Fwd: Draft -Agreement for Sale -Gazette Notified on 07-012020 for Public Suggestions and Comments.
Ajit Naik
Dear All,
From: Ajit Naik <ajit....@gmail.com>
Date: Sat, 18 Jan 2020 at 06:28
Subject: Draft -Agreement for Sale -Gazette Notified on 07-012020 for Public Suggestions and Comments.
To: <prsho...@gmail.com>, <prs-h...@karnataka.gov.in>, <info...@karnataka.gov.in>, <reraka...@gmail.com>, <c...@karnataka.gov.in>, ACS UDD <acsudd...@gmail.com>
Ajit Naik
Subject: Re: Draft -Agreement for Sale -Gazette Notified on 07-012020 for Public Suggestions and Comments.
To: <prsho...@gmail.com>, <prs-h...@karnataka.gov.in>, <info...@karnataka.gov.in>, <reraka...@gmail.com>, <c...@karnataka.gov.in>, ACS UDD <acsudd...@gmail.com>, Vishunuvardhana Reddy Reddy <member...@ka.gov.in>, <member...@ka.gov.in>, latha kumari <lathaku...@gmail.com>, Palakshappa K <kpalaksh...@gmail.com>
Sir in the above situation, I will be compelled to move to the Hon'ble High Court of Karnataka with a writ petition for getting justice to lakhs of Homebuyers.
This is the repeat notice to the Government of Karnataka Authorities responsible for implementing various acts related to the Real Estate Development Activities. business and sale of the units like apartment/plot and buildings.
I shall be grateful to you if you all go through the contents of the Attached Note on Agreement for Sale which needs further improvements by renotifying the same in the Gazette. All the adverse provisions can be easily contested in the Hon'ble High Court of Karnataka.
With Regards,
Ajit N. Naik
Ajit Naik
From: Ajit Naik <ajit....@gmail.com>
Date: Mon, 13 Jul 2020 at 19:43
Subject: Re: Draft -Agreement for Sale -Gazette Notified on 07-012020 for Public Suggestions and Comments.
Dear All Members,
With the Active involvement of Shri Anil Sati ji, Architect, we have received sufficient information on Apartment/Apartment Building/Apartment Project with respect to:(a) SUPER AREA or also called as SUPER BUILT UP AREA of an Apartment (in short- SBUA), (b) BUILT UP AREA(c) Floor Area Ratio(d) Floor Area of the Apartment Project(e) Floor Area of the Apartment
I thank Shri Anil Sati ji for his active involvement in our discussions. The discussion going here is not to negate any of the information given by the participants/Activists/Professionals. It is only a discussion to see that in the changed scenario of RERA implementation, so that all stakeholders get justice of the RERA Act.
Basically, RERA legislation itself is for removing various shortcomings in implementation of various laws connected with real estate activity (nearly 25 laws) by (a) various departments of the Government of Karnataka, Promoters/Developers, Purchasers (Allottees), other Stakeholders organisations like (a) Electricity Boards like BESCOM (b) Water, Drainage and Sewage Boards like BWSSB (c) State and Central Pollution Control Boards and (d) Firefighting Authorities and (e) many such other organisations which have a role/control on real estate development activities and (f) various Professionals involved in planning of the Real Estate Projects with relation to (1) Development/Construction Activities of the Real Estate Projects of different kinds (2) Marketing and Sale of end-units of the Real Estate Projects to the Prospective Purchasers-(Allottees) (3) Conveyance of end-units to the Allottees after obtaining (a) Occupation Certificate with respect to projects of Apartment and Buildings and (b) Completion Certificate of the Project of plots developed in Layouts (4) Formation and Registration of Association of Allottees of the Project for maintenance of Common Areas and common facilities in the Project as per suitable local laws (5) Conveyance of the title of Common Area Project Land and immovable embedded assets in the project to the Association of Allottees and (6) Knowledge Transfer both Technical and Administrative part - on maintenance of Common Areas and common facilities in the Project and (7) Handing over of important Documents which are to be handed to the Association of Allottees.
I attach a detailed list of documents to be obtained by the Association of Allottees from the Promoters/Developers/Landowners of the Project. This is on account of the courtesy of Shri Vivekananda Paniyala Sir, an advocate from Mangalore which he has shared in one of the Groups in the past. This is one of the finest documents on handing over of the possession by the Promoters of Apartment Project to the Association of Allottees. This is a letter from Shri Vivekananda Paniyala Sir, to one of his clients (Shri Vijay Kumar Shetty).
Our discussions will go on with respect to corrective steps to be taken in implementation of various laws connected with real estate activity (nearly 25 laws), referred above by various stakeholders of real estate business. We are neither against any Promoters or their Professional advisors. We are concerned with implementation of RERA and nearly 25 other related laws.
In the above background, I will start the discussions on the following subjects which have to be understood properly for RERA Implementation.(a) SUPER AREA or also called as SUPER BUILT UP AREA of an Apartment (in short- SBUA) (b) BUILT UP AREA (c) Floor Area Ratio (d) Floor Area of the Apartment Project and (e) Floor Area of the Apartment.
Regards,
Ajit N. Naik
Dear Members,I am attaching a document received from Shri Anil Sati Sir (Architect) being the answer to four queries raised in my email. He has explained all the queries very well. With this we got sufficient information for the professional experts on various terms like FAR (Floor Area Ratio), Floor Area of the Project, Carpet Area, Built Up Area, Super Built Up Area of the Project and Floor Area of an Apartment. Now we have to analyse all these terms with (A) RERA (B) Building Byelaws and (C) Zoning Regulation (Bengaluru Master Plan 2015).Members are requested to analyse the same with whatever knowledge they have on the terms/phrases referred above.Regards,Ajit N. NaikOn Thu, 9 Jul 2020 at 20:36, Ajit Naik <ajit....@gmail.com> wrote:Dear All,Important clarification given by Shri Anil Sati Sir (Architect) in the WhatsApp Group with respect to UDS calculation in a bigger project, is reproduced below. Please make it a point to discuss on Real Estate related subjects in the emailing Group under appropriate Topics.Message of Mr. Anil Sati Sir is reproduced below:"If it is a group housing project, more than 20,000 sq.mts of land area.
Certain areas to be relinquished as part of the development plan.5% Civic Amenities (CA) AREA
10% PARK AND OPEN SPACES.You need to handover/ relinquish these areas to the Planning Authority before your Development Plan is sanctioned from the Local Planning Authority of the area.
Any road widening area as per CDP also to be relinquished to authority.
The remaining area has to be calculated for UDS".My query to Shri Anil Sati Sir.Sir,(1) Is the same principle followed for calculating the Floor Area of the Project by using FAR (Ratio)?(2) Sir, will you please explain with two examples showing how the Floor Area of the project changes without using TDR and with using TDR.(3) Is there any procedure/Guideline/instruction from the Plan Sanctioning Authority to mention the Super Built Up Area/Super Area of the entire project and individual Apartment in the Plan prepared by the Architects/Engineers/Structural Engineers while submitting it to the Sanctioning Authority?(4) Sir, is there any mention of the phrase "Floor Area of Apartment" in the Plan prepared by the Architects/Engineers/Structural Engineers? "Floor Area of Apartment" is the deciding factor for providing the number of Parking space of 2.5m x 5.5m area to be allotted to each apartment in the project as per Table No. 23 in the Master Plan 2015 for BANGALORE, ZONING OF LAND USE AND REGULATIONS. The same is reproduced below:Table 23: Parking requirements for various uses:Serial No. 13- Multi- dwellings Units -(A). Dwelling unit measuring more than 50 sq.m up to 150 sq.m of floor area. Additional 1 car park for part thereof, when it is more than 50% of the prescribed limit.(B). Additional car parking for each two Dwelling units, if the DU is less than 50 sq.mt(C). 10 % of additional parking shall be kept for visitors car parking.Parking requirements for various uses are to be provided as per Rule No.6.3 of the Karnataka Building Byelaws, 2017, which is reproduced below:6.3 Parking Spaces (1) The parking spaces shall be provided as per the provisions of Master Plan and Zonal Regulations as prevalent. The location of parking spaces shall be well ventilated. (2) In case of high-rise buildings parking will be permitted at any/all of the following: (a). Basements; (b). Stilt floor; and (c). Stacked/ Multi-level/ Automated parking.Kindly enlighten the Group Members on the above four (4) queries.
With Regards,Ajit N. Naik
On Thu, 9 Jul 2020 at 10:45, Deshpande PropSeva <desh...@propseva.com> wrote:Dear Ajit Sir,Thanks to Shri. Anil Sati for explaining the various built-up areas used in apartment complexes.Regards,On Wed, 8 Jul 2020 at 20:31, Ajit Naik <ajit....@gmail.com> wrote:I am forwarding the two messages received in our WhatsApp Group from Shri Anil Sati Sir (Architect) and Shri Austin Sir so as to enable all to discuss at one place on the subject covered under the protracted email messages. I request the members to post the messages in the thread already created on the subject. The present discussions thread is on -
Draft -Agreement for Sale -Gazette Notified on 07-012020 for Public Suggestions and Comments.
Message from Shri. Anil SatiThere are basically three areas, which are generally used in Building Bye laws and in various legal documents for buying and selling the real estate product (residential or commercial).1. Carpet Area2. Built up area3. Saleable area/ super Built up area /super areaa) the carpet area is defined as the net usable floor area of an apartment, excluding balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment”.b) Built up area of the apartment = Carpet area + external wall + balcony/terrace.Note : Carpet and built up area of apartment is limited to only individual apartment , it doesn’t have any governance on the project amenities and facilities.c) Saleable area of the apartment= Built up area + proportionate common area.common area has two partsa) Within the same block -------area considered:1. Entrance Lobby2. lift lobby,3. staircases4. Duct wall,5. Lift walls.6. Lift and other shafts only at one level.b) Within the whole project … area considered:1. DG rooms.2. Pump room.3. Over-head and underground water tank ( domestic and fire tank)4. Transformer yard (generally if it is indoor type)5. Organic waste convertor6. Electrical panel room.7. Fan rooms for ventilation in the parking area8. BMS rooms,9. Fire control rooms ,10. Society rooms.11. Guard room /security12. Guard toilet/maid toilet13. Club house.14. Sewage Treatment Plant15. Organic waste ConvertorSo the relationship between “CARPET AREA”, BUILT UP AREA and SALEABLE AREA goes like this.Saleable area = Built up area + proportionate common area. OR Saleable area= (Carpet area + balcony/terrace + external wall) + proportionate common areaNote: The sum total of Saleable area is the total saleable area or super built up area of the project.Message from Shri Austine Sir in response to abovemessage of Shri. Anil Sati Sir.Thank you Anil for the informative post.Could you please clarify under which category other developmental works like approach road, internal road , gardens and landscape, perimeter/ street light ,play ground etc for which every owner has a proportionate share will come under.Please send your comments in this thread.Regards,Ajit N. NaikOn Wed, 8 Jul 2020 at 18:56, Ajit Naik <ajit....@gmail.com> wrote:Dear All,Shri. Austine Eapen, IPS (Retd.) Sir has forwarded in our WhatsApp Group three pages of documents on Super Area photocopied from his Agreement.for Sale signed during 2010. I am attaching the same to this email for enabling us to discuss it. Shri Austine Eapen Sir is the retired IPS officer, retired from a Senior Position from Delhi.I request all the members to be proactive in discussing the important discussion in the protracted emails. We have long way to go to struggle with Government of Karnataka and Karnataka RERA Authority to get Proper Implementation of RERA Act and get corrected to certain extent the mess created by the Government of Karnataka in implementing KOFA and KAOA in the last 44+ years.Regards,Ajit N. NaikOn Wed, 8 Jul 2020 at 18:23, Ajit Naik <ajit....@gmail.com> wrote:Dear All.I had attached to the protracted emails sent on 06-07-2020 five (5) photo copies/pages of a Circular Reference NO.: ನೋ. ಮು/ಸಿವಿಸಿ /485/2017-18, Bengaluru, dated 05-12-2018 issued by the Inspector General of Registration and Commissioner of Stamps (in short- IGRS),Government of Karnataka on the Stamp Duty Payable. Now I am able to trace the Circular in the web page of the office of the IGRS in the following link:The downloaded circular duly signed Shri B. S. Shridhar, the Secretary to the Central Market Value Determination Committee for Bengaluru Urban District is attached. It runs into 269 pages and the first 10 are sufficient for our use. Similar circulars must have been issued for other Districts also. The same can be checked from the above website.The above circular was issued based on the Minutes of the Meeting held on 29-08-2018 of the Central Market Value Determination Committee for immovable properties for Bengaluru Urban District. The details are mentioned in the first page of the Circular in the subject matter and references. It is better if some Activists in the group file an RTI Application and Get the Minutes of the Committee held on 29-08-2018. These minutes will be much helpful as the same must contain the reasons for multiplying the Total Value of the apartment as mentioned in the Agreement by the coefficient 1.25 for calculating the Stamp Duty Payable by the first purchaser of Apartment while taking the possession of the Apartment. The reasoning for the same decision should be linked to the the provisions of RERA Act especially definitions mentioned in section 2 with respect to sub clauses (e) apartment, (k) carpet area, (n) common areas, (s) development, (t) development works, (w) external development works, (zb) internal development works, (zf) occupancy certificate, and (zn) real estate project and provisions of Section 13(2) of RERA Act.I hope some Activists or NGOs working for Apartment Dwellers will file an RTI application and get the minutes of the Meeting of the Central Market Value Determination Committee for immovable properties for Bengaluru Urban District, held on 29-08-2018.Regards,Ajit N. NaikOn Mon, 6 Jul 2020 at 10:12, Ajit Naik <ajit....@gmail.com> wrote:Dear All,I am attaching a Circular Reference NO.: ನೋ. ಮು/ಸಿವಿಸಿ /485/2017-18, Bengaluru, dated 05-12-2018 issued by the Inspector General of Registration and Commissioner of Stamps (in short- IGRS),Government of Karnataka on the Stamp Duty Payable while registering the Immovable Properties in the Jurisdiction of Basavanagudi Registration Office of Bengaluru Urban District which contains 7 main Sub-registrars under whom various other Sub-registrars are working. There are six pages and none of the pages are signed by the Authority issuing the circular. I am not aware whether there are more pages than the six pages for the attached circular. Some Advocates or Activists in the group can check it from the appropriate Office and find out the exact number of pages in the circular. They should take a copy of the said Circular for verifying with the attached pages. I am (71 years old) generally barred from going out of the house by the Government guidelines and also House Members restrictions to get the above circular from the office of the IGRS.
Please refer the sixth (6th) page of the last (16 th) remarks in the above circular which is on converting the Total Price of the Apartment (Agreement Price - in short- AP) decided on Carpet Area bases by loading it by multiplying with the coefficient 1.25 for the purpose of paying the Stamp Duty. It is the additional burden on the Allottees though they have not suppressed the Market Value or Guidance Value by conniving with the Promoter. There are reliable guidelines for signing the Agreement for sale which is monitored by the RERA Authority. The Argument of the Inspector General of Registration and Commissioner of Stamps is that the Government's Stamp Duty collection has come down because of fixing the Total Price of the Apartment based on Carpet Area instead of calculating it on the Super Built Up Area of the Apartment. In none of the Acts, laws of the GOK and GOI, (including the Registration Act, 1908 and the Karnataka Registration Rules, 1975), there is mention of the Super Built Area of the Apartment situated in a building of a project. There is no definition and established procedures of calculating procedures of the Super Built Up Area of an Apartment.
The pricing of the Apartment on the bases of the Super Built Up area itself is a big scam jointly followed by the Promoters and the Registration Department under the provisions of Registration Act, 1908 since 5 decades which has cost the each apartment buyers to the extent of minimum Rs. 2.5 lakhs to 20 lakhs (in today's market rate and based on the size of the Apartment). Shri Rajendra Deshpande Sir has already prepared a Note on this fraudulent attitude of the Promoters and the Registration Department. The same will be discussed separately in detail to find out whether any justice be given to the lakhs of Apartment Purchasers, who have been cheated by selling apartments in the Super Built Up Area, in the past.
Now coming to the main point on issuing the above referred Circular issued by IGRS, the IGRS, who is an IAS Officer failed to understand that calculation of the Total Value of the Apartment as per RERA is done based on the per square feet Rate on Carpet Area bases but the Total Price of the Apartment is not only for the Carpet Area of Apartment but also on various other floor Areas and many facilities enjoyed by him in the Complex. All these issues are discussed in my next email. In the above background, I request all members of the group (including the professionals), please analyse the two rate charges on apartment purchases (Both pre RERA Period and After RERA period) and contents of the above circular of IGRS. Unless you study it, it is difficult for anyone to understand the undue burden imposed by the GOK on apartment buyers.
Regards,
Ajit N. Naik
On Sat, 4 Jul 2020 at 23:59, Ajit Naik <ajit....@gmail.com> wrote:Dear All,
In continuation of my yesterday's email sent in the Group at 15.45 hours, I am attaching the Rate Chart on selling of Apartment after RERA Implementation. All the contents in it are explained and one can easily understand it. Please go through it . The rate chart is prepared with respect to the project of the same size which was discussed yesterday, so as to make it easy to compare the rates quoted by the Promoters before RERA implementation and now as per RERA Guidelines.
The Rate of Apartment used to be quoted at the Square Feet Rate per Super Built Up Area at Rs. 5921/- before RERA implementation is now changed and the Rate of Apartment being quoted in the similar projects at the Square feet per Carpet Area as per RERA requirements and Guidelines is at the Range of minimum of Rs.9664.72 for all Good Promoters. The same rate quoted by the unscrupulous Promoters is at minimum of Rs.10289.72.
I have also attached the chart forwarded to you along with yesterday’s email with slight modifications. I request all the members in the Group to go through the two rate charts applicable to Pre-RERA Period and Now after RERA implementation. As per the comparative study of both the charts the Total Value of the Apartment (except stamp duty and Registration charges) after RERA implementation is less by Rs. 205236/- Please give your valuable suggestions.
Tomorrow, I will discuss the irrational additional Stamp Duty imposed by the Government of Karnataka on apartment buyers after RERA Implementation without any grounds for it. I will also discuss how the Floor Area of each apartment can be calculated which is necessary to know the number of Parking spaces to be allotted by the promoter to allottees without charging any amount. I will also discuss why mentioning the Super Built Up Area in any type of documents to be registered (Agreement for Sale of Apartment and Conveyance Deed of Apartment with possession) must be discontinued.
After my tomorrow’s email (job), we have to discuss the looting of the Promoters from the apartment buyers by unexplainable loading of super built up area to the extent of 50 square feet to 200 square feet per apartment while purchasing an apartment will be discussed. Mr. Rajendra Deshpande, a member of our group has already submitted his groundwork on the subject. The looted amount is in the range of Rs.250000 to Rs.10000000.
Please participate actively and write your comments on the mails sent in this group.
Regards,
Ajit N. Naik
On Fri, 3 Jul 2020 at 15:45, Ajit Naik <ajit....@gmail.com> wrote:Dear All,THE MOST IMPORTANT TOPIC FOR ALLOTTEES AND PROFESSIONALSKindly go through the Term 1.1 and 1,,2 and (i) to (iv) explanations to Term 1.2 and Term 11 of the Agreement for Sale very carefully.The above Term Nos. 1, 2, Explanations (i) to (iv) to Term 1.2 and Term 11 and clause 'G' in the beginning of Agreement for Sale give the Clear Idea of what the Promoters of the Apartment Project are going to sell to the Allottees and what are the works they have to complete in the projects and each apartment before obtaining the Occupancy Certificate of the project and handing over of the Apartments in the Projects. The Total Price is inclusive of GST and other Local Taxes Payable by the Promoter. The Total Tax (GST and Local Taxes, if any) payable are subject to modification as per changes made by the Government of India or State Government. . Input GST benefit is also to be transferred to the Allottee.
"1. TERMS:
1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase the [Apartment/Plot] as specified in para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. ______ (Rupees ___________ ___________________________________________ only ("Total Price") (Give break up and description):
Block / Building / Tower no. _________ Apartment No.__________Type _____ Floor No _____ Carpet Area of the Apartment _____________ Rate of Apartment per square feet of Carpet Area: Rs. ________
Total Price (in rupees) ___________________
*Provide break-up of the amounts such as cost of apartment (cost exclusive of balcony or verandah areas, open terrace area) but inclusive of proportionate cost of common areas land, preferential location charges, floor charges, taxes paid, maintenance charges for maximum four (4) months as per para 11. And if Applicable Price of Garage – 1 - Rs. ______ Price of Garage 2 - Rs. ______ (Garages are to be sold only with Apartment.)
Total price: Rs. __________ (Rupees _____________________________________________________ ___
______________________________ only)
Note: Any sort of Parking space in the basement, Stilt or Multi Level Parking Building are not saleable and should not be confused with the word Covered Parking unless it complies the requirements of the Garage as defined in section 2(y)of RERA Act.
EXPLANATIONS:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot].
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Goods and Service Tax (GST), or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) (and the same shall be payable by the Allottee on or before) (upto to the date of) handing over the possession of the apartment/plot to the allottee and the project to the association of the Allottees or the competent authority, as the case may be, after obtaining the completion certificate / occupancy certificate:
Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification:
Provided further that if any increase in the taxes after the expiry of the schedule dated of completion of the project as per registration with the authority which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the allottee;
(iii)The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within the time and in the manners specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective.
(iv) The Total Price of [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11.etc. and includes cost for providing all other facilities, amenities, and specifications to be provided within the [Apartment/Plot] and the Project.
11. MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT:
The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of the allottees upon the issuance of the completion certificate of the project. The cost of such maintenance has been included in the Total Price of the [Apartment/Plot]."
COMMENTS:
(1) In the explanation number (ii) to Term 1.2 which is reproduced above, the Government of Karnataka has cunningly tweaked the same and it mentioned as "the same shall be payable by the Allottee on or before handing over the possession of the apartment/plot to the allottee and the project to the association of the Allottees or the competent authority, as the case may be, after obtaining the completion certificate / occupancy certificate" The tweaked portion is marked in red colour and marked in blue colour has to be retained. As per the Model Agreement for Sale, explanation (ii) of Term 1.2 shall be as below:
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Goods and Service Tax (GST), or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) upto to the date of handing over the possession of the apartment/plot to the allottee and the project to the association of the Allottees or the competent authority, as the case may be, after obtaining the completion certificate / occupancy certificate:
(2) If we go through the Term 1.1, 1,2, explanations (i) to (iv) to Term 1.2 and Term 11, it is clear that the RATECHART PREPARED BY PROMOTERS FOR EXPLAINING TO PROSPECTIVE BUYERS OF APARTMENT WILL HAVE A RADICLE CHANGE AFTER RERA IMPLEMENTATION.
(3) I attach the Rate Chart used to be given by the promoters to prospective buyers during pre-RERA period. Please study it carefully. I will be sending later the proforma o Rate Chart to be prepared compulsorily by the promoters to prospective buyers due to RERA Implementation.
(4) This Group has Four (4) Chartered Accountants and Three (3) Architects. They are requested to guide the group in calculating the Price Rate per Carpet Area for selling apartment as per RERA requirements.
(5) A looting of Stamp duty is going on in Karnataka by the Inspector General of Registration and Commissioner of Stamps and The Revenue Department of Government of Karnataka on apartment sold on Carpet Area Bases. It is illegal.
(6) In (a) the Registration Act, 1908(b) the Karnataka Registration Rules, 1965 (c) the Karnataka Building Byelaws2017 (d) Zonal Regulations prepared by the Local Areas and (e) the Model Building Bye-laws, 2016 circulated to Central Government, there is no reference of the Super Built-up area, While Registering the Conveyance Deed of the apartment, the Super Built-up Area is mentioned in it. As super Built-up Area is not defined in Any of the above referred 5 official Acts, Rules and Byelaws, mentioning Super built-up area in the Conveyance Deed is not logical and the same should be discontinued. Super Built-up Area concept should be shifted to the Floor Area of the Apartment which can be easily calculated for each apartment in the project, based on the Floor Area of the Project for which proper mathematical formulae is available. The Concerned Departments of Government of Karnataka should know that Allocation of parking space to apartments purchasers in the multi-storied buildings are linked to the floor Area of the apartment asper Table No. 23 of the Bangalore Zoning Regulations 2015. The same is available in all the Zoning Regulations of other Cities.
(7) This Group has Nine (9) Advocates. They are requested to guide the group in coming to the conclusive decision for stopping the additional Stamp Duty charged on apartments sold on Carpet Area bases due to RERA Implementation. I will discuss on the subject in the next 2 days. The advice of the Advocates is also required on mentioning the Floor Area of the Apartment in the Conveyance Deed instead of Super built-up Area.
Regards,
Ajit N. Naik
On Wed, 24 Jun 2020 at 23:02, Ajit Naik <ajit....@gmail.com> wrote:Dear Shri. Shridhar Naik,After sending my above referred email with attached comments/suggestions to various Departmental Heads of GOK related to real estate development activities and business and RERA Authority and it's members, Secretary to RERA and Adjudicating Officer, I received a call from RERA Office today. I was asked to talk to them tomorrow. Let me talk to them and then decide the future course of Action.Thanks for your comments.Regards,Ajit N. Naik
---------- Forwarded message ---------
From: shridhar naik <nashri...@gmail.com>
Date: Wed, 24 Jun 2020 at 20:32
Subject: Re: Draft -Agreement for Sale -Gazette Notified on 07-012020 for Public Suggestions and Comments.
To: Ajit Naik <ajit....@gmail.com>Sir , you have made a detailed analysis of AFS and made very relevant comments.You have sought an appointment /opportunity to explain your view point.My suggestion is that please draft an AFS ,duly incorporating your suggestions,additions,amendments,modifications or corrections( duly underlining or in different font or color so that the concerned authorities can easily read ,understand and adopt your suggestions. Though it involves some additional work, please consider.Well done .Shridhar V naik
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Rajendra Deshpande,
Managing Director
Abhrant Property Counseling Services P. Ltd,
301, JJ Vertical, South End Metro Bylane,
Bangalore 560 004
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