BENGALURU LEGAL CORNER

  • Criminal Case registered against Builder for non-formation of Apartment Association as required under S.10 of the Karnataka Ownership Flats Act, 1972.
  • TDS is applicable on sale of immoveable property (other than agricultural land) wherein the sale consideration of the property exceeds or is equal to Rs 50,00,000 (Rupees Fifty Lakhs). TDS must be paid before registration of a property.
  • Section 310 of the Karnataka Municipal Corporations Act makes it mandatory for building owners to obtain completion or occupancy certificates within a month of completion of the construction.
  • In W.P. 2201/2012 the Division Bench of the Karnataka High Court declared that public properties/buildings/ lands such as playgrounds shall not be named after “any living person” especially a sitting MLA who is a public figure and who is certain to gain advantage from such naming. The MLA may immortalize his name by naming his own properties under his name but not misuse public funds for such purpose. Where the Counsel for Respondent submitted in defense that various public buildings had been named after “living politicians”, the Court said that any person may approach the court for remedial measures.
  • Karnataka Rent Act
    Under Section 20 Estate Agents engaged in brokerage of houses are liable to be registered with the Rent Controller & file Quarterly Return of the transaction. Rule 20 prescribes half of the rate of one month as brokerage or commission.
  • Shops and Commercial Establishment (Working Hours)
    Under notification dated 31.12.1976 the government of Karnataka has directed that no shops or commercial establishment shall be opened on any day earlier than 6 am or closed on any day later than 9 pm. But certain establishment and shops like medical stores, clubs, hotels, boarding’s, hostels of educational institutions, shops like bakery, ice cream, fruits and vegetables, pan, newspapers, cinema, petrol pump, etc  and IT enabling services etc are exempted.
  • Shops and Commercial Establishment (Weekly Holidays)
    Under section 12 of the Karnataka Shops and Commercial Establishment Act, every establishment to which the Act applies shall remain closed for one day of the week. Holiday must be displayed and notified to the labour inspector.
  • After 16/10/2009 KIADB has no power to acquire any land or property for BMRCL/Bangalore Metro Rail, since the Central Govt. Notification by the Ministry of Urban Development (Metro Rail Cell) , dated 16/10/2009; S.O.2625 (E).
  • Karnataka Govt. Parks Preservation Act 1975, amended on 17.05.2010, whereby  2126.71 sq.mtrs area of Cubbon Park located between Vidhana Soudha and Karnataka High Court Building and 11,160 sq.mtrs area of Cubbon Park located between East: High Court of Karnataka, is permitted to be alienated.
  • TDR for road widening is not mandatory. Under Sec 14 B of the Karnataka Town and Country Planning Act, TDR is applicable only if the property owner surrenders the property free of cost.