबकि 7.6 फीसदी घरों में दो लोग और 12.8 फीसदी घरों में तीन लोग रहते हैं। 24 फीसदी घरों में चार सदस्य हैं। 20.4 फीसदी घरों में सदस्यों की संख्या पांच है। आंकड़ों से पता चलता है कि 32.2 फीसदी मकानों में केवल एक कमरा है, जबकि 29.6 फीसदी में दो कमरे और 20 फीसदी आवासों में तीन कमरे हैं। 36 फीसदी बढ़ी मकानों की संख्या : जनगणना 2011 के मुताबिक दिल्ली में मकानों की संख्या पिछले दस सालों के मुकाबले काफी बढ़ गई है। वर्ष 2001 के मुकाबले वर्ष 2011 में भवनों की संख्या में 36 फीसदी वृद्धि हुई है, इनमें रिहाइशी घरों की संख्या में 31 फीसदी का इजाफा है। दिल्ली में अच्छे मकानों की संख्या में भी वृद्धि हुई है। वर्ष 2001 मेच् अच्छे घरों की संख्या 58 फीसद थी, जो 2011 में 65.8 फीसदी दर्ज की गई, जबकिच्कच्चे मकानों की संख्या 2001 में 3.3 फीसदी थी जो घट कर 1.2 फीसदी रह गई। बिना संपत्ति वाले मकानों की संख्या घटी : ऐसे मकान जहां रेडियो, टेलीविजन, लैंडलाइन या मोबाइल फोन, बैंक सेवा, साइकिल, स्कूटर या कार नहीं हो, उनकी भी संख्या कम हुई है। वर्ष 2001 में ऐसे मकानों की संख्या 14.1 फीसरी थी, जो वर्ष 2011 में 2.9 फीसदी पहुंच गई। 68 फीसदी लोगों के पास मकान : 2011 की गणना के मुताबिक राजधानी में 68.2 फीसदी लोगों के पास अपना मकान है। हालांकि वर्ष 2001 में 67.1 फीसदी लोगों के पास अपना मकान था। किराये पर रहने वालों की संख्या 28.2 फीसदी है, वर्ष 2001 में इनकी संख्या 25.6 फीसदी थी। एक कमरे वाले मकान घटे : राजधानी में वर्ष 2001 में एक कमरे वाले भवनों की संख्या 38 फीसदी थी जो दस साल में घट कर 32.2 फीसदी पहुंच गई। दो कमरों वाले भवनों की संख्या 27 से बढ़ कर 29 फीसदी, तीन कमरे वाले भवनों की संख्या 18 से बढ़ कर 20 फीसदी, चार कमरे वालों की संख्या 9 से बढ़ कर 10.4 फीसदी पहुंच गई। छह कमरे वाले भवनों की संख्या 4.1 से घटकर 3.5 फीसदी हो गई। बढ़ गए फोन यूजर : वर्ष 2001 में दिल्ली में 34.2 फीसदी लोग फोन का इस्तेमाल करते थे, जबकि वर्ष 2011 में 90.8 फीसदी लोग फोन का इस्तेमाल करते हैं। दिल्ली में लैंड लाइन व मोबाइल फोन का इस्तेमाल करने वाले घरों की संख्या 30 लाख 31 हजार है। 20 फीसदी घरों में कारें : दिल्ली में लगभग 20.7 फीसदी घरों में कारें हैं। दिल्ली जनगणना निदेशक वर्षा जोशी के मुताबिक 6 लाख 92 हजार 279 घरों में कार या जीप हैं। इसी तरह 10 लाख 22 हजार घरों (30.6 फीसदी) में साइकिल व 12 लाख 98 हजार घरों में (38.9 फीसदी) स्कूटर या बाइक हैं। वर्ष 2001 में मात्र 13 फीसदी घरों में कार व 28 फीसदी घरों में स्कूटर-बाइक थी। दिलचस्प यह कि 37 फीसदी लोगों के पास कोई परिवहन साधन नहीं है। रेडियो घटे, टीवी बढ़े : वर्ष 2001 में लगभग 50 फीसदी घरों में रेडियो था, वर्ष 2011 में घट कर 33 फीसदी पहुंच गया, लेकिन टेलीविजन की संख्या बढ़ी। वर्ष 2001 में 74.5 फीसदी घरों में टेलीविजन था, जबकि वर्ष 2011 में 88 फीसदी पहुंच गया। मगर इंटरनेट यूजर कम : दिल्ली के 99 फीसदी से अधिक शहरीकृत दिल्ली में अभी भी 17 फीसदी घरों में इंटरनेट इस्तेमाल होता है, जबकि 29 फीसदी घरों में कंप्यूटर या लैपटाप है।

-Dainik jagran